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03
City of Pleasanton
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CITY CLERK
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2022
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051722
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5/17/2022 10:47:38 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/17/2022
EXPIRATION DATE
5/17/2037
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In response to Councilmember Arkin, City Attorney Sodergren reported he has not analyzed the <br /> proposed measure's ability to stop the Harrison Street project downtown Pleasanton. <br /> In response to Councilmember Arkin, Interim City Manager Dolan confirmed more projects like the one <br /> on Harrison Street could come forward in the future. <br /> In response to Councilmember Balch, Mr. Rhine confirmed the questions over CEQA and Fair Housing <br /> would likely have to be settled by a court to determine the intent of the voters. He confirmed if someone <br /> challenges a city's decision, it would be up to a judge to determine how CEQA would apply. <br /> In response to Councilmember Balch, Mr. Rhine advised he is not familiar with the situation involving <br /> the Livermore Municipal Airport's CEQA analysis so he cannot comment. City Attorney Sodergren <br /> advised he has not reviewed the measure from a legal standpoint and would not want to speculate. <br /> In response to Councilmember Balch, City Attorney Sodergren clarified he cannot speculate on who <br /> would pay for legal challenges because it depends on how the measure is brought to court. <br /> Councilmember Balch inquired about setting over 500 different land-use standards statewide if cities <br /> and counties can do as they please. <br /> In response to Councilmember Balch, Interim City Manager Dolan reported the City could currently use <br /> General Fund money to build affordable housing. City Attorney Sodergren advised future City Councils <br /> can change previous City Council policies but not those adopted by voters. <br /> In response to Councilmember Balch, City Attorney Sodergren advised he has not reviewed the court's <br /> 2010 opinion on Pleasanton's 1996 voter-approved housing cap recently so he could not say <br /> definitively what is in the ruling relative to discrimination issues. <br /> In response to Councilmember Balch, Mr. Rhine clarified the measure has a carve-out for local voter- <br /> approved initiatives. He advised a City Council could not interfere with what is in this potential state- <br /> level initiative if it is approved. <br /> In response to Councilmember Balch, Assistant to the City Manager Hopkins advised it is unclear <br /> whether regional mass transportation like Bay Area Rapid Transit (BART) would be deemed a matter of <br /> state interest. Interim City Manager Dolan explained these questions are what led to the Cal Cities <br /> Board's conclusion there are still too many unanswered questions to take a formal position on the <br /> initiative. He advised this is also part of why the staff's recommendation is to not act. <br /> In response to Councilmember Balch, Mr. Rhine reported the Cal Cities Working Group did not discuss <br /> issues like Pacific Gas and Electric (PG&E) lines running through multiple cities. He advised the <br /> working group continues to have questions they are working through even with their past time <br /> commitment. <br /> In response to Councilmember Balch, Mr. Rhine advised the bill introduction deadline is a month away <br /> and the full amount of submitted housing-related legislation will be determined at that time. <br /> In response to Councilmember Narum, Mr. Rhine advised he does not know enough specifics about <br /> Valley Link. He clarified he does not know if transportation bills have language similar to housing bills. <br /> He added there is a reference to water infrastructure in the measure excluding those decisions from <br /> cities. keeping it an issue of statewide concern. He clarified the measure does not identify water <br /> sources. just water infrastructure. <br /> In response to Councilmember Narum. Mr. Rhine reported there are about a dozen potential ballot <br /> initiatives currently in the process of signature gathering. He advised Cal Cities focuses on ballot <br /> City Council Minutes Page 8 of 17 January 18. 2022 <br />
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