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road there would be a major traffic problem on Vineyard and properties will be taken if they r- cannot stay in the middle of the road. She asked if the development agreements will become null and void ifPG&E installs their line along old Vineyard. Mr. Swift advised that if the property owners dedicate the right-of-way and the City makes the right-of-way available to PG&E, and PG&E installs the line, the City has to finish the Phase I improvements. He further advised that ifPG&E installs the line on old Vineyard, the City can still decide to go forward with the road or can decide not to build the road. He noted that there are two triggers for not allowing the City to back out of the agreements and making them null and void: PG&E uses the right-of-way, or the City uses the right-of-way. Ms. Roberts advised that she would like the ability to tweak the agreements, but she does not feel there is time to do so, and, therefore, supports approval of the development agreements. THE PUBLIC HEARING WAS CLOSED r-- Commissioner Sullivan asked if PG&E can acquire the right-of-way independently along the new Vineyard Avenue route and install the cable without the road. Mr. Swift advised that the PUC approval allows for the use of the old road unless the new road is available, so he does not believe that PG&E has PUC authorization to condemn property for the new right-of-way. He further advised that PG&E does not want to install the cable without the road in that they do not want future work to take place on top of their facility because of the potential damage that could be done to the cable. He noted that PG&E also wants its facility at a uniform depth, which would not be possible unless the road is graded first. Commissioner Sullivan questioned whether the City could stop PG&E from using the existing Vineyard Avenue if it found that the new road couldn't be built now. Mr. Swift advised that there are still avenues that could be explored, but the final approval has been given. He further advised that the City could argue with the PUC that the project be delayed for a few months because the new Vineyard A venue will be available in a reasonable time frame, but he did not think the argument for delaying the project for a couple of years could be made. Commissioner Sullivan noted that during the HeinZ/Greenbriar workshop, Greenbriar representatives advised that some of the developers had approached the City to relax or remove some of the PUD conditions. He asked for additional information regarding this issue. Mr. Swift advised that there are a number of design-related issues that staff has had discussions about with Centex, Delco, and Greenbriar. He advised that Centex and Deleo have not asked to modify conditions related to green building or making the houses pv-ready. Chairperson Maas asked staff to explain the amenity that these development agreements are providing for the community. Mr. Swift replied that the development agreements provide the right-of-way for the preferred location of the PG&E 230KV line, the new realigned and, hopefully, safer Vineyard A venue to be built, and it gets the elementary school closer to being operational. He noted that it is also a major step in the direction of getting the Vineyard Corridor developed in accordance with the Specific Plan. Chairperson Maas suggested that the Planning Commission recommend to the City Council that the City receive some type of documentation from the school district regarding the time frame for constructing the new elementary school. ,.- PLANNING COMMISSION MINUTES May 14,2002 Page 7