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The roll call vote was as follows: AYES: Councilmembers - Ayala, Dennis, Michelotti, Pico, and Mayor Tarver. NOES: None. ABSENT: None. ABSTAIN: None. 5. MEETING OPEN TO THE PUBLIC Mayor Tarver presented a plaque to Home Depot for the support and assistance that it gave to John and DeDee Steinberger during John' s recovery and transition after major surgery. Ms. Steinbergerthanked Home Depot for all its help. A manager from Home Depot thanked the Steinbergers for their recognition and indicated the store policy of giving back to its "family" and to the community. Other speakers Neil Nelson, 8088 Bethel Lane, said he requested certain information from the City. After reading this information, he had a concern. He then presented a series of slides. In the first slide, he referred to a letter sent out by the City stating the applicants chose not to adhere to the conditions of approval, yet moved forward with the construction of the house. While showing Slide 2, he said that the Conditions of Approval (May 23, 1996) shown on Slide 2 were draft conditions and condition #5 provides "Prior to occupancy of any portion of the home, the exterior elevations of the structure shall be fully completed to the satisfaction of the Planning Director and all life and safety issues shall be resolved to the satisfaction of the Chief Building Official." He asked, is this a standard clause that is in all conditions of approval? While showing Slide 3, he said that the final conditions of approval (July 12, 1996) as to condition #5 are different. It provides, "Prior to occupancy of any portion of the home, all life and safety issues shall be resolved to the satisfaction of the Chief Building Official and the exterior elevations shall be substantially completed to the satisfaction of the Planning Director. Prior to occupancy of the primary unit or one (1) year after occupancy of the secondary unit, whichever is sooner, the exterior elevations of the structure shall be fully completed to the satisfaction of the Planning Director." The City Council's resolution specifically states that the Nelsons cannot have occupancy of their home until the exterior stonework is complete. Why was the standard condition modified to include that he has one year to complete the exterior of the structure after temporary occupancy? He and his wife are financing the project themselves and they cannot complete the exterior of the home without having one year of occupancy. He applied a color that was not approved because the City said the color had to be darker. He wanted to know when the public hearing process would happen that would clarify the Council' s choice for a darker color. He said his conditions provide that minor changes to the plans Pleasanton City Council 4 03/02/99 Minutes