Sierra Club Agrees to Join Oak Grove Appeal

The Tri-Valley Chapter of the Sierra Club voted Monday to support the appeal of the Oak Grove referendum decision.

The vote of the local executive committee was 4 to 1, with Jon Harvey opposed.

Harvey was a member of a three person subcommittee that worked with the developer to create the Oak Grove plan to be built within the southeast hills of Pleasanton.

Last week, the Pleasanton City Council voted 3 to 2 not to join the appeal.

Superior Court Judge Frank Roesch ruled in April that the petition gatherers had not carried the proper information. In particular, the judge felt that portions of the development plan should have been part of the petitions, nullifying the referendum.

The referendum supporters will be contacting other groups to gain their support in the appeal process. Kay Ayala, one of the leaders of the referendum, said the San Francisco Bay Chapter of the Sierra Club will discuss whether or not to support the appeal. The hope is the larger Sierra Club chapter would provide “much needed legal advice on the process.” There are plans to contact Earth Justice and the League of Women Voters.

“We’re happy with the local Sierra Club support,” commented Ayala. “The board members felt the same as I do that the judge’s decision would impact future referendums.

“This is no longer about Oak Grove,” Ayala contends. It’s about the referendum process and the confusion over what documents should accompany petitions.

The ordinance that the signature gatherers carried in the effort to overturn the Oak Grove development was voted on by the City Council, signed by the mayor, and approved by the city attorney. The city’s own rules and policies determined that this ordinance was “complete.”

Pleasanton City Councilmember Matt Sullivan wrote a letter urging the Sierra Club to join the appeal. He said in the letter, “I am very concerned about the direction this project has taken related to our citizens’ ability to protect the environment and to shape open space policy with this project. When the developer’s lawsuit was successful in overturning the referendum based on a technicality, it sent chills up my spine. I understood what this meant not only for this situation, but also for future grassroots efforts to protect the environment and our precious hillsides from development. What is at stake is far more important than any single project.”

Marty Inderbitzen, attorney for the Oak Grove property owners, asked the Sierra Club not to join the appeal. He read a letter from Mayor Jennifer Hosterman supporting his request.