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she does not feel the road presents a safety problem. She believes Ruby Hill is seeking the <br />realignment in order to more quickly transport its residents into town. She doesn't feel every <br />taxpayer in town should pay for the convenience of the Ruby Hill residents. If Ruby Hill was <br />able to change its conditions of approval, she would like the Council to reconsider items such <br />as a school on site; a bike path should have been built in the arroyo because the bike path along <br />Vineyard has been rendered unusable because of the amount of traffic that is now on Vineyard; <br />reconsider the access to Route 84, because the back gate has not been built for this access; the <br />park fees should have been paid in full. If Ruby Hill can reopen the conditions of approval from <br />six years ago, then the taxpayers also have a right to have these other decisions reopened. <br /> <br /> Mary Roberts 1666 Vineyard Avenue, spoke on the "S" curve topic. She has no <br />economic interest in this project because she does not plan to develop her property. She feels <br />the "S" curve is an amenity Ruby Hill gave to Pleasanton. The pre-annexafion agreement is <br />clear that the "S" curve would be straightened and the straightening of the "S" curve is more <br />of a benefit to the Ruby Hill residents than to the Vineyard residents. She wanted the City to <br />hold Ruby Hill to its signed agreement. <br /> <br /> Brian McGuire, 233 Del Valle Court, also spoke on the "S" curve topic. This is the only <br />road that provides access from Ruby Hill to Pleasanton. To say that no one is going to use this <br />roadway to get to Pleasanton is ridiculous. To his knowledge, the "S" curve straightening was <br />to have been done three years ago. Mr. McGuire feels it is apparent that there will not be as <br />many units sharing in the cost as Ruby Hill first thought; this issue could have been raised <br />earlier. This project would not be done without the Ruby Hill project. It is disingenuous of <br />Signature Properties to want to change the conditions of approval and he hoped the City Council <br />will hold Signature to its agreement. <br /> <br /> Council adjourned to a dosed session at 10:50 p.m. to confer with Legal Counsel <br />regarding potential litigation concerning Signature Properties and its Roadway Improvement <br />Agreement concerning Vineyard Avenue Realignment, the Management and Confidential <br />Employee Performance and Compensation Plan, potential litigation on the County certification <br />of the EIR and development plan approval for the San Francisco property; and the protest on <br />the Aquatic Center bid proposal award. <br /> <br /> The Council reconvened in open session concerning the bid protest of Midstate <br />Construction. Councilmember Dennis had returned and participated in the closed session <br />discussion. <br /> <br /> Mr. Pico made a motion, seconded by Ms. Mohr, to adopt Resolution No. 96-95, <br />upholding the protest of Midstate Construction and awarding the contract for the Pleasanton <br />Aquatic Center to Midstate Construction subject to two conditions: (1) confirmation by City <br />staff that the bid of Midstate Construction is responsive and (2) confirmation that Ralph Larsen <br />& Sons, Inc. was not in possession of a State of California Landscape Construction License as <br />set forth expressly in the Specifications for the project; and providing further that if either <br />condition (1) or (2) cannot be confirmed that the matter be placed on the Council agenda for <br />further action as soon as possible. <br /> <br />08/20/96 -20- <br /> <br /> <br />