CITY COUNCIL
CLOSED SESSION SPECIAL MEETING
NOTICE AND AGENDA
Tuesday, September 17, 2024
4:45 p.m.
Revised
City Council Conference Room
200 Old Bernal
Pleasanton, CA 94566
Councilmember Nibert teleconference
location:
2160 McKinleyville Ave.
McKinleyville, CA 95519
NOTICE IS HEREBY GIVEN , pursuant to section 54956 of the California Government Code, that a special meeting of the City Council of the City of Pleasanton is hereby called.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT – Comments are limited to three minutes and to only those items listed on the agenda.
ADJOURN TO CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
pursuant to paragraph (1) of subdivision (d) of Section 54956.9:
Case: Vedula v. City of Pleasanton; Alameda County Superior Court No. 23CV043189
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2)(d) of Government Code Section 54956.9: One potential case: See November 27, 2023 letter from Thomas B. Mayhew and Charles J. Higley (attached)
ADJOURNMENT
Dated: 9/12/24
Notice
Under Government Code §54957.5, any writings/documents regarding an open session item on this agenda and items received by the City Clerk’s Office by 12:00 p.m. on the day of the meeting provided to a majority of the City Council after distribution of the agenda packet will be available for public inspection on the City’s website https://www.cityofpleasantonca.gov/ and also at the Pleasanton Library located at 400 Old Bernal Ave., Pleasanton, CA 94566.
Accessible Public Meetings
City Council Agenda Page 2 of 2 September 17, 2024
The City of Pleasanton can provide special assistance for persons with disabilities to participate in public meetings. To make a request for a disability-related modification or accommodation, please contact the City Clerk’s Office at 123 Main Street, Pleasanton, CA 94566 or (925) 931-5027 at the earliest possible time. If you need sign language assistance, please provide at least two working days’ notice prior to the meeting date.
THOMAS B. MAYHEW
CHARLES J. HIGLEY
November 27, 2023
Via Hand Delivery to City Clerk
City of Pleasanton
123 Main Street
P.O. Box 520
PleasantonCA 94566
Re: Sixty- Day Notice Regarding Housing Element Adopted September19, 2023 To the City of Pleasanton:
On behalf of the Housing Action Coalition (“HAC”), notice is hereby given and filed, pursuant to Government Code section 65009, concerning the September19, 2023 adoption of the Housing Element for 2023-2031.
HAC plans to bring an action to attack, review, set aside, void or annul the adoption of the Housing Element for 2023- 2031 and the findings and other determinations made in support of the adoption of the Housing Element, and to seeka writ of mandaterequiring the City to adopt a new Housing Element that complies with statelaw. The action will also seekdeclaratory relief that the Housing Element doesnot substantially comply with the law, and that the City is not entitled to usecertain sites to count towards its Regional Housing NeedsAllocation (“ RHNA”) for purposesof the No Net Loss statute. The action will also requestan award of costsand attorney’s fees.
This action will be based on the grounds that the Housing Element for 2023- 2031, as adoptedand revised on September19, 2023, violates Government Code sections65583 and 65583. 2. This includes, without limitation, that the site inventory lists sites with existing uses that createan obstacleto residential development. The City’s methodology did not take these impediments into account and did not engagein a proper consideration of other required statutory factors. With respectto sites claimed to accommodatethe lower income categoriesof the RHNA, the City Council’ s findings were not supported by substantial evidence that the existing usewas likely to discontinue during the planning period.1 In addition, the City failed to 1 To be clear, HAC is in favor of residential development at the challenged sites generally, including the BART parking lot parcelson Owens Drive in particular. The problem is that, November 27, 2023
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estimate or adjust the capacity of sites based on an evaluation of typical densities at similar levels of affordability, or to analyze existing leasesor other contracts that impede construction of housing. Without limiting the foregoing, the prior letters sent on behalf of HAC to the City, datedNovember 30, 2022, December11, 2022, January17, 2023, February 6, 2023, March 13, 2023, and June1, 2023 are also hereby incorporated by referenceasfurther describing the grounds.
Pleasecontact us if the City is willing to voluntarily correct theseissuesand adopt a compliant Housing Element.
Sincerely,
Thomas B. Mayhew
Charles J. Higley
36615\16504362.1
Cc: Dan Sodergren, City Attorney, [email protected] Larissa Seto, Assistant City Attorney, [email protected] Ellen Clark, Community Development Director; [email protected] Megan Campbell, Associate Planner; [email protected] Corey Smith; corey@housingactioncoalition. org
without substantial evidencethat the BART parking lot is likely to be redevelopedbefore January31, 2031, it should not have beenincluded assatisfying the RHNA for the lower income categories; Pleasantonwas insteadrequired to rezoneadditional sites to accommodateits RHNA for the lower income categories.