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Mayor Jerry Thorne and Members of the Pleasanton City Council WENDEL,ROSEN,BLACK 8 DEAN LLP July 19, 2016 Page 2 retail component of the JDEDZ Project so it is unclear what additional fiscal impacts would be studied through a 9212 Report. In fact, the agenda report states: "At this point, most of the documentation needed to present the Zone to Planning Commission and City Council for consideration (including a comprehensive response to public comments received on the Draft Supplemental Environmental Impact Report) are ready" (See page 6 of the agenda report). In other words, the fiscal impacts of the Zone—with and without the club retail component—have already been thoroughly analyzed, thereby obviating the need for further study before placing the Initiative on the November ballot. If the Council determines a 9212 Report is required prior to making a determination as to when to place the Initiative on the ballot, we would strongly urge the Council set the matter for a special meeting on August 9i° in order to have the Initiative qualify for the November 2016 election. To push off consideration of this report to the Council's August 16 meeting would suggest the Council is merely delaying a decision on the Initiative until after the August 12 qualification deadline. We feel the Council has ample information about the Initiative's fiscal and environmental impacts to order the Initiative be placed on the November ballot tonight. With regard to whether the Council should continue to process the JDEDZ during the pendency of the Initiative and until a vote of the public is held on the Initiative, we would urge the Council to pause the processing of the Zone. A November vote on the Initiative will provide the certainty to the Council and staff as to the public's tolerance for the club retail component of the JDEDZ relative to the City's General Plan policies and zoning. Again, as the staff report indicates, most of the documentation and information necessary for Commission and Council consideration is ready; if Council determines this information would be beneficial for Pleasanton voters to review before a vote on the Initiative in November, the Council is free to request an informational report be prepared and presented to the Council and the public in advance of the November election. As indicated in the staff report, such an informational report is not subject to statutory deadlines such as required for the 9212 Report. In summary, we feel the least expensive and most expedient course of action for the Council to take tonight is to: 1)accept the Registrar of Voters' certification of the Initiative; and 2) adopt a resolution placing the Initiative on the November 8, 2016 ballot and direct your City Attorney to prepare an impartial analysis. Alternatively, if the Council determines a 9212 Report is absolutely necessary, direct such report be prepared in time for the August 9 special meeting; or, adopt a resolution tonight placing the Initiative on the November ballot and request an informational report be prepared for purposes of the ballot arguments and to inform the public. 020733 00101437531 I.1