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CCMIN040213
City of Pleasanton
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CCMIN040213
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CITY CLERK
CITY CLERK - TYPE
MINUTES
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4/2/2013
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Councilmember Brown asked what the implications would be if the Council opted not to define roads or <br /> streets in the ordinance. <br /> Mr. Dolan said it would have to be addressed on a case by case basis as a project comes forward. <br /> Vice-Mayor Cook-Kallio asked and Mr. Dolan confirmed that if the Council determined roads were not <br /> structures, it would still retain the ability to prohibit a road it felt was inappropriate for a particular <br /> development, within practical parameters. <br /> Mayor Thorne opened the public hearing. <br /> John Bauer said he lives on Junipero Street in the Ventana Hills community. He expressed safety and <br /> traffic concerns if this street were to help provide a connection to the Lund Ranch II and future Foley <br /> property developments and felt the sparser development along Sycamore Creek Way was a more <br /> suitable alternative. <br /> James Frost said that Webster's and other common reference materials state pretty clearly that a <br /> structure is anything that is constructed or built, which includes roads. In reading the literature regarding <br /> Measure PP, he presumed that anything constructed or built would be prohibited in the areas described <br /> in PP because it would qualify as a structure in the way that most ordinary people would define it. He <br /> said that if he had not known what constituted a structure, he certainly would not have consulted the <br /> Municipal Code and questioned the Council's ability to stray from definitions commonly used and <br /> accepted by the general public. <br /> Kay Ayala asked and received confirmation that anyone speaking tonight would have an opportunity to <br /> speak again at the next hearing, provided they were sharing new information or thoughts. She identified <br /> herself as a signer of the Measure PP initiative and assured the Council that its intent was to protect the <br /> ridges from housing and commercial structures, not roads. She said the initiative did not mention roads <br /> nor could she recall them even being considered. She referred to a letter submitted to the Council from <br /> the Spoforno's legal counsel and echoed its support for a ridgeline inventory and identification of the <br /> affected properties within the ordinance. <br /> Rachel McElhinny said that when voting for PP she entrusted the Council to honor the commitments <br /> made by former Council's with respect to the Ventana Hills Steering Committee. She disagreed with Mr. <br /> Frost's common sense definition of a road and said she did not think of a road as a structure in the <br /> common use of the English language. <br /> Phyllis Lee provided a brief slide presentation depicting an illustration of the end of her road (Sycamore <br /> Creek Way) in 2002, at which point there was no sign indicating the road's future extension. She said <br /> her CC&Rs did not adequately disclose the potential for expansion and in fact only included a <br /> misleading map indicating expansion of what was referred to as the East West Collector Road. She <br /> said the nature of this public hearing was also not adequately disclosed as she and her neighbors <br /> received only received notice the Thursday before. She referred to the Kaplan Book on California Real <br /> Estate Principles, which defines a street or road as any artificial monument. She said a monument is <br /> defined to include structure erected by man, which clearly encompasses streets and roads and was <br /> part of the context under which she voted for PP. <br /> Amy Lofland said she has served as an active participant of the Ventana Hills Steering Committee, <br /> Save Pleasanton Hills, and the Housing Cap Initiative. She stated that Measure PP speaks only to <br /> residential or commercial structures and that the authors would have identified roads if that were their <br /> intent. She said is important to know that traffic from any Lund Ranch II development was always <br /> intended to reach Sunol Boulevard through the East West Collector Road also known as Sycamore <br /> Creek Way. That road was designed and built to accommodate the anticipated need and each <br /> homeowner in Bridle Creek and Sycamore Heights signed off on that connection prior to purchasing <br /> City Council Minutes Page 5 of 11 April 2, 2013 <br />
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