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Mayor Thorne agreed that there should be another road constructed to access the property as he has had concerns in the past about the communities has one road in and out. Mayor Thorne would like to see no more than 10 to 12 homes using Lund Ranch Road. He also believes that the Council should respect the decisions made by the previous Council's and although the total of homes being decided upon is not quite the number the community would like to have, it is however, a smaller number than the 50 homes previously discussed. Motion: It was m/s by Narum/Thorne to approve Option 3 with 10 to 12 homes using Lund Ranch Road. Councilmember Brown stated that she is the only member in the council that fought for Measure PP and was actually one of the residents collecting signatures because of how she feels about preserving Pleasanton's hills and ridgelines. Councilmember Brown believes that carving out tops of hillsides and side slopes at 25 percent or greater violates Measure PP. Councilmember Brown commented on the amount of dirt that will be placed on the side of a 25 percent slope hill if a road is constructed. She believes that carving approximately 800 truckload of dirt off the side of the hill is not protecting the hill along with the development would require a culvert bridge of almost solid concrete within a 100 feet of a ridge, which also violates Measure PP. Councilmember Olson believes that this project is a visual issue. He questioned how is it possible to put a road on a hillside, when a house cannot be built on a hillside? He said he found three areas in the Municipal Code that made him think that a road is a structure. Therefore, he will not support running 35 of the homes through Sunset Creek, thus why he suggested using the HOA land as access to the properties in order not to have issues with Measure PP. The motion filed by the following vote: Ayes: Councilmembers Narum, Mayor Thorne Noes: Councilmembers Brown, Olson Absent: Councilmember Pentin As there was no action taken regarding the access road, Councilmember Brown asked the group if they would consider reducing the number of houses as there is a route through the HOA property that can be used, however, the amount of homes has to be a smaller number, such as a 15, 15 split access road. This option maybe is acceptable by the HOA and it would not violate Measure PP, thereby having a potential lawsuit. Mr. Thorne asked the developer if there will still be a project with 15 and 15. The applicant's attorney, Christian Cebrian stated that generally, a city cannot condition outside approval unless it is willing to condemn that property because negotiation cannot be done without fair market value. He does not see the motivation for the HOA to negotiate with them. Counsel also stated that they do have property rights to Lund Ranch Road and have the right to access road on Lund Ranch Road. If that right is taken away, that will provide other access. In this situation, the other access would include the road to Sunset Creek, which is an estimated $3 million dollar project. At moment, the applicant is not willing to accept the approval to negotiate with the HOA for 30 units. Councilmember Brown asked if one can have an easement across HOA property and not a purchase, to which Counsel stated that one can buy different types of properties as long as it's in fair market value for that property. The bottom line is that the City cannot condition outside approvals. City Attorney Lowell stated that applicant's counsel is correct when he stated that the city cannot force the applicant to try to acquire the property unless the council is going to agree to condemn it. Mr. Lowell feels that there will be some difficulty in doing that, as there are alternative routes City Council Minutes Page 12 of 14 November 17,2015