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Ms. McKeehan indicated staff would investigate the schedule for improvements and get back to him. There were no further speakers. 6. PUBLIC HEARINGS AND OTHER MATTERS Item 6a Acceptance for Public Access Purposes an Emergency Vehicle Access between Tract Map 7372 and Alisal Street/Happy Valley Road (SR 03:150 Rob Wilson presented the staff report on this item. Kevin Close, 871 Sycamore Road, indicated he had read the staff report on this item. He noted the Specific Plan requires a bypass road to be completed within two years of completion of the golf course. It does not look like that will happen since there are no plans for a bypass road at this time. He referred to the question about dedication of the easement to Alameda County and the potential for a quiet title action. He asked if that was the same thing as eminent domain. He wanted to know who was requesting this action, the Mortensons or the core property owners and the City of Pleasanton. He asked if the action tonight was to authorize an eminent domain action against the Sportorno and Mortenson families. He said he has spoken to Don Mortenson who said the City would only get the land is through eminent domain. Mr. Roush said the 16.5 feet of the 33 feet needed for the access from Alisal Street and Tract 7372 was shown on an 1896 map, but no improvements were ever constructed by the County. Whether that property was dedicated to the County is disputed by the Spotorno family and Mr. Mortenson. After discussions with these parties, it was determined that if agreement could not be reached, a quiet title action would be filed. A quiet title is an action which requests the Court to determine the ownership of the property. If the City is the owner, no compensation would be due from the City. If the Court determines the City does not own the road, then the City would compensate the owners for having taken their property. Tom Smith, 1070 Happy Valley Road, asked if the conditional acceptance could be based on a specific period of time? He asked if the reason for this action was because they can't close escrow on the property? Mr. Roush said without this access, the 37 lots would be landlocked and the final map could not be recorded. Mr. Smith believed staff should have known this was going to happen. He implied this was done deliberately to get access and not have to provide the bypass road. He felt that once a road was opened, it would never be closed in the furore. He related his experience in trying to get Happy Valley Road closed. The residents have been told that this would be a fire access road Pleasanton City Council 7 06/03/03 Minutes