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15 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2009
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040709
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15 ATTACHMENTS
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4/1/2009 1:08:32 PM
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4/1/2009 12:52:50 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/7/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
15 ATTACHMENTS
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18. Did the City Attorney review the notice before it vdas sent out? <br />Response: No, but there was nothing unusual about the=_ notice itself that would have <br />warranted such review. <br />19. Could the Planning Commission or City Council hold a special meeting on this <br />topic at the Park? <br />Response: So long as the meeting was properly noticed, the Commission or Council <br />could hold a special meeting on this topic at the Park, rather than at the Council <br />Chambers. Our experience has been, however, that re:>idents in the mobile home <br />parks do not have any difficulty in attending meetings ai City Hall when the issue is of <br />importance to them. In addition, planning staff and the City Attorney attended an all <br />park meeting in January 2009 to discuss this apK>licatiori and answer questions. <br />20. Why is the City Council not the final decision making body on this application? <br />Response: Under the State Subdivision Map Act, the planning commission may <br />approve a tentative map and, unless that decision were appealed, that decision is final. <br />The application here is for a vesting tentative map and therefore the Commission's <br />action on the application is final unless appealed to City Council. <br />21. What were the grounds for the City Council to meet in closed session (on <br />February 17) on this application? <br />Response: The Brown Act allows the City Council to meet in closed session with its <br />attorney when there are facts and circumstances that would lead a reasonable person <br />to believe that there is a credible threat of litigation against the City. The City received a <br />letter from the law firm representing the park owner that it would file a claim against the <br />City for millions of dollars if the City unreasonably denied or denied this application. <br />Under those circumstances, the City Attorney felt it was appropriate to meet with <br />Council in closed session to discuss the item. <br />22. Why was there a delay from the time the application was submitted in July 2007 <br />until the matter was placed on the Commission's agenda in January 2009? <br />Response: There were a number of items that ttie park owner had to complete before <br />the application was complete. These included the survey that was not sent out until <br />March 2008. Thereafter, staff and the applicant';s attorney had disagreements about <br />whether other items, such as whether the owner was required to prepare an appraisal of <br />the lots at this time, were required before the application was complete. In October <br />2008, the application was deemed complete. Due to thE: Commission's other agenda <br />items and the desire of staff to hold an all park meeting before the item was placed on <br />the Commission's agenda, the matter was scheduled in January 2009. <br />a <br />
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