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feeling of it because they looked at it with a critical eye, it is really troubling and not an issue they can fix. Commissioner Olson went back to Mr. Dolan's question and asked the Commissioners if they think there should be an exception process. Chair Blank replied that based on Commissioner Narum's proposal, if the Commission can do this without an exception process, he thinks it is cleaner because the language in Measure PP is really, really clear. He added that while he certainly respects the judgment of legal counsel, that interpreting any of the language here is absolutely within its purview and absolutely the right thing to do, that creating a process that does not exist may be technically legal and there may be a court case that says cities do that all the time, he does not like the exception process and feels a little uneasy about it. Commissioner Narum agreed with Mr. Dolan that she can make a good argument that a road or a street is a structure and just as good an argument that it is not. She continued that if the Commission wants not have to deal with exceptions, she would probably tend to say that roads and streets are not structures and, therefore, there is no question about whether or not an exception is necessary to get an exemption. She noted that she thinks it fits the right criteria which she believes is actually pretty clear. Chair Blank noted that Commissioner Narum brought up a point earlier that even if something is exempt from Measure PP, it is still going to come to this Commission and to the Council. Commissioner Narum agreed, noting that if the City is going to build a water tank or a park or spend money for something somewhere in the public, it would still be subject to the public review process. Commissioner O'Connor commented that he thought the controversy was over manmade versus non - manmade slopes. He stated that he thinks the streets were clear and that legal counsel made a good argument as to why a street is a structure. He added that everything in the General Plan says so. He noted that he did not think that was so controversial because this is about streets and roads for residential and commercial development, not for City use to get to a tower, which does not need an exception because it does not pertain to those. Chair Blank asked the Commissioners if the language in Item 3 as it is written on page 4 of the staff report but without the phrase "Specific Plan ": "...are covered by Measure PP unless the street or road is covered by a PUD Development Plan approved prior to November 2008. "is acceptable to them. Commissioner Pearce stated that she was comfortable with that. Commissioner O'Connor agreed. He added that the Commission does not have to clarify anything regarding the City wanting to build anything or to go to a park or to a trail PLANNING COMMISSION MINUTES, January 23, 2013 Page 27 of 44