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Mr. Brozosky asked if the conditions could be monitored over time so that later <br />on, if Council found there was a problem, Council could go back and either change the <br />conditions or revoke the entire permit? <br /> <br /> Mr. Swil~ said that staff added a condition that allowed Council do so for this <br />project, which is Condition #30. That condition states that if there any issues that come <br />up, Council can readdress the entire project. <br /> <br /> Ms. Ayala asked how much time was spent at the Planning Commission level to <br />look at the phasing aspects of this project? <br /> <br /> Mr. Swift indicated that there was a phasing plan. The phasing plan that is before <br />Council is the same phasing plan that was before the Planning Commission. He felt it <br />fair to state that there was some confusion as to what was included and what was not <br />included at the Planning Commission meeting because there are some water slides that go <br />by different names depending on which sheet one looks at. This was part of the <br />confusion that the Planning Commission had at its meeting. The Planning Commission <br />was hoping to have phasing done in a manner that would build less of the project in the <br />initial phase. The phasing plan places all of the infi'astmcture, parking, roads, concession <br />stands, and the buildings, but only some of the water slides. Over the next five years <br />after the initial phase, additional water slides or swimming pool facilities are added. The <br />bulk of the facility, however, would be in place in the first phase. <br /> <br /> Ms. Ayala asked if it was possible for Council to look at a phasing plan that was <br />scaled down and that any other phases would have to come back to Council for approval? <br /> <br />Mr. Swift said yes. <br /> <br /> Mayor Pico noted that one of the issues that he had raised earlier with staffwas <br />whether or not it was possible to have any decision that Council made be conditional <br />upon ratification by a vote of the people. He asked legal counsel if it was possible for <br />Council, if it were to decide to approve this project, to approve it subject to the project <br />being ratified by the voters before it becomes effective? <br /> <br /> Mr. Roush said that he would need to discuss that question with Council in closed <br />session, as there are significant legal issues that are involved. <br /> <br />Mayor Pico opened the public heating. <br /> <br /> Tom Mikkelson, 2950 Peralta Oaks Court, Oakland, representing the East Bay <br />Regional Park District (EBRPD), noted that EBRPD and the applicant, Mr. Kierstead, <br />respectfully appeal the decision of the Planning Commission to Council. EBRPD and the <br />applicant believe that a phased redevelopment and expansion of the water park at Shadow <br />Cliffs will enhance the quality of life for residents in the Tri Valley area, especially <br />families, by providing a locally owned and operated modem recreational facility set in a <br /> <br />Pleasanton City Council 9 03/16/04 <br />Minutes <br /> <br /> <br />