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2. Housing Element Update (61' Cycle) — P21-0751, 2023-2031, Review and adopt resolutions approving the following: Recommendation: 1. Waive the full reading and adopt Resolution No. 23-1357 certifying the Environmental Impact Report (EIR) (State Clearinghouse No. 2022040091) for the 6th Cycle Housing Element, adopting a statement of overriding considerations, making findings of fact, and adopting a mitigation monitoring and reporting program (MMRP); 2. Waive the full reading and adopt Resolution No. 23-1358 approving a General Plan amendment to update the Housing Element for the 6th Cycle including findings of compliance with State law; and 3. Waive the full reading and adopt Resolution No. 23-1359 approving General Plan amendments consistent with the 6th Cycle Housing Element, Stoneridge Mall Framework and Objective Design Standards. Ellen Clark, Community Development Director, and Megan Campbell, Associate Planner, presented the item. Mayor Brown opened the public hearing. The following individuals provided comment: Dominic DiDutra, Igor Ginzburg, Alisa Stoddard, Andrew Shotland, Harmit Toor, Randy Brown, Arne Olsen, Sharon Piekarski, Guy Houston, Jan Batcheler, Doug Miller, Cheryl Atkins, Jill Miller, Carolyn DeVault, Lisa, Jocelyn Combs, Janet Gates, Ahmad Sheikholeslami, Jason Quintel, Christine Bourg, John Bauer, Peter MacDonald. Dominic DiDutra responded to questions posed by council. Mayor Brown closed the public hearing. City Attorney Dan Sodergren advised that Councilmembers Testa and Balch reside within 500 feet of potential sites on the inventory list. Both received advice from the Fair Political Practices Commission (FPPC) and FPPC found that based on exception to the Political Reform Act, the councilmembers may participate in the discussion and decision to approve the list as a whole, general policy decisions applicable to all properties on the list, and general decisions relating to the draft element. However, FPPC noted the exception may not apply to a decision to remove a site that is in proximity to their homes or discussion of parameters to sites that do not apply to the list as a whole. City Attorney Dan Sodergren suggested that sites 25 (Pleasanton Unified School District site) and 26 (St. Augustine site) be addressed separately for questions and decisions due to Councilmembers Testa and Balch living within 500 feet of each of the sites respectively. Councilmember Testa recused from discussion regarding site 25. Site 25: PUSD District MOTION: It was m/s by Arkin/Brown to retain density at 8-12 units for site 25. SUBSTITUTE MOTION: It was m/s by Nibert/Balch to include site 25 and change the density range to 8-13 du/acre (total 85-139 units) reflecting the original recommendation by the Planning Commission. Motion passed by the following vote: Ayes: Councilmembers Arkin, Balch, Nibert, Mayor Brown Noes: None Recused: Councilmember Testa Councilmember Testa returned to the meeting at 10:53 p.m. City Council Minutes Page 2 of 5 January 26, 2023