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On June 6, the Pleasanton City Council in a 3-2 vote endorsed a draft proposition put forth by “Our Neighborhood Voices”, even though it was a marked draft, not in final form, and has not been vetted or reviewed by the Attorney General. This is problematic on several fronts.
The proposition, as written, would allow a city council to pass any land use or zoning ordinance in conflict with state law if they deemed the state law not in the best interest of the community. The city ordinance would prevail. If passed, this proposition would become a constitutional amendment.
Let that sit a minute. This proposition would allow a city to nullify a state law.
California proposition procedures do not test the legality of any proposition until it is passed by the voters and then it heads to the courts, costing Californians’ millions.
This is contrary to our system of government. Federalism allows some autonomy but is clear on the hierarchy of power. Cities are part of the state and are subject to state jurisdiction.
Pleasanton should have already learned this difficult lesson once. During my first four years on the city council, we languished in litigation over our voter-approved hard housing cap and Regional Housing Needs Assessment numbers.
Pleasanton lost and it cost us millions of dollars and local control over development. Furthermore, it was found to be discriminatory.
RHNA is a process attempting to balance between the number of jobs in a community and the housing necessary to accommodate those jobs. In general, Pleasanton’s RHNA is high because for years we have significantly more jobs than housing. Many communities face this dilemma. However, Pleasanton has always been excessively out of compliance. The city’s job is to zone for these housing units, not to build them.
Leadership is important, and we are lacking it in our current council majority. They all have sworn to uphold the national and the state constitution. To endorse this proposition because “we should let the voters decide” as Councilmember Valerie Arkin stated, allows voters to think the council tried to protect local control when in fact they are signing on to what could be very costly litigation, have significant unintended consequences, and is ultimately unconstitutional.
To portray this movement as “grassroots”, as Councilmember Julie Testa suggested, ignores the content on the advocates’ webpage and those who have already endorsed this proposal. It is a list of some of the most affluent communities in the state who want the economic vitality brought by business but don’t want to wrestle with how to house the people who work for those businesses.
It is a case of wanting the benefits of the fourth-largest economy in the world but not dealing with the accompanying issues. Vice Mayor Jack Balch rightly outlined many of the risks with the proposition and the very real likelihood of unintended consequences it may have.
We are not an island. Our community is intricately tied to our neighbors and our state. When trying to balance our various needs, we should be looking at how we can address these concerns as a city and a region rather than trying to find a way to exempt ourselves from our obligations as a thriving, contributing community.
Editor’s note: Cheryl Cook-Kallio is a former member of the Pleasanton City Council (2006-14) and a retired public school teacher. She is currently serving her first term as the Tri-Valley’s representative on the Alameda County Board of Education.
Editor’s note: Cheryl Cook-Kallio is a former member of the Pleasanton City Council (2006-14) and a retired public school teacher. She is currently serving her first term as the Tri-Valley’s representative on the Alameda County Board of Education.
Editor’s note: Cheryl Cook-Kallio is a former member of the Pleasanton City Council (2006-14) and a retired public school teacher. She is currently serving her first term as the Tri-Valley’s representative on the Alameda County Board of Education.
Editor’s note: Cheryl Cook-Kallio is a former member of the Pleasanton City Council (2006-14) and a retired public school teacher. She is currently serving her first term as the Tri-Valley’s representative on the Alameda County Board of Education.
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