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City of Pleasanton
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CITY CLERK
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2018
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/18/2018
DESTRUCT DATE
15Y
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outdoors. He added the facility is 50 yards from Hopyard Road, it will never be quiet, and the City <br /> is being over restrictive. <br /> Joe Streng stated with new religious organization designations, he believed it is appropriate to <br /> revise the regulations noting they seem to be overly restrictive for the Chabad. He reported it is <br /> not unreasonable for the Chabad to expect to be treated like other religious organizations in the <br /> City and commended the work done to reach a compromise. <br /> Marilou West reported for eight years Rabbi Resnick held the Chabad at his home and, although <br /> she is pleased the two parties were able to reach a compromise, for eight years she and her <br /> neighbors were ignored and terrorized with parking problems and noise. She opined the events <br /> will be much larger than originally proposed and referenced a letter from her neighbors listing their <br /> concerns. <br /> Greg Goldman reported he is Russian and Jewish and that his parents were never able to <br /> perform a Bar Mitzvah for him, but thanks to Chabad, he was able to perform one for his son. He <br /> did not believe the City should impose restrictions on events, especially during the day. <br /> Neal Neuman, Director of Security for Chabad Tri-Valley, commented on his experience in <br /> security and security training and noted there has been a lot of good coming out of the <br /> contentious process. He commented on the building of trust and commended the Chabad and the <br /> Millers for reaching a compromise. He hoped Council will approve the project, so they can get to <br /> work. <br /> James Schwartz, Attorney for the Chabad Tri-Valley, reported he is not a member of the Chabad, <br /> but he is a member of the community and believes in what they are trying to do. He commented <br /> positively on the parties reaching a compromise and addressed the protection of land use as a <br /> religious exercise, noting it was enacted into law so that communities could not shut out religious <br /> organizations in their neighborhoods. He questioned the City's rationale for restricting the number <br /> of people in an area to 24 especially if that area is over 150 feet from adjacent neighbors. This is <br /> a condition the Chabad is not willing to accept and puts a substantial burden on its religious rights. <br /> He expressed the same concerns regarding limiting the number of the indoor congregation to 120 <br /> people and listed lawsuits which the Chabad was successful in winning. He opined the City must <br /> look at this matter as a religious use, not as a land use. <br /> Mr. Miller commented on the compromises they have reached with Chabad and encouraged <br /> Council to look at the agreement and approve everything Council thinks is reasonable and fair. He <br /> stated the only issues in which they differ are related to the 120 people on the terrace and the 24 <br /> people in the patio area and suggested that while the door is open for expanding the use of those <br /> areas, let the operation get into full swing and reevaluate the matter after there has been some <br /> experience and move slowly, with caution. <br /> Mrs. Miller said the Chinese Church referenced is in a commercial area, noted ordinances are <br /> less restrictive than in a residential area and is not relevant. She reported giving huge <br /> concessions to Rabbi Resnick in the negotiations, specifically in regard to the use of the back <br /> yard. She noted she has a petition of 25 neighbors all of whom stated they do not want any use <br /> around the area. She added they did not ask their attorney to the meeting tonight because they <br /> thought they had reached a compromise. She asked the City Council to maintain the 15 annual <br /> events, the 24 people on the patio area, the 120 people per event and the additional sound- <br /> barrier fencing. <br /> Mayor Thorne reported receiving documents today at 4:30 p.m. and asked staff if they have <br /> enough information, at this point, to advise the City Council on this matter. <br /> City Council Minutes Page 6 of 10 August 21, 2018 <br />
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