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01 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2012
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112712 Special Meeting
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11/16/2012 4:42:30 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/27/2012
DESTRUCT DATE
15Y
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City Manager Fialho said staff believes they have put forth a measure that reflects the Council's <br /> majority interest in preserving the southeast hills and are not looking at the bigger, longer <br /> picture. However, the ordinance that gets potentially developed could be more encompassing <br /> than what is reflected in the measure. <br /> Mayor Hosterman opened the item for public comment. <br /> Steve Brozosky said the Council initiative does two things; one is policy to re-affirm the general <br /> plan that is already in place and secondly, advisory, to put in place some real hillside protection <br /> and to define a housing unit. He said it is important to note that initiatives cannot legally direct a <br /> legislative body to act. So you cannot put anything in an initiative that tells a legislative body to <br /> do something in the future. Therefore, he did not understand why people should vote no on the <br /> citizen's initiative. He also did not see how any of the suggested titles by staff are accurate. <br /> There are many protection initiatives but there is nothing in the initiative that is protection; just <br /> preserve what we already have and we will have a potential plan in place that will preserve it. <br /> Councilmember Sullivan said this was similar to his question. This tells the Council to create a <br /> plan but it does not mean it must adopt a plan or ordinance. City Attorney Roush said this is a <br /> possibility, but again, the entire discussion concerning what the plan is going to involve is part of <br /> the findings of this particular measure. The policy that the Council would be asking the voters to <br /> re-affirm and re-adopt is in Section 3, the existing General Plan policies. <br /> Mayor Hosterman recognized there is language contained in the initiative which cannot be <br /> implemented so what the Council is trying to do is to get to the same ends in ensuring the <br /> preservation of all surrounding hillsides. She is hoping to get community support to do so in <br /> such a way with language that this Council can implement. <br /> Anne Childs said a few weeks ago, Councilmember Thorne told her that he went out to talk <br /> about the citizens' hillside initiative and heard the majority of them say they wanted something <br /> done quickly. However, the initiative being considered tonight does not look like the right <br /> response because the Council proposes 1.5 years to develop a hillside protection ordinance <br /> which is not quick action, nor will the Council establish a moratorium on hillside development in <br /> the meantime which would ease people's sense of urgency. Many people will have doubts due <br /> to Council's actions over the past 9 months. She also objects to the proposed language of the <br /> initiative and she is focusing specifically on the purpose of the initiative because she finds it <br /> imprecise and misleading. She asked the Council to clarify whether or not a protection measure <br /> will be in place immediately if the City's initiative passes. Also, the poison pill measure is not <br /> mentioned, which is the primary purpose of the initiative, and the consequences of two yes <br /> votes should be stated upfront so voters know the relationship between the two initiatives. <br /> Dick Quigley saluted the Council for seeing the shortcomings of the citizen's initiative, urged the <br /> Council to move forward and approve the City-developed initiative ordinance to protect the <br /> ridgelines, hillsides and open space for the community and region. He applauded the action and <br /> discussion at the June 26 meeting and other open public forums. He said EBRPD has a $500 <br /> million bond measure for acquisition to parkland in two counties, private hillsides and view <br /> sheds are not the property of near neighbors or neighborhoods and we should not have <br /> neighborhoods fighting amongst each other with the Council being the navigator. <br /> Kay Ayala said she does not think this is the right thing for the Council to do, thinks the Council <br /> should let the citizen's initiative move forward and if the Council does not like it, get everyone to <br /> vote no on it. She said the initiative shall take effect if a majority of the votes cast on the <br /> initiative are in favor of its adoption. If the majority of the votes cast are in favor of adopting this, <br /> City Council Minutes 10 July 15, 2008 <br />
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