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gold fa r b 1300 Clay Street, Eleventh Floor <br /> Ii p m a n Oakland,California 94612 <br /> attorneys 510836-6336 <br /> M David Kroot December 20, 2022 <br /> Lynn Hutchins <br /> Karen M.Tiedemann memorandum <br /> Thomas H.Webber <br /> Dianne Jackson McLean <br /> Michelle D. Brewer To <br /> Jennifer K. Bell Mayor and City Council <br /> Robert C. Mills Chair and Members of the Planning Commission <br /> Isabel L. Brown From <br /> James T. Diomond,Jr. Barbara E. Kautz <br /> Margaret F.Jung <br /> Heather J. Gould RE <br /> William F. DiCamillo Consequences of Adopting an Inadequate Housing Element <br /> Amy DeVaudreuil <br /> Barbara E. Kautz You have asked us to describe the potential consequences to the City of <br /> ca Williams Orcharton Pleasanton (the City) if it adopts a Housing Element that is not in substantial <br /> Luis A. Rodriguez conformance with state law. <br /> Rafael Yoqui6n <br /> Celia W. Lee Summary of Consequences <br /> Dolores Bastian Dolton If the City does not have a Housing Element that is in compliance with State law: <br /> Joshua J. Mason <br /> Vincent L. Brown • The Attorney General may bring suit against the City to compel the City <br /> Hana A. Hardy to adopt a housing element in compliance with State law. If the City does <br /> Caroline Nasella not comply with a court order to adopt an adequate housing element <br /> Eric S. Phillips within one year, the court shall impose a fine ranging from $10,000 to <br /> Elizabeth Klueck $100,000 per month, which may be increased to$600,000 per month if the <br /> Daniel S. Maroon City does not comply within an additional six months. <br /> Justin D. Bigelow • The City will be vulnerable to multiple lawsuits by interested parties to <br /> compel the City to adopt an adequate housing element. Successful <br /> plaintiffs are entitled to attorneys' fees. <br /> San Francisco • The City may be identified as a "bad actor" and will likely be subject to <br /> increased scrutiny from housing advocates and the Department of <br /> 415 788-6336 Housing and Community Development(HCD),potentially with repeated <br /> Los Angeles threats of litigation. <br /> 213 627-6336 <br /> Son Diego • If a court invalidates the City's Housing Element, the court could choose <br /> /.11N 619 239-6336 either to suspend approval of private developments or mandate approval <br /> Goldfarb&Lipman LIP of housing projects. In similar litigation, courts have required a city to <br /> 990052\01\3078344.1 <br />