PC 010913 - Laserfiche WebLink

Commissioner O'Connor requested verification that the previous safety zone did not cross El Charro Road. Ms. Stern said that was correct. Commissioner O'Connor stated that he thought Ms. Stern had mentioned that the safety zone was the same. Ms. Stern clarified that that the safety zones have really been changed. Referring to the statement that construction projects over 200 feet would need to be referred, Commissioner O'Connor stated that he thought the Plan said 60 feet. Ms. Stern clarified that 60 feet is the lowest structure that needs to be referred. In connection with the Public Utilities Code's provision that a city can make findings and overrule the ALUCP with a 2/3 vote by the City Council, Commissioner O'Connor inquired what effect it would have on the City of Livermore should the City of Pleasanton opt to overrule. Ms. Stern replied that she did not know that it would affect Livermore. She deferred to Julie Harryman to address that in terms of the potential risks as Pleasanton is basically saying that it does not need the protections included in that Plan. She added that one thing the law does make clear in terms of the impact on Livermore is that it specifically says that the Airport Land Use Commission (ALUC) is immune from any lawsuit related to Pleasanton's option to overrule, but she does not know what impact it would have on Pleasanton. Ms. Harryman stated that Pleasanton's option to overrule does not shift liability; it takes liability off of ALUC. She explained that if ALUC adopts the document and the Pleasanton City Council overrules it, then ALUC has this shield against any liability. She added that it does not say that the City of Pleasanton would be any more liable to shift liability; there is just language in the statute that says the ALUC is not liable if the plan is overruled. Chair Blank inquired if the entire plan has to be overruled or can the City of Pleasanton decide if it wants something more or less restrictive in a section. Ms. Harryman replied that the overrule could be partial, but it would technically still be an overrule. Chair Blank stated that what he is trying to understand is, should Pleasanton think that what is on a certain page is not in the best interest of Pleasanton but everything else is fine, if Pleasanton can change only what is on that page. PLANNING COMMISSION MINUTES, January 9, 2013 Page 7 of 20