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new litigation and voiced concern over this community losing local control and having land use <br /> decisions made by a court. Even when writing that piece, he could not have imagined the very <br /> serious implication of the court shutting down the issuance of non residential building permits. <br /> He voiced concern as a property owner, as a resident, and as someone who truly enjoys the <br /> community. He asked that moving forward staff expand its analysis of the issue and that each <br /> option include an analysis of the economic and service implications. He said Pleasanton has <br /> often been on the cutting edge of things and it is unfortunate to now be on the cutting edge of <br /> the implications associated with failure to comply with the State housing law. He wished the <br /> Council luck and urged them to be sure they have all pertinent information before moving <br /> forward. <br /> Scott Raty, Pleasanton Chamber of Commerce, said that today is memorable as the date when <br /> business, labor, and environmental groups are in agreement. He thanked the Council for using <br /> this hearing to educate the public, said it provided an outstanding overview, and asked if the <br /> information might be made available in a PowerPoint presentation. He underscored the <br /> economic impacts mentioned by others but said it goes beyond business and potentially effects <br /> healthcare and other community groups, as well. He urged the Council to seek as swift a <br /> resolution as possible and said he was encouraged to learn that it may be possible to adopt a <br /> RHNA exception even with the cap in place. He noted the irony that the very vote the public <br /> used to ensure local control is what has now taken that control away. He would like to think that <br /> in time, an informed citizenry will recognize that perhaps the objectives of the State, that those <br /> of this community are not polar opposites, and that there are healthy decisions to be discovered <br /> as the needs of the community continue to evolve. <br /> Peter MacDonald said that the 1996 General Plan's build -out projection was reasonable but <br /> when the Council put that projection on the ballot, even a near miss became a liability. He said <br /> the 2009 General Plan made it apparent that the few remaining developable parcels in <br /> Pleasanton could lift that build -out from 29,000 to 31,500 units, but that Measure PP advocates <br /> pushed to further restrict any flexibility in the cap by rigidly defining housing units. He said this <br /> militant embrace of the cap is what doomed it to failure. He said the consequences of defending <br /> the indefensible cap have escalated dramatically, and will continue to escalate until the City <br /> addresses the legal requirement to provide for its fair share of the regional housing need. He <br /> cautioned that the already overdue Housing Element update would be hopeless with the <br /> existing cap in place. He said an appeal would put Pleasanton's formerly good name at an <br /> appellate court decision destined to be the definitive rejection of exclusionary local zoning <br /> practices. That outcome would besmirch a long tradition of good and socially responsible <br /> planning in this City, and he recommended the Council comply with the court order and <br /> negotiate a reasonable solution. <br /> Mayor Hosterman closed the hearing to public comments and asked the City Manager to speak <br /> to the process going forward. <br /> City Manager Fialho stated that the City has been engaging in global settlement discussions <br /> with the petitioners and from the perspective of trying to identify what would be a possible <br /> solution to the issue at hand. He said the City has not tied its hands in terms of options and he <br /> characterized it as a parallel track of 3 independent approaches. The next public hearing is set <br /> for April 20` at which time staff will provide a comprehensive report, which spells out issues <br /> related to the history of the cap, what RHNA means, how it applies to the third and fourth <br /> planning periods, and its consequences on the City. By that time, staff also hopes to understand <br /> more about what compliance means in the context of the court order or settlement, to share that <br /> City Council Minutes Page 16 of 22 April 6, 2010 <br />