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Ms. Acosta said staff is following the direction Council gave them. <br /> <br /> Ms. Dennis requested information on 1) the monitoring program for Ruby Hill; 2) the <br />status of Mr. Wagner's compliance with the zoning ordinance; and 3) whether there is a legal <br />issue with the Merritt referendum. <br /> <br /> Mr. Roush indicated a letter has been sent to the Land Trust outlining a proposal by <br />which the Trust will provide monitoring services. He also indicated that staff is working on Mr. <br />Wagner's failure to comply with the zoning ordinance. He explained why the prezoning of the <br />property, if the referendum passes, may be inconsistent with the General Plan, based on an <br />existing case law. In that case a city prezoned the property to a study district, but then the zoning <br />was changed to low-density residential. Enough signatures were gathered for a referendum, but <br />the City refused to put it on the ballot based on the grounds that if the referendum were <br />successful, it would return the property to a study district, which would be inconsistent with the <br />General Plan. He said the City's situation here is different because the Merritt property was not <br />prezoned. There is an argument, however, that if the referendum is successful there will be no <br />prezoning designation on the property and a developer might argue that the referendum is invalid <br />because no designation is also inconsistent with the General Plan. <br /> <br /> Ms. Michelotti said it was discussed at the workshop to have staff do an analysis of the <br />Pleasanton Public Planning Initiative. <br /> <br /> Mr. Pico felt it was premature to discuss the initiative until after the initiative qualifies for <br />the ballot. <br /> <br /> Ms. Michelotti said the City of Livermore had 200 questions that came from its Council. <br /> Mr. Pico felt what the City of Livermore did was inappropriate. <br /> <br /> Mayor Tarver agreed with Mr. Pico. He felt it would be considered meddling in the <br />process to discuss the initiative before it qualified. <br /> <br /> It was moved by Ms. Miehelotti, seconded by Ms. Dennis, for staff to place on the <br />agenda whether staff should prepare an analysis at this time concerning the Pleasanton <br />Public Planning Initiative. <br />The roll call vote was as follows: <br />AYES: Councilmembers Ayala, Dennis, and Michelotti. <br />NOES: Councilmember Pico and Mayor Tarver. <br />ABSENT: None. <br />ABSTAIN: None. <br /> <br />Pleasanton City Council 26 04/6/99 <br />Minutes <br /> <br /> <br />