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City of Pleasanton
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2010
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
5/18/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
01
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Councilmember Sullivan asked him to clarify the timeline on the judge's order. Mr. Brown said <br />the court has allowed the City 120 days from the date the writ of mandate is signed, which will <br />likely be from April 5`" <br />Councilmember McGovern asked that, just as the housing cap was approved by the voters, <br />would an amendment also require a vote of the public. Mr. Brown said he did not believe so <br />given that the action would be in compliance with court order. The same action prior to the court <br />ruling would have required a vote. <br />Councilmember McGovern said she would like the public to understand there are time <br />constraints associated with what the City would like to do in terms of compliance. She said there <br />has been question surrounding the validity of Measure PP, which specified what constitutes a <br />housing unit, given that it is a part of Policy 24. Mr. Brown said the court's ruling does not <br />distinguish but does invalidate the cap in its entirety and orders the City to eliminate Policy 24 <br />and its programs in entirety. He said he does not believe the intent of the order is to sweep <br />away ridgeline protection and that it would be a reasonable and good faith reading of the order <br />to say that only those provisions of recent measures that recreate the cap are affected by the <br />ruling. Having said that, he stressed that the issue is not clear and may be subject to further <br />dispute. <br />Councilmember McGovern noted that Measure PP clearly stipulates that if any portion of its <br />content is struck down, the rest remains in place. Mr. Brown reiterated that he did not believe <br />the court ever intended to address those additional protections and that it would be extreme to <br />read the ruling otherwise. <br />Mayor Hosterman opened the hearing for public comments. <br />Pat Murray said it is important to recall why the City voted to ban housing over a specified <br />number of units per year. She said it was not driven by a desire to prevent people from living <br />here but rather an attempt to control what many viewed as runaway development that served <br />only to line the pockets of developers. She said that as a valley city, Pleasanton has been <br />impacted by cut through traffic and increased demand on its freeway systems, resulting in <br />unhealthy air quality in the valley. She strongly urged the Council to protect the citizens' rights to <br />pass ordinances that they deem necessary. <br />Michael O'Callaghan said he opposed continued litigation, which would kill an already troubled <br />commercial business community. He said the Council signed on to take care of its citizens and <br />must now resolve the situation. He said that rather than more elections and lawsuits, the City <br />must channel its money to a better use. The Council is in a difficult position but must now find <br />some other way to comply with the wishes of its citizenry. <br />Becky Dennis introduced herself as a member of Citizens for a Caring Community, although <br />conceded they had not met to discuss her comments. She asked the Council to remember that <br />Pleasanton has many long -time residents who support the City's vision for affordable workforce, <br />senior, and disabled housing and that while the views of the Council and housing advocates <br />have diverged in terms of social justice, she hopes the Council will proceed down the path of <br />negotiation. She asked them to do so in order to allow the City's affordable housing advocates a <br />role in developing a solution that represents the interests of the entire community, a control that <br />would not be afforded by narrowly implementing the court order. She concurred with <br />Councilmember Sullivan that one can tell the character of a community by how the concerns of <br />City Council Minutes <br />Page 13 of 22 April 6, 2010 <br />
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