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ROLL CALL VOTE: <br />AYES: Commissioners Balch and Nagler <br />NOES: Commissioners Allen and Piper <br />ABSTAIN: None <br />RECUSED: None <br />ABSENT: Commissioner Ritter <br />The vote on the motion is a tie at 2 -2. <br />Commissioner Nagler asked Chair Allen if changing Option 3 versus Scenario 3 would <br />make a difference for her vote. <br />[a]I .W-11I 11 .. reFIT.a <br />Mr. Dolan asked the Commissioners if they can have a clean record and take a position <br />or if that motion implied a position on the other items. <br />Chair Allen asked Mr. Dolan if he wanted the Commission to take a position on those <br />issues so the Commission will not need to come back to them. <br />Mr. Dolan replied that he heard the Commissioners were united on those issues and so <br />ultimately and more important is that it does not appear that the Commission is going to <br />get a motion passed tonight. He noted that the vote is 2 -2, and it is not going to be <br />resolved until the Commission has a fifth member. He added that if any of the <br />Commissioners can think of a motion that he /she thinks would pass, he /she should go <br />ahead and try it, but it does not seem like from where you are now, you are going to get <br />there. <br />Commissioner Nagler stated that he thinks the Commission should try to discuss it <br />before just throwing in the towel. He addressed Chair Allen that he hears it is the <br />retaining wall being a structure, the difficulty getting up and over the hill. <br />Chair Allen said yes; that is the main one. <br />Commissioner Nagler addressed Commissioner Piper, stating that from what he has <br />heard from her, it is more the interpretation that a road is a structure no matter the size <br />of the road per se, and that because Measure PP trumps, she cannot get to the finding <br />either. <br />Commissioner Piper said yes. She noted, however, that the other Commissioners <br />talked about how one cannot really see this road and that maybe that was not really the <br />interpretation. She indicated that makes sense to her but she thinks that it is something <br />that is engineered, and if a road is paved, it is engineered to some degree. <br />Commissioner Balch clarified that the only reason why a road cannot be a structure is if <br />it is not built. He asked if a dirt road is a structure, and the answer is no, but a freeway <br />is. <br />PLANNING COMMISSION MINUTES, June 24, 2015 Page 43 of 54 <br />