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CCMIN080796
City of Pleasanton
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CITY CLERK
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1990-1999
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1996
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CCMIN080796
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Ms. Mohr indicated there was discussion at the ABAG regional planning meeting she <br />attended that suggested that if cities adopted urban limit lines, then as the state population grows, <br />there would be more pressure for new communities such as Mountain House to be formed. <br /> <br /> Mr. Weinberger indicated there is a wide range of complex impacts and effects from all <br />land use decisions. Mountain House was formed long before many of these decisions had been <br />made. With the economy of California, it is possible that there are numerous factors that affect <br />development patterns. <br /> <br /> Ms. Michelotti indicated the Napa case involved a citizen sponsored initiative rather than <br />a Council sponsored initiative. She asked if there were cases involving Council sponsored <br />initiatives and would that make a difference in the court decision. <br /> <br /> Mr. Weinberger replied that cases testing the validity of land use initiatives have all been <br />citizen sponsored initiatives. There have been no cases directly on the question of the validity <br />of council sponsored initiatives. However, the Elections Cede specifically authorizes City <br />Councils to place matters on the ballot. The question might be, does the voter approval <br />provisions apply to a Council sponsored initiative. He felt the courts would say it does apply. <br />The act of the voters in validating a Council decision is the equivalent of having a petition <br />brought through the Council and adopted by the electorate. In both cases, the court would <br />probably agree the voter approval provisions are effective. <br /> <br /> Ms. Michelotti asked what the effect would be if the ballot question were in two parts: <br />would you approve an urban growth boundary or housing cap and would you like to vote on <br />changes in the future. <br /> <br /> Mr. Weinberger indicated Council has adopted the housing cap and the urban growth <br />boundary and those issues are part of the General Plan. The action of the voters in reaffirming <br />is simply an extra validation of the Council action. <br /> <br /> Mr. Roush felt the reaffirmation portion could be taken out of the ballot question or <br />simply asked as an advisory measure, since it is already part of the General Plan. Mr. <br />Weinberger's recommendation is that it is a safer approach to combine the question rather than <br />separate them. <br /> <br /> Mr. Tarver said there could be a situation where there is a General Plan with a 29,000 <br />unit buildout and the voters don't want that number. They are also asking to change it. Council <br />then has to decide how to deal with the vote. <br /> <br /> Ms. Michelotti asked if you can go to the people and ask if they want to vote on an item <br />in the future. Is that a legislative action? <br /> <br />08/07/96 <br /> 4 <br /> <br /> <br />
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