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ROLL CALL VOTE: <br /> AYES: Commissioners Balch and Nagler <br /> NOES: Commissioners Allen and Piper <br /> ABSTAIN: None <br /> RECUSED: None <br /> ABSENT:Commissioner Ritter <br /> The vote on the motion is a tie at 2-2. <br /> Commissioner Nagler asked Chair Allen if changing Option 3 versus Scenario 3 would <br /> make a difference for her vote. <br /> Chair Allen said no. <br /> Mr. Dolan asked the Commissioners if they can have a clean record and take a position <br /> or if that motion implied a position on the other items. <br /> Chair Allen asked Mr. Dolan if he wanted the Commission to take a position on those <br /> issues so the Commission will not need to come back to them. <br /> Mr. Dolan replied that he heard the Commissioners were united on those issues and so <br /> ultimately and more important is that it does not appear that the Commission is going to <br /> get a motion passed tonight. He noted that the vote is 2-2, and it is not going to be <br /> resolved until the Commission has a fifth member. He added that if any of the <br /> Commissioners can think of a motion that he/she thinks would pass, he/she should go <br /> ahead and try it, but it does not seem like from where you are now, you are going to get <br /> there. <br /> Commissioner Nagler stated that he thinks the Commission should try to discuss it <br /> before just throwing in the towel. He addressed Chair Allen that he hears it is the <br /> retaining wall being a structure, the difficulty getting up and over the hill. <br /> Chair Allen said yes; that is the main one. <br /> Commissioner Nagler addressed Commissioner Piper, stating that from what he has <br /> heard from her, it is more the interpretation that a road is a structure no matter the size <br /> of the road per se, and that because Measure PP trumps, she cannot get to the finding <br /> either. <br /> Commissioner Piper said yes. She noted, however, that the other Commissioners <br /> talked about how one cannot really see this road and that maybe that was not really the <br /> interpretation. She indicated that makes sense to her but she thinks that it is something <br /> that is engineered, and if a road is paved, it is engineered to some degree. <br /> Commissioner Balch clarified that the only reason why a road cannot be a structure is if <br /> it is not built. He asked if a dirt road is a structure, and the answer is no, but a freeway <br /> is. <br /> EXCERPT: PLANNING COMMISSION MEETING MINUTES, June 24, 2015 Page 41 of 45 <br />