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Mayor Thome said he received an email request from John Bauer to move this item to the regular agenda. However, in reading the memo he thought Mr. Bauer may have misunderstood the proposed action and requested clarification from staff. Assistant City Attorney Seto explained that the item reaches back to 1986 when DSRSD and the Livermore Amador Valley Water Management Agency sought to raise capital funds to develop sewer capacity. At that time the Lund family and several other property owners throughout the community pre- purchased sewer connections. To date, the Lund family has not used any of the sewer connections on their property and through their counsel has asked whether the city would be willing to modify the 1986 program in order to allow them to work with DSRSD to explore the sale of these connections for use on properties off site. Mr. Bauer's concern relates to the current Greenbriar Homes Community on the Lund's property, the Lund family is actually looking to sell the connections to another user off site. She explained that the requested action does not relate to the Greenbriar project and both the staff report and resolution are very clear in reserving the Council's complete discretion with regard to the proposed project. Tonight's action simply allows the Lunds to discuss the possible sale of sewer connections with DSRSD and does not in any way commit the city to the size, scope or nature of the project being proposed by Greenbriar. Mayor Thome opened the item for public comment. John Bauer said that based on his review of the information provided in the agenda packet he believed the permit purchased by the Lunds to be null and void. He quoted the following from the permit: "I am the owner or legal representative of the owner of the property described above..." Mr. Bauer contended that the Lund's permit should have been voided when they sold the last of their property in 1998, or at the very least transferred to the buyer at that time. Mr. Fialho explained that DUEs, essentially connection fees, always run with the title of the property and Greenbriar is retaining the title to the 50 DUEs needed to process its development plan. As Ms. Seto described, that development plan is purely discretionary and subject to either approval or denial by the City Council. The issue at hand is the difference between those 50 DUEs and the ones purchase by the Lund family that they would now like to offer for sale on the open market. The agreement referred to by Mr. Bauer states that those DUEs can only be sold directly to the City of Pleasanton. The city was offered the opportunity to purchase those for economic development reasons but declined. The agreement now before the Council would essentially allow the Lund family to monetize those DUEs and attempt to sell them to any willing buyer, subject to the approval of DSRSD. Mayor Thome asked and Mr. Fialho confirmed that this in no way gives title to anything associated with the Greenbriar project. After confirming with the City Attorney that a citizen does have the authority to pull an item from the Consent Calendar, the Council denied Mr. Bauer's request. 6. Approved an amendment to the 2015/2016 City Council Work Plan Priorities to include Zoning Code Update Community Development 7. Actions of the Zoning Administrator and Planning Commission 8. Pulled from the agenda - Approve a pre-annexation agreement and sewer connection to the existing residence at 753 Sycamore Road (Boggs and Jung) Mr. Fialho said the applicant has asked to continue the item to August 18, 2015. City Council Minutes Page 2 of 17 July 21, 2015