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the additional actions for Commission consideration regarding the non-CEQA-based items. Commissioner Blank cited the traffic impact the project would have on the Dublin Boulevard/Dougherty Road intersection and inquired what the City of Pleasanton's responsibilities are towards impacts that occur outside its jurisdiction. Mr. Dolan replied that the City's only responsibility is to identify the impact and disclose it. Commissioner Blank further inquired if the City of Dublin could sue the City for impacting its intersection. Mr. Roush replied that in addition to disclosing the item, one of mitigations is to engage in a cooperative process with cities that this project's traffic may impact to see if some cooperative agreement can be reached by which Pleasanton would agree to contribute to solve the problems in those communities if they are agreeable to paying for and helping to solve some of the problems their traffic creates in our community. He stated that it is a kind of quid pro quo and that the mitigation requires Pleasanton to engage in that process with its regional partners without necessarily reaching an agreement. Mr. Roush added that the answer to whether Dublin could sue Pleasanton is that it is a possibility; however, the City tries to create mitigation in such a way that part of the onus would be on Dublin to engage in that process and if it did not do so or chose not to do so, its lawsuit would not have a lot of merit. Commissioner Blank requested confirmation that his understanding is correct that because Dublin did not believe the impact could be mitigated, it would engender a discussion about potential impacts in Pleasanton that Pleasanton believes Dublin might not be willing to mitigate. Mr. Roush replied that there is an overarching attempt to reach a cooperative agreement that would mitigate all the intersections in Dublin that might be impacted by this project's traffic. He noted that Pleasanton has identified certain mitigations with respect to Dublin Boulevard and Dougherty Road that Dublin could do to render the level of service acceptable; however, essentially it would mean the intersection in question would need to be made larger, and Dublin has concluded that it is not a feasible improvement for it to consider, which is what it has advised Pleasanton. Mr. Dolan stated that it is important to note that this impact is identified as a cumulative impact, which means that it will occur whether or not the project is done. Commissioner Blank requested clarification that the recommendation is to repave a portion of Stoneridge Drive with noise-attenuating pavement and to construct a soundwall and that ACSPA would contribute $500,000 for that effort. PLANNING COMMISSION MINUTES, May 26, 2010 Page 9 of 27