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CCMIN060413
City of Pleasanton
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CCMIN060413
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CITY CLERK
CITY CLERK - TYPE
MINUTES
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6/4/2013
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public. Adopting Ordinance No. 2066 would ignore and actively undermine the rights granted to the <br /> citizens under the California Constitution. <br /> Allen Roberts said that in focusing this process on the future of Lund Ranch II, the City has ignored the <br /> wishes expressed by the voters in Measure PP. The public record is clear in that the direction of both <br /> the Council and Planning Commission changed course to accommodate the road for this development <br /> and carving a hole in PP to accomplish this is certainly not what the voters intended. Any road on that <br /> hillside however, would almost certainly require a retaining wall and therefore be prohibited by PP. In <br /> addition, the proposed definition of "slope" is not workable, the definition of "ridge" does not account for <br /> the definition in place when the vote for PP was cast, and state law contradicts the proposed position <br /> that a road is not a structure. He recommended that the Council direct staff to redraft the ordinance with <br /> definitions that acknowledge, rather than narrow, what was in place at the time PP was passed. <br /> Lee Fulton said Measure PP was largely intended to protect the ridgelines in the Oak Grove <br /> development, yet the proposed ordinance would preclude those very ridges from being considered <br /> ridges. He asked the Council to acknowledge the intent of the voters and reconsider its rewriting of <br /> Measure PP. <br /> Greg O'Connor, Planning Commission, reminded the Council that at one time all 5 members agreed <br /> that a road was a structure, as did staff and the Planning Commission on 3 separate occasions. He <br /> said the intent of PP is clear and that the existing definition of "ridges" honors that intent. He asked the <br /> Council to either vote "no" on the second reading or amend its position to consider a road a structure. <br /> The meeting adjourned to closed session at 6:10 p.m. for the following purpose: <br /> (a) Conference with Labor Negotiator pursuant to Government Code §54957.6: <br /> Agency designated representative: Nelson Fialho <br /> Unrepresented Employees: Unrepresented Management Employees, except City Manager and <br /> City Attorney <br /> (b) Conference with Legal Counsel — Anticipated Litigation, pursuant to Government Code <br /> §54956.9 (d)(2): Two potential cases <br /> The special meeting reconvened in open session at 7:07 and was recessed to the regular meeting. <br /> REGULAR MEETING <br /> Mayor Thorne called the regular meeting to order at the hour of 7:07 p.m. Councilmember Brown led <br /> the Pledge of Allegiance and provided introductory remarks. <br /> ROLL CALL <br /> Present: Councilmembers Brown, Cook-Kallio, Narum, Pentin, Mayor Thorne <br /> Absent: None <br /> CLOSED SESSION REPORT <br /> City Attorney Lowell reported that Council met in closed session with its legal counsel to discuss two <br /> cases of anticipated litigation, pursuant to Government Code §54956.9 (d)(2) and that no action <br /> reportable action was taken. Concerning the second item, labor negotiations, Council will did not get to <br /> this item and will reconvene in closed session at the conclusion of the regular meeting. <br /> City Council Minutes Page 2 of 16 June 4, 2013 <br /> • <br />
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