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Mr. Roush said the intent of the legislation was to put teeth in the ABAG <br />recommendations. That legislation was not adopted, however if it had been, it could have <br />exposed the City to sanctions. <br /> <br /> Ms. Dennis indicated she had visited the ABAG website and it indicates local legislation <br />does not have precedence over state requirements for housing. She realized there is a long <br />appeal process, but felt unless there are public health and safety reasons, there is no way to avoid <br />complying with the ABAG requirements. <br /> <br /> Mr. Roush said the question is what happens when the State does not certify a housing <br />element. Many cities in the state will mn into this difficulty given the scarcity of inexpensive <br />land. <br /> <br />Ms. Dennis felt most cities have certified housing elements. <br /> <br />Mr. Roush said staffpresumes Pleasanton's will be certified as well. <br /> <br /> Ms. Roberts pointed out HCD issues an opinion about the legality of certification. It does <br />not make a legal statement. <br /> <br /> Mr. Roush said that ifHCD certifies the Housing Element, then if it is challenged in <br />court, the Housing Element is presumed to be valid. <br /> <br /> Mayor Pico said there is a lot of discussion at the Council level about the state mandate <br />for housing. He believed it is an unfunded mandate and there is also law that says the State <br />cannot do that. He felt it would take substantial public support, waiver of fees, donations of <br />land, etc. and that local communities may not be able to do that. He asked how those two <br />elements of state law relate and does one take precedence over the other? <br /> <br /> Mr. Roush stated there is a process to claim reimbursement for funds expended to meet <br />state mandates. Often the State denies the requests and claims these are merely pre-existing <br />programs. There are then legal procedures to follow to take the issue to court to get State <br />funding. <br /> <br /> Ms. Roberts asked what happens if the current recession continues to 2006 and the City <br />doesn't meet the housing unit goals? <br /> <br /> Mr. Roush said there are no sanctions as of now. If the Housing Element is certified by <br />HCD and the City does whatever it can in good faith to meet the goals and can show it has <br />reduced barriers to allow development of affordable housing, then he did not feel a court would <br />find against the City. <br /> <br /> Mr. Sullivan asked if there were a way to revisit the forecast of housing units based on <br />the economy? <br /> <br />Mr. Swift said ABAG has indicated it will not revisit its recommendations until 2006. <br /> <br />Pleasanton City Council <br />Joint Meeting Minutes <br /> <br />4 11/15/01 <br /> <br /> <br />