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Commissioner Olson noted a double negative in a sentence on page 3 of the Hendrick Automotive report and page 4 of the CLC report: “Staff does not believe the SEIR will not have an impact on either the CLC or Hendrick Automotive PUD’s….” and stated that staff was probably trying to say that there would be no negative impacts. He requested that both areas be changed. Commissioner O’Connor inquired whether or not staff also believes there would be no impact to the Development Agreement. Mr. Roush replied that it is possible that some of the terms and conditions of the Development Agreement may have to be revised in light of what comes out of the SEIR. He stated that, for example, if the Specific Plan Amendment as approved is amended in a certain way or requires additional mitigations, those would have to be reflected in the Development Agreement. He noted that staff assumes that these amendments would be fairly minor in nature and reflected in the Specific Plan Amendment, and that the bulk of the Development Agreement would not have to be modified. Commissioner O’Connor inquired how the Development Agreement would be modified after the fact if it is approved tonight. Mr. Roush replied that staff is recommending that the Commission make a recommendation to the City Council that it be approved. He added that if there are substantial revisions to the Development Agreement, staff would return it to the Planning Commission for its review and consideration prior to the City Council taking final action on it. Commissioner O’Connor inquired if staff expected the SEIR to be completed before it goes to Council. Mr. Roush said yes. He stated that staff would expect to have the SEIR completed before the City Council takes action on any of the plans or agreements. Commissioner Olson stated that page 9 of the CLC report indicates that the health center will be under separate ownership. He inquired if the reason for this is that CLC is really not in the healthcare business. Mr. Bocian replied there will be a separate LLC that will own the center but that the ownership will be common. Commissioner Olson referred to discussion on the housing cap on page 18 of the CLC report. He noted that this has nothing to do with CLC’s project but everything to do with Pleasanton’s politics and inquired if it would be possible for the Planning Commission to recommend to the Council that none of the units be counted toward the housing cap. Mr. Roush replied that it is within the Commission’s purview to make this recommendation to the City Council. He stated that staff’s concern was that staff really PLANNING COMMISSION MINUTES, June 24, 2009 Page 10 of 22