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T SAL To: Mayor Jerry Thorne, Vice-Mayor Cheryl Cook-Kailio, and Counciimembiikk Provided to the City Council From: The Ventana Hills Steering Committee & Mission Hills Area Represents Distribution of Packet Topic: Proposals from the Pleasanton Planning Commission and City Staff reg5gpj implementation Measures PP &QQ As Pleasanton Council Members you are being asked to make a decision to approve an ordinance recommendation which is intended to form guidance on the interpretation and implementation of Measures PP & QQ. This letter is not intended to be a comprehensive review of the two proposals from both the Planning Commission and City Staff but rather an overview of our major concerns and objections that came about as a result of the public process thus far. Considering a road a structure: Our research shows no substantiation for considering a road a structure. (1) A road can traverse a 'structure' such as a bridge or culvert but is not itself a 'structure'. Pleasanton Municipal Code, General Plan and professional engineering guidance all practice the use of the term 'structure' as it relates to a building, swimming pool, sign, etc. erected within or on top of the ground and makes no mention, implication or reference that a road itself is to be considered a 'structure'. Roads are specifically and appropriately mentioned in the General Plan as being part of our city infrastructure and should be treated consistently as such. We have researched both the Pleasanton General Plan (Exhibit A) and Pleasanton City Municipal Code (Exhibit BI and have found no substantiation of a road as a structure. (2) We have consulted with a civil engineer for their opinion of a road as a structure(Exhibit C). (3) In researching the staff report from the November 27, 2012 Special City Council Meeting, page 10, item 3: d• The Pleasanton Municipal Code 18.08.535 definition—refer to Exhibit B. ❖ "The Pleasanton Municipal Code also adopts the California Building Code by reference, which defines structure as 'that which is built or constructed' which could be interpreted to mean public or private streets or roads." — We contacted the office of the California Building Code Commission and spoke to Russ Frank, an engineer in the department. We asked if the California Building Code Commission defined a road as a structure and we were told "No." The California Building Code refers to Cal Trans for the definition of a road, therefore,the California Building Code does not reference roads as structures. The intent of Measure PP: Many of those in our neighborhoods voted in favor of Measure PP "Save Pleasarton's Hills and Housing Cap Initiative" adoption based on what was written in the measure, not what was excluded from it. If roads had been specified in the initiative, this would not have been the case. If Measure PP signatories had wanted roads to be included in the initiative, we firmly believe they would have been specified as such, and that any use of the term 'structures' was interpreted in the spirit of the generally accepted practice of describing buildings, houses, etc. as outlined in point (1) above. Measure PP and QC) implementation should not be used as a mechanism to ignore 20+ years of agreements and commitments to our neighborhoods, which were supported by your predecessors, for balanced development of road infrastructure (Exhibit D). Although Measure PP & QQ implementation decisions will apply Pleasanton-wide, in practice most of the code recommendations listed in P12-1796 will only apply to the Southeastern section of Pleasanton. It is therefore erroneous for the Planning Commission to claim that our legitimate traffic flow concerns from development in the Southeast and the intent or application of Measure PP within the community are two different issues not worthy of mutual consideration.