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City of Pleasanton
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2008
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3/13/2008 1:37:20 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
3/18/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
01
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and the 6-month requirement to get everything finished is not completed, the City would initiate <br />the nuisance abatement process to have the improvements removed. <br />Councilmember McGovern confirmed with neighbors they also did not want building to occur on <br />Saturdays. <br />Mayor Hosterman said she supported staff's recommendation, with the addition of an <br />administrative hearing process and that any fine levied would not be levied until the construction <br />completion. <br />Councilmember Thorne questioned the amount of the fine, and City Manager Fialho said the <br />administrative hearing and associated fine could be as high as $1,000 and the Council may not <br />want to wait to impose it. He did not believe the fine was very high given the circumstances. City <br />Attorney Roush said fines are difficult to deal with in these types of situations and often the City <br />seeks to get compliance rather than making it punitive. City Manager Fialho said if the work is <br />not completed within 6 months, a nuisance abatement process could result in dismantling of the <br />addition. <br />Councilmember Sullivan suggested a friendly amendment to the motion to indicate that if the <br />project is not completed within 6 months, the item can return to the City Council to abate it. City <br />Attorney Roush said the condition is already incorporated in the nuisance abatement process. <br />Councilmember Sullivan believed most of the work will occur inside and suggested not allowing <br />any outside construction on Saturdays, and Mayor Hosterman agreed. <br />Councilmember Thorne said if the item returns to the Council as not being completed in six <br />months, he would support removal of the additions. Councilmember Cook-Kallio confirmed that <br />staff would initiate an enforcement provision if Saturday work conditions were violated. <br />Motion: It was m/s by Hosterman/Sullivan to adopt Resolution No. 0&174 denying the appeal, <br />thereby upholding the Planning Commission approval of administrative design review to <br />construct an approximately 64-square-foot first-floor addition to the left side and an <br />approximately 273-square-foot second-floor addition to the right side of the existing residence <br />located at 3496 Whitehall Court; directed staff to initiate an administrative hearing that would <br />result in a fine related to additions not permitted; that remaining work needs to be permitted <br />within 60 days and completed in 6 months. If not completed, the City would take action to initiate <br />a nuisance abatement process, and construction is allowed Monday through Saturdays, with <br />Saturday work to be limited to internal work only. <br />Councilmember McGovern said she would not support the motion and believed Mr. Smith owes <br />an apology to all neighbors. <br />Motion passed by the following vote: <br />Ayes: Councilmembers Cook-Kallio, Sullivan, Thorne, Mayor Hosterman <br />Noes: Councilmember McGovern <br />Absent: None <br />15. Consider a status report on and additional funding for the Eastern Alameda County <br />Conservation Strategy <br />Principal Planner Janice Stern gave a status report on the Eastern Alameda County <br />Conservation Strategy, discussed benefits to the City included addressing ecological mitigation, <br />wildlife permitting processes, organizational missions of the County relating to conservation, <br />effective uses of funding. She indicated among other agencies, the City has committed $15,000 <br />City Council Minutes 8 March 4, 2008 <br />
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