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Mr. Fialho asked the City Attomey to address two issues: the private road way <br />system in Ruby Hills to the City Park and how liability is addressed in this situation, and <br />the private road way on Golden Eagle to the Ridge that connects to a public park. He <br />would not recommend doing something that is precedent setting if it is not uniform in <br />other locations throughout the City. <br /> <br /> Mr. Roush noted that the streets in Ruby Hills are private and the City would not <br />accept the liability for any pedestrian incidents that might occur. He noted that the <br />streets in the Golden Eagle development are private and the City has a maintenance <br />agreement with the Association to maintain those streets for the City's share of the <br />public right of way. He pointed out that vehicles as opposed to pedestrians primarily <br />access the streets in the Golden Eagle development. <br /> <br /> Mr. Brozosky believed there is a 10-foot combined public trail and public utility <br />easement straddling the Bachs' and Bozorgzads' properties. In order for the approval of <br />the Bozorgzads' PUD, has asked if they had to sign an easement for the public trail. <br /> <br /> Mr. Roush noted that the easement does not straddle the Bachs' and <br />Bozorgzads' properties equally. It was a condition of the PUD that the public trail and <br />public utility easement be granted. Those easements were signed and recorded one <br />year after the PUD was approved. <br /> <br /> Mr. Brozosky pointed out that the staff report mentioned the Bozorgzads installed <br />and paid for the costs associated with the water line. He asked if the Bachs are required <br />to pay for the sidewalk improvements? <br /> <br /> Mr. Roush said he was not certain who installed and paid for the water line. <br /> <br /> Mr. Iserson confirmed that the Bozorgzads installed the water line. The issue of <br />the three party agreement with Greenbriar Homes is murky as there were private <br />negotiations being conducted. <br /> <br /> It was moved by Mr. Sullivan, seconded by Mr. Brozosky, to introduce <br />Ordinance 1914, an ordinance approving the application of Earl Bach, Karl Bach, <br />Ed Lamb, Sr., and Ed Lamb, Jr. for PUD Development Plan approval, aa filed under <br />Case PUD-42, to include conditions to create safety features to mitigate concerns <br />for pedestrians and bicyclists. <br /> <br /> Mr. Sullivan appreciated the applicant and staffs efforts in working with the <br />neighbors to minimize visibility issues, particularly with the neighbors on the north side. <br />He was comfortable having the specific house plans reviewed and approved by the <br />Planning Commission. <br /> <br /> in response to an inquiry by Mr. Brozosky, Mr. Iserson said the design review <br />process would occur at the Planning Commission level. <br /> <br /> Ms. McGovern mentioned that she visited the property. She did not believe the <br />sidewalk is too steep. If Council approves the sidewalk connection between San Carlos <br />Way and Sycamore Terrace, it would be an addition to the neighborhood. <br /> <br />Pleasanton City Council 12 03/15/05 <br />Minutes <br /> <br /> <br />