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Sycamore Funding Development Company to agree to provide for one-half of the cost of <br /> the read. He believed the Bachs have been honest and that their share of the <br /> improvements have been equal with regard to the cost of the road. He is willing to <br /> continue to be flexible with the project and use the Council as an objective body. If <br /> Council feels that there is some contrary evidence, he is willing to make adjustments to <br /> the pathway. He was uncertain why there needed to be a three-foot bow in the pathway <br /> away from the Bozorgzads' property. If the pathway is moved three-feet it will allow Mr. <br /> Bozorgzad to build his solid privacy wall over the existing water line that he placed at this <br /> location. He noted that there are substantial costs associated with moving the water line <br /> and based on the history of the project and documentation, it would not be an <br /> appropriate cost that he or the Bachs should bear. <br /> <br /> In response to a question of clarification, Mr. Lamb said he would pay for the <br /> costs associated with extending the Bozorgzads' privacy wall/fence if that is the will of <br /> the Council. He concurred with staff's opinion that the cost of the pathway is the <br /> responsibility of the Bachs and Lambs. <br /> <br /> If Council directed staff to explore safety mitigation options for the path, Mr. <br /> Sullivan asked Mr. Lamb if he would be open to it. <br /> <br /> Mr. Lamb said yes. <br /> <br /> Mayor Hosterman closed the public hearing. <br /> <br />-- Mayor Hosterman noted that Council had three options to consider: (1) to make <br /> a decision to allow a four-lot development plan for three new homes; (2) whether or not <br /> to approve an amendment to the North Sycamore Specific Plan to consider eliminating a <br /> public sidewalk connection; and (3) if it was determined not to eliminate the public <br /> sidewalk connection, Council needed to make a decision as to the feasibility of <br /> maintaining ADA standards. <br /> <br /> Mr. Iserson said that Council would not have to take a separate action with <br /> respect to the ADA findings if it decided to retain the sidewalk as it is built into the PUD <br /> development findings. <br /> <br /> Mr. Sullivan noted that he was on the Planning Commission when the <br /> Bozorgzads' PUD was submitted for consideration. There was significant discussion at <br /> that time about this path. He recalled that when the PUD first came before the Planning <br /> Commission, the path was actually straddling the Bozorgzads' and the Bachs' properties <br /> and during the Planning Commission public hearing for the PUD application, the path <br /> was moved to the Bach property. <br /> <br /> Mr. Iserson believed that Mr. Sullivan was correct because the Specific Plan <br /> designated the pathway on the common property line and it was through negotiations <br /> that the pathway was pushed over on the northern section to the Bachs' side. <br /> <br /> Ms. McGovern recalled that there are many of these pathways throughout the <br /> City. She believed that this issue not only pertained to this section of town. <br /> <br /> Mr. Iserson said that is correct. <br /> <br /> Pleasanton City Council 10 03/15/05 <br /> Minutes <br /> <br /> <br />