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In response to Councilmember Balch, Mr. Heath advised in a conflict between a city and the State in <br /> matters of land use and zoning, the city would prevail and noted the point of the initiative is so a judge <br /> would not have to make this decision. He advised the only exceptions would be coastal land use, a <br /> power plant over 50 megawatts, or water, communication, and transportation infrastructure. He <br /> reported he could not answer if Pleasanton could have to pay to defend its State-conflicting positions in <br /> court in the future. <br /> In response to Councilmember Testa, Mr. Heath advised power lines are generally covered under the <br /> Public Utilities Code and are not considered zoning or planning so there would be no impacts under the <br /> initiative. <br /> Mayor Brown closed the public hearing. <br /> Councilmember Testa moved to pass a resolution supporting the initiative. She advised she has <br /> hundreds of signatures from Pleasanton residents indicating tremendous support for the initiative and <br /> noted this is an opportunity to let the voters decide. She advised they have not gotten into all of the <br /> unintended consequences minutia tonight but added they are all red herrings intended to deflect from <br /> the intent of the initiative. She advised the City Council should help get it to the ballot. <br /> Councilmember Testa reported there was a question earlier towards what may be coming next from the <br /> legislature and Senator Mike McGuire has indicated there will be forthcoming bills even more restrictive <br /> than SB 9 and SB 10. She advised she was in the Cal Cities Working Group and reported a <br /> presentation by California Yes in My Back Yard (YIMBY) stating they and the legislature will not stop <br /> until all local control has been removed. Councilmember Testa reported the proponents of the initiative <br /> went to Cal Cities before it was filed looking for a partnership and Cal Cities was unwilling to do this. <br /> Councilmember Arkin seconded the motion. She advised the initiative strengthens CEQA unlike SB 9 <br /> and SB 10 which will decimate it. She noted different cities should be making different land-use <br /> decisions and noted City Councils can change the priorities of their predecessors. She advised the <br /> Harrison Street project is not an emotional argument but rather a reality they cannot counter any portion <br /> of. She reported preserving downtown against developments like this was one of the top things she <br /> heard from residents while campaigning. She advised SB 9 and SB 10 do not address the affordable <br /> housing crisis. <br /> Councilmember Arkin advised the City should act now when the initiative is not on the ballot yet <br /> because it sends a message to the community that this is important. She explained these unwanted <br /> land uses will have irrevocable impacts for years to come. She advised SB 9 and SB 10 treat all cities <br /> the same when they are not all the same. She expressed concern that SB 9 and SB 10 overturn voter- <br /> approved initiatives. She noted if the City Council is concerned about projects like the one on Harrison <br /> Street, to approve the resolution supporting the initiative. <br /> Councilmember Narum advised all members of the dais are staunch suppoilers of local control and <br /> have been repeatedly frustrated by mandates, citing the earlier discussion on district elections as an <br /> example. She advised endorsing an initiative not qualified for the ballot is a slippery slope when there <br /> are many other pending initiatives out there. She questioned if it is the best use of their time when the <br /> City Council does not have a policy on State initiatives. She advised she understands the concerns. <br /> Councilmember Narum advised enough questions have been raised and the Cal Cities Board declined <br /> unanimously not to take a position, making it hard for her to support the motion. She clarified she is not <br /> opposed to the resolution but feels she needs more information and did not hear the right answers <br /> tonight. She cited the vague Valley Link answers to whether another community could stop something <br /> the City Council fully supports. She stated she is unsure of the unintended consequences but added <br /> she is also unwilling to vote against the resolution. She called for more time to have concerns <br /> City Council Minutes Page 11 of 17 January 18, 2022 <br />