01 MINUTES REGULAR 07-15-08 - Laserfiche WebLink

because the City has not had that specific type of facility before. Even in the context of a true assisted living facility, the Council could look at and determine whether that facility had impacts on community services and infrastructure and make a determination as to whether some portion of those should count toward the housing cap. As a practical matter that would be done with or without this particular initiative. Councilmember Sullivan voiced concern with the outcome of the proposed ordinance. He believed it was asking the public to vote and tell us that they agree with the current policy for hillside protection in the general plan, and secondly, we are saying we plan to develop a plan to develop a hillside protection ordinance. Ms. Seto said the direction is to develop the hillside protection ordinance and hillside design guidelines, which would be completed by November 2009. City Attorney Roush said it does not commit a particular outcome with respect to the process. It does indicate that a process will be followed but there is no direction given in terms of what that outcome will look like. City Manager Fialho suggested Councilmember Sullivan refer to the staff report, which attempts to identify six broad objectives of the measure; 1) through a collaborative and public process identify critical ridges and scenic hillsides; 2) that we would focus on the southeast hills; 3) that we would definitely develop some sort of ordinance; 4) or hillside guideline to affect that; 5) that we would do it in a specific timeframe and further; 6) clarify the process for counting housing units. Councilmember Sullivan said as compared to the citizen's initiative which says, if you vote yes on this, these are the policies that will be in place when it becomes effective. City Manager Fialho said the outcome will be an ordinance and the implementation of that ordinance is up for discussion. Mayor Hosterman said rather than taking the language contained in the initiative just discussed, the Council should have the opportunity to create language that meets the goals and desires of all of the people involved on the first initiative, which will culminate with ordinance language that we can actually implement. Councilmember McGovern said she has shown her concern over the last two months that the housing cap has been challenged, and that the future of the urban growth boundary can also be challenged. When she worked on the Pleasanton Ridgeline initiative, she thought she was protecting all ridge lands and had no idea of what the name of the ridgeline was. She is concerned about having to do this over again. She stated based on what the City faces, she is concerned that whatever is done must protect all of the ridgelines in Pleasanton. She feels the citizen's initiative protects citizens; hopes that staff is forward-thinking and being assured that no matter if the housing cap or the urban growth boundary is overturned, the ridgelines are protected. City Manager Fialho said staff believes they have put forth a measure that reflects the Council's majority interest in preserving the southeast hills and are not looking at the bigger, longer picture. However, the ordinance that gets potentially developed could be more encompassing than what is reflected in the measure. Mayor Hosterman opened the item for public comment. Steve Brozosky said the Council initiative does two things; one is policy to re-affirm the general plan that is already in place and secondly, advisory, to put in place some real hillside protection and to define a housing unit. He said it is important to note that initiatives cannot legally direct a legislative body to act. So you cannot put anything in an initiative that tells a legislative body to City Council Minutes 9 July 15, 2008