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Mr. Scheidig stated that with regard to the Datwyler property the City <br /> Council does not have a statutory time period within which it must act. How- <br /> ever, if Mr, Datwyler requests the City Council to proceed to consider this <br /> item, it will be necessary for Mr. Datwyler to place on the record his under- <br /> standing of the following: <br /> <br /> 1. The litigation between Pleasanton Safe Streets Association and the <br /> City may affect his property due to its fronting upon the Del Valle <br /> Parkway; <br /> <br /> 2. Any improvements lost as a result of the above litigation will be <br /> the sole expense and responsibility of Mr. Datwyler, or his <br />LC~ successors, if he requests the City Council to proceed; and <br /> 3. The City does not guarantee that the consideration of the requested <br />~ rezoning and development plan request will insure that the project <br />i~u~ will be able to proceed since it may not abut on a public road as <br />~-~,~ required by the City's Code. <br /> <br /> Mr. Scheidig emphasized that any action taken by the City Council on Mr. <br /> Datwyler's request must be taken only x~ith a complete understanding of and <br /> agreement with the above. <br /> <br /> Mr. Scheidig advised that with regard to the Morrison Homes property the <br /> City Council has no alternative but to act on Morrison Homes' final map if <br /> Morrison so desires. Mr. Scheidig reviewed the provisions of Government Code <br /> Section 66458 and the City Council's obligation to proceed if Morrison Homes <br /> did not grant an extension of time. Mr. Scheidig advised Council of a meeting <br /> he had earlier in the day with Mr. Dudley Frost of Morrison Homes, and his <br /> attorney, Mr. Howard Bell; it was the position of Morrison Homes that they <br /> desired the City to approve the plans so they could proceed with the Creeks <br /> Bend project. Mr. Scheidig advised that there were no legal grounds available <br /> under Government Code Section 66458 to deny the map since it met all legal <br /> requirements. Mr. Scheidig further advised that Mr. Frost should state for <br /> the record Morrison Homes' reluctancy to grant an extension, and request Council <br /> to proceed, understanding the potential ramifications of and loss of improve- <br /> ments if Pleasanton Safe Streets Association wins its litigation. <br /> <br /> Mr. Harris presented his report dated September 15, 1977, regarding the <br /> Negative Declaration and application of Darwin Datwyler. <br /> <br /> Mayor Philcox declared the continued public hearing Open on the Negative <br /> Declaration and application of Darwin Datwyler. <br /> <br /> Mr. Scheidig asked Mr. Datwy!er if he desired Council to proceed to make <br /> a determination on these items in light of the Pleasanton Safe Streets Asso- <br /> ciation litigation and the possible results thereof. <br /> <br /> }ir. Datwyler stated he understood the litigation and the comments of the <br /> City Attorney, and he desired Council to make a decision at this time. Mr. <br /> Datwyler agreed that any losses he or his successors incurred would not be the <br /> responsibility of the City of Pleasanton nor that City's action guaranteed that <br /> his project would proceed. He further indicated that he was aware of the nature <br /> of the litigation by Pleasanton Safe Streets Association against the City and <br /> Morrison Homes. <br /> <br /> 3. 10/11/77 <br /> <br /> <br />