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Motion: It was m/s by Sullivan/Thorne to approve Concurrent City Council /Library Board of Trustees item and adopt Resolution No. 08-220 approving the Fiscal Year 2008-09 Mid-Term Operating Budget and Capital Improvement Program Update. Motion passed by the following vote: Ayes: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: None BREAK: Mayor Hosterman called for a short break, and thereafter reconvened the regular meeting. 17. Save Pleasanton's Hills 8~ Housing Cap Initiative Petition: a. Continued -Receive report analyzing the impacts and effects of the Initiative and consider implementation option b. Consider options and provide direction concerning the Initiative Petition City Attorney Roush said last month the City Council accepted the City Clerk's certification for the Save Pleasanton Hills and Housing Cap Initiative and directed staff to prepare a report under Election Code Section 9212 concerning the effects of the Initiative Measure. This report has been prepared and presented as Item 17a which has been continued. After the Council receives and discusses the report, the Council would move ahead to take action to either adopt the measure without change or order the election and direct staff to return with required documents to place the Initiative Measure on the 2008 Ballot. This would include the time for submitting arguments pro and con as well as the Ballot language itself. Alternatively, if the Council is not comfortable in taking action tonight without having discussed the report, it could also continue the item. Mayor Hosterman questioned whether the Council could move forward with Item 17b without hearing Item 17a. City Attorney Roush said the Council could move forward; the purpose of hearing the report is to help inform the Council in terms of whether it wishes to simply adopt the Initiative Measure or to have the matter on the Ballot for the election. The other matters contained as part of Item 17a was an adjunct that came out of the Council's discussion on May 20th where the Council asked that the matter be presented. Councilmember Sullivan said he thought the Council had to take action on the item within 30 days, and City Attorney Roush said the Elections Code indicates that upon receiving discussion of the report, the Council needs to either adopt the measure without change within 10 days or order an election. The ordering of the election does not have a timeframe attached to it and he did not believe there would be any particular harm that would result if the item were continued, other than the fact that the closer the City gets to the August 7th deadline, the less time it has to bring materials back to the Council for discussion and decision. City Manager Fialho said if the Council calls for the election tonight, it will provide staff with specific direction on July 15 to present the ballot question and also the schedule for arguments pro and con. Purely from an administrative perspective, staff prefers to receive direction tonight on Item 17b. Conversely, another meeting will need to be scheduled to hear the ballot information unless both are heard concurrently at a future date before July 15, 2008. Regular City Council/ Library Board of Trustees Minutes 10 June 17, 2008