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the school district and City. Chairperson Maas questioned what would happen ifthere are r- insufficient funds to pay the bonds. Mr. Swift advised that if this situation occurred, the City would have to use General Fund money. In response to an inquiry from Commissioner Sullivan, Mr. Swift advised that the plan is to use the existing overhead electrical lines along Vineyard Avenue for the school in the short-term, with underground lines to be utilized later. He further advised that the gas lines will have to be extended. Commissioner Sullivan asked for clarification regarding PG&E's timeframe. Mr. Grubstick advised that PG&E will award the contract by mid-May and the final design will commence. Discussion ensued regarding the urgency of installing the 230 KV line. In reply to an inquiry from Commissioner Sullivan, Mr. Swift reported that these projects already have growth management approval and under these agreements the existing growth management rules are locked in. Mr. Swift clarified that the development agreements allow the potential for new citywide ordinances to be applied to these projects. He further advised that the agreements prevent initiating a PUD modification to add a specific requirement to the approved projects, not adopting general legislation addressing matters related to public health, safety, and general welfare regulations and ordinances. He noted that the City and the developer can mutually agree to a PUD modification through the public hearing process. Discussion ensued regarding the development agreement section that relates to imposing a moratorium. ,,-- Commissioner Arkin noted that he did not see a requirement that the development agreements would be recorded with the County. Mr. Swift advised that the plan is that the City will record the agreements. Commissioner Arkin indicated that he would like to see this requirement added as a condition. In response to an inquiry from Commissioner Arkin concerning whether these agreements "run with the land," Ms. Seto explained that the use of the word "intend" in the agreements is legal terminology. She noted that language can be added at the end of the agreements stating that both parties agree to record the documents. She confirmed that these agreements are connected to the land and not to particular individuals. Commissioner Arkin asked if all of the landowners have agreed to the development agreements and will sign them. Mr. Swift advised that Lonestar is in agreement with the form of the agreement as presented, but there is still discussion as to the payment for a portion of the right- of-way that they are providing. He reported that he has not heard of any issues with the Lin agreement, noting that Centex is in support of this agreement. He advised that Greenbriar and Mr. and Mrs. Heinz are in basic agreement with the document before the Commission. He stated that Mr. Hahner is sharing the agreement with his attorney, and they will be meeting with City staff tomorrow to discuss the elements of the agreement. He advised that Mr. McCurdy is in support of the agreement as drafted, as are the Berlogars and Delco. He further advised that he believes the Chrismans are also in agreement. Mr. Swift noted that if any substantive change is made to the agreements prior to signing, the documents will need to be referred back to the Planning Commission. ,,-- PLANNING COMMISSION MINUTES May 14, 2002 Page 5