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It is Irvine's view, which most cities share, that SCAG's position flies in the face of traditional notions of the separation of powers and the right to judicial review. Checks and balances are a foundation of our democracy. Cities are charged with the responsibility to carry out its governmental activities in accordance with applicable laws and regulations, and to be held accountable in the courts if they fait to do so. While SCAG asserted to the League's Board of Directors that a reduction in Irvine's allocation under the RHNA will result in a reallocation of residential units to other jurisdictions within SCAG, no case law supports this position. Irvine was keenly aware of this concern and specifically did not seek a reallocation of units to other jurisdictions. The sole issue before the Court of Appeal is whether cities have a right to seek redress from the state courts if a council of governments (such as ABAG that establishes the RHNA for Pleasanton) violates the RHNA process. An unfavorable decision will impact negatively cities' abilities to exercise local control over their general plans and their housing elements. Pleasanton should join this effort in order to presence the right of cities to have judicial review over this important aspect of local planning. Submitted by: ~{ ~~ /~ Michael Roush City Attorney Approved y: Nelson Fialho City Manager Page 3 of 3