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489 Report of the Planning. Commission RR:.Back~[oUnd and. Status~ Construction of six- plexes on Fairlands D~iVe Mr. Castro reviewed the entire background and status of the construction of the six-plexes on Fairlands Drive. Mr. Fales reviewed the report of the Director of Public Works. Mr. Castro stated that the Planning Commission has recommended to the City Council that the original plans be changed to allow a mansard roof on one unit but all other deviations must be reviewed by the Design Review Board. Councilman Reid indicated that he felt the City was legally within their rights to require that the units be constructed as originally approved. Discussion ensued on what action to pursue in the disposition of this problem. Mr. Hirst stated that he had informed the Planning Commission that he did not feel it was a matter of such importance that he would recommend that the City go to Court in an attempt to force the developer to construct the units as apDroved. Mr. Hirst also stated that there was a possibility the City,should it take this matter to Court, may not have the proper findings or leverage to win the case, as the building permit had already been issued. Mr. Fales strongly maintained that this was a matter of principle and not only a matter of correcting the infractions, He also reported that all prior Planned Unit Development applications had been checked and no deviations from the approved plan had been found. Mr. Hirst indicated that he felt that this matter was not of such importance that legal action should be taken by the City against the developer. Mr. Fales maintained that if constant checking of the approved maps and the map submitted by the developer for a building permit, is going to be a responsibil- ity of the City, it will take more staff time which results in using more money from taxpayers. Mr. Fales asked the Council for precise administrative direction regarding matters of this nature and if it is the Building Department's responsibility to check each item on the maps submitted to them in order to obtain a building permit, then he will have to employ sufficient personnel in that Department to insure that this type of thing will not happen again. After considerable discussion, it was moved by Mayor Getton and seconded by Councilman Reid that the entire matter of six-plexes at Fairlands Drive be referred back to the Planning Commission to consider if the changes in the approved plans are more desirable than the original approved plans and to dimregard any legal consideration in their decision. The roll call vote was as follows: AYES: Councilmen Betatits, Rega, Reid and Mayor Getton NOES: None ABSENT: Councilman Spiliotopoulos Mayor Gerton stated that he sympathizes with the remarks made by the City Manager because if the City is to do a proper job of administration, and if admin- istration is to be responsible, they will have to know under what rules they are operating. Councilman Reid also concurred with Mr. Fales' prior comments. Mr. George Oakes, developer of the six-plexes, asked permission of the City Council to proceed with the interior ~,ork on the buildings. The Council granted Mr. Oakes request to continue interior construction. Mr. Fales stated that he will have written instructions, signed by the City Attorney, as to precisely what Mr. Oakes can do, by tomorrow morning. Mayor Gcrton stated that because it bci',~ the custom of the City .Couzcil ~o Gpc~ the meeting ~o the ~ublic by 10:00 P.M., he would alter the priority of items on the agenda in order to do this. MEETING OPEN TO THE PUBLIC Mr. James McDermott, 3598 Corte Sonora, asked the City Council what is the exact definition of "density". He stated that a number of people in Pleasanton are confused as to how low-cost housing and density are compatible. Mr. McDermott also asked the City Council to publish the definition of "density" in the local newspaper. Mayor Gerton suggested that Mr. McDermott attend the joint City Council- Citizens meeting on February 16th, 1970. Mr. McDermott also complained about the odors emitting from the V.C.S.D. sewer plant. Mayor Getton explained the operation of sewer plants.