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CCMIN082112
City of Pleasanton
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CCMIN082112
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CITY CLERK
CITY CLERK - TYPE
MINUTES
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8/21/2012
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CCMIN082112
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continued to operate throughout this period and that his numerous complaints received no response <br /> from the Police Department. He also requested a taxi stand at Stoneridge Mall. <br /> Robert Baker said he would like to hold his comments until after Mr. Pretzel had spoken. <br /> Vice-Mayor Thorne said he would allow it with agreement from Mr. Pretzel. Mr. Pretzel said "no" and <br /> Mr. Baker declined to comment under these circumstances. <br /> Carl Pretzel requested that the Council direct staff to carry out its instructions, which were that Mr. <br /> Baker's fence be reduced to 6 feet in height in order to maintain the same look and feel as the rest of <br /> the neighborhood. He referenced his letter dated July 19`" and said that every fact contained within still <br /> stands. He said staff alerted Mr. Baker to a loophole whereby he was able to increase the grade on his <br /> side of the fence in order to falsely achieve a fence height of 6 feet. He said he objected to Mr. Bocian <br /> when it first occurred and that despite Mr. Bocian's assurances, this is exactly what Mr. Baker has <br /> done. He said a portion of the fence is 86" high from his vantage point and that he would like the entire <br /> length of fence cut down to the original height of 6 feet that existed prior to its being rebuilt. <br /> Mr. Pretzel also accused the Planning Department of being complicit in the harassment and intimidation <br /> of him and his wife. He explained that on July 31st, one week after leaving town for an extended trip, he <br /> received an email stating that a temporary encroachment permit had been granted and that he was to <br /> move his car from in front of his side yard so that work could begin that Friday. The following day, there <br /> were saw horses erected around his car and his wife was unable to relocate them in order to move the <br /> car. The sawhorses were not City-owned and he asked why the City would allow a private firm's <br /> property to block the private property of another individual on a public road. This behavior is <br /> unacceptable and he would like it to end immediately. <br /> Vice-Mayor Thorne said he would raise it under Matters Initiated to see if there is reason or cause to <br /> agendize the item for a future meeting. <br /> Councilmember Sullivan said he has had several conversations with the City Attorney about this in the <br /> last month and he would first like to see if staff believes there is any ability to mediate these issues to <br /> some level of satisfaction before returning to the Council. <br /> Mr. Fialho offered to make a mediation program, provided through the Police Department, available to <br /> Mr. Pretzel and Mr. Baker. He cautioned that while mediation is frequently used for these kinds of <br /> disputes, it requires willing partners on both sides. He assured the Council that no member of staff is <br /> harassing Mr. Pretzel, that staff is interpreting the code as written and trying to be as amenable as <br /> possible in the conflict between these neighbors. He visited the site personally the day before and <br /> staff's view is that the fence has been reduced to 6 feet high based on Municipal Code standards. He <br /> explained that height is measured from the highest grade of the property adjacent to the fence, which is <br /> the Baker's property in this instance. While the fence might be a bit higher from Mr. Pretzel's vantage <br /> point, this is how the code has been applied throughout the community. <br /> Vice-Mayor Thorne deferred the matter regarding Mr. Pretzel's vehicle back to staff. <br /> Fred Volking shared his concerns regarding OneBayArea, which he believed erodes the local control of <br /> any participating City, and asked why Pleasanton has accepted the initiative. <br /> Mr. Fialho explained that the City has not accepted OneBayArea; the plan was developed by <br /> Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG), <br /> who represent the entire Bay Area including Pleasanton. Pleasanton has gone on record, as has the <br /> entire Tri-Valley, opposing OneBayArea for all the reasons that it feels are important such as limiting <br /> growth and minimizing traffic impacts in this community. All five Tri-Valley mayors jointly signed another <br /> letter opposing the effort. <br /> City Council Minutes Page 5 of 19 August 21, 2012 <br />
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