CCMIN081903 - Laserfiche WebLink

Mr. Happ referred to the Municipal Code and the Development Agreement and he did not believe he was being treated in good faith. They have tried everything to reach agreement with Mr. Brozosky with no success. Frank Berlogar, 2200 Vineyard Avenue, believed the tentative map was a great plan and consistent with the approved PUD and conditions of approval. He urged Council to approve the project. Mr. Campbell asked for his opinion on the well issue. Mr. Berlogar did not understand why Mr. Brozosky wanted to rely on the well. Mrs. Berlogar cannot wait until they get city water for their home. They are economical for landscape and livestock, but they are a problem. A storage tank would not help since one would not know there was a problem with the well until the tank was empty. He felt Mr. Brozosky would be better off with city water as a backup. There being no further speakers, the public hearing was closed. Mayor Pico felt both the Chrismans and Brozoskys have rights to the use of the well that are contractual and long standing. He did not want to modify those agreements or tell the Chrismans they could not use the water. He acknowledged the Vineyard Corridor Specific Plan encourages use of wells for animals and agricultural uses as part of this transition zone between the city and vineyard areas. He was sympathetic to the need to ensure the Brozoskys have an adequate supply of water to protect the health and safety of their property, family and animals. He believed there were two alternatives. One is an emergency backup water line. He was not comfortable with that because it would provide water to the property without payment of connection fees normally required from any other resident. He did not want to set a precedent. He preferred that there be a separate, dedicated water line with standard fees being paid. In this instance, the developer is agreeing to provide the water line to the Brozosky property. He would like to provide the option that the line be provided for emergency purposes or that a 2,400 gallon water tank be provided for the Brozoskys. The Brozoskys could choose which option they prefer. Ms. Hosterman supported having the emergency water line with the possibility of having an added water storage tank. These parties have demonstrated they have difficulty reaching agreement on anything. She asked the City Attorney if it were legally possible to require the first property owner to develop their property to relinquish their rights to a well. Mr. Roush felt to reach that outcome, the project could be conditioned to require that city water be used for all purposes. There is a Specific Plan policy, however, that if well water is available that it be used for agriculture and animal uses in lieu of domestic water. Mayor Pico felt these properties were to be transitional between the urbanized areas and the vineyard areas. It was not the Specific Plan's intention to use city water for agricultural or ardmal purposes. Pleasanton City Council 12 08/19/03 Minutes