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Mr. Jeffrey stated that the drawing he made was not quite exact because the actual V-ditch comes up in grade, but he had to move the wall closer because of the 15-foot easement from the property line. He added that because no structures are allowed on that 15-foot easement, there was very little, if any, fill he used from the pool. He then showed before and after photographs of the actual grade of his yard, noting that there is very little difference between the two. He added that the grade was as it was prior to the process of his removing everything, and where the four foot wall is, looking over to the Johnston's property, there was a little bit of fill in the corner to the left. He indicated that the "before" picture was taken from his deck, which is six feet higher than where the "after" photograph was taken. He noted that the actual grade of the property looks a lot higher from the photo taken today. He noted that the argument that the grade was changed is wrong because the grade is actually the same distance from his existing retaining wall towards the front of the house to the back of the property. With respect to the hedge, Mr. Jeffrey stated that the CC&R's state that they need to be green, broadleaf evergreen trees. He stated that he has talked to the Johnstons several times about the intent of his design which included a total of 15 trees and a combination of bushes and trees. He added that he then installed 20 evergreen broad-leaf trees along that portion of his property and included what was originally proposed as 15-gallon trees with several 24-inch box trees, one of which he placed right in front of the Johnstons' property along with the surrounding bushes. He then presented a photo of what the trees look like across the rear portion of the property. Mr. Jeffrey stated that because he originally did not want the three-to-three-foot high berm on top of the wall, he spoke with Ms. Decker and agreed to install aone-foot high berm in the southwest corner, which is what is indicated in the staff report. He noted that he had spent a lot of time and money trying to come up with resolution with the Johnstons, but there is no end in sight and continues on and on. He stated that he feels he has been a good neighbor and understanding to his neighbors and their concerns; he has coordinated with them, discussed the design aspect of his actual backyard; and met their concerns; and he has fulfilled the requirements of the CC&R's and his design intent. Mr. Jeffrey stated that he is completely opposed to any type of restriction on the use of his property because he feels he should be able to use his property as he sees fit and as set forth in the rules governing the City of Pleasanton. With respect to the statements that he moved forward without permission, he noted that after being told not to move forward at all with the pool, he was given permission by the previous project planner to move forward and that he did not receive any type of stop work order for the construction of the retaining wall. He indicated that the only caution he was specifically told was that if he did move forward and some resolution comes up that differs from what he had done, he would be responsible for removing them. He noted, in fact, that the pool has been completed and signed off by the Building and Safety Division, and the retaining wall was also inspected and signed off. He stated that engineering papers were also submitted and should be on file with the Building and Safety Division. He EXCERPTS: PLANNING COMMISSION MINUTES, September 10, 2008 Page 12 of 25