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Commissioner Lindsey asked why the streets were made private in the <br />first place. Mr. Harris explained it was to minimize the cost to <br />the City with regard to maintenance but that the applicant wishes <br />this changed so that a benefit district could be formed and the <br />applicant could recoup some of the costs. Mr. Swift, Assistant <br />City Attorney, stated that maintenance districts were eliminated <br />as a result of Proposition No. 13. Mr. Warnick stated that he would <br />suppose the property owners' association could voluntarily contract <br />with the City to take on the responsibility of the streets with funds <br />set up. <br />Commissioner Doherty stated that private streets are usually found <br />in residential subdivisions where streets are substandard. Mr. Swift <br />stated that they are both ways in the City of Pleasanton. <br />Mr. Davies stated he doesn't object to the suggestion of a contract <br />but it is unfair of the Planning Commission to insist that this pro- <br />ject have private streets while others have public streets. <br />Ken Clemens, Earth Systems, 1775 Granger Avenue, Los Altos, spoke <br />in support of the applicant's request for a change to the approved <br />planned unit development. <br />Commissioner Jamieson asked the last time that borings were made <br />on the site and were they done prior to Clemens coming on the project. <br />Mr. Clemens stated there have been no borings since he has come on <br />the job. Commissioner Jamieson asked that absent the borings, was <br />Clemens comfortable with the stability of the soil. Mr. Clemens <br />stated yes he is and that in fact the soil is better than anticipated. <br />Commissioner Jamieson asked the types of testing done by Mr. Clemens. <br />Mr. Clemens explained the compaction tests done stating that they <br />have gone 10-15 ft. below grade. <br />Peter Ruggeri, Civil Engineer, Bissell & Karn, Milpitas, spoke in <br />support of the change requested. He stated that their firm has <br />worked on Harbour Bay Isle in Alameda which has a similar soil <br />situation and it has worked out well. <br />Lars Jotten, 1265 Kolln Street, stated he has previously represented <br />the homeowners on Kolln Street. He stated he concurs with the state- <br />ments made of the Planning Commissioners and urged the request be <br />denied. He stated the proponents do not go along with the conditions <br />set forth as it is, i.e., hours of construction. He said they are <br />supposed to work Monday through Friday, 7:00 a.m.-5:00 p.m. He said <br />the only reason he hasn't complained is because he wants them to <br />hurry up and finish. He said the area is used for hot rodding and <br />he said he doesn't feel it needs to have public streets on it. He <br />then said the big Caterpillars were working early Sunday morning. <br />The public hearing was closed. <br />-10- <br /> <br />