CCMIN080780 - Laserfiche WebLink

Councilmember Butler suggested that discussion and public input be taken tonight and asked the City Attorney to comment on the "advisory/mandatory" situation con- cerning this issue. The City Attorney responded that typically General Plan guide- lines are considered advisory except for Housing Element guidelines drafted by HCD who considers them as mandatory. Mr. Levine advised that "Fair Share" has upset many cities with regard to the percentage of low and moderate housing they are supposed to be providing for in the General Plan and that it is virtually impos- sible for Pleasanton to meet established "Fair Share" guidelines. He stated the League of California Cities considers the Housing Element guidelines to be advisory and that he agrees with this. The issue is being fought out now in the case of Bownds v. Glendale, in which the City has joined Amicus brief supporting the con- tention that the Housing Element is "advisory" and not "mandatory". He stated this matter is being appealed to the courts now. Mayor Mercer expressed concern regarding preparation of an element which may not be acceptable to the State of California. He asked what would happen if an element is not adopted. The City Attorney stated there are a couple of potential problems; namely, funding by HC&D and other agencies may be withheld, or a suit similar to Gtendale's could be filed wherein our Housing Element could be challanged as incom- plete, and subdivisions could not be approved. Councilmember Butler stated that no matter how you view the Housing Element it is clear that tentative map approvals, etc., could be held up without one. The City Attorney stated it is hard to believe a judge would stop development for lack of a Housing Element without a substantial bond being provided by the plaintiff. Mayor Mercer stated it would be needless to go over the plan and then have it changed because of deficiencies as defined by the State. Councilmember Kephart' stated the matter definitely needs public input and he wanted to make sure that on this very important issue that public input is taken into account. He further stated he tends to agree with the League of California Cities and is sure the State has had other communities with the same complaint concerning "Fair Share". Mayor Mercer suggested that testimony be taken now from anyone in the audience who may not be able to comment at future public hearings. Councilmember Wood stated that if the plan were changed, more public hearings would have to take place. Mr. Harris stated any public testimony would be helpful in directing the staff to prepare the report. It was moved by Councilmember Butler, and seconded by Councilmember Mohr, that action be deferred on the Housing Element at least until input from the State was received. The roll call vote was as follows: AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer NOES: None ABSbNT: None Mayor Mercer declared the public hearing open. Frank C. Brandes, Jr., 6889 Corte Sonada, stated he felt the City should have some type of Housing Element that the people would support and if what the people desire coincides ~Tith the State Requirements fine, but if not the elected officials of this community should represent their desires - whatever they may be. He 2, 8/7/80