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Mayor Tarver thanked the public who contacted him regarding the referendum for not speaking this evening, because the item will be heard March 2. Eric Semmelmayer, 7429 Aspen Court, said he is unable to attend the March 2 Council meeting and therefore wanted to comment on the referendum. As one of the signature collectors for the referendum, he is upset over the press coverage portraying the signature collectors as "no- growthers" and "staunch nimbys". The signature collectors are concerned citizens that realize there are problems in the City that need to be solved before more development is allowed within the City. These issues have been brought before the City Council but have fallen on deaf ears. It seems the referendum process is the only way to get the Council to understand that the residents want the development to slow down and solve the problems first. He would rather be spending time with his family but felt the referendum process was the only way to get the Council to listen. There was a break at 8: 13 p .m. and the students participating in Youth in Government Day left. The meeting reconvened at 8: 15 p.m. 6. PUBLIC HEARINGS AND OTHER MATTERS Item 6a Nelson request for Tolling Agreement Michael Roush said the Nelsons requested the City to enter into a tolling agreement at the last Council meeting. A tolling agreement would toll the time in which the Nelsons had to file a lawsuit, if they choose, concerning the Council' s decision to adopt a resolution which said the color of the Nelsons' house does not comply with the conditions of approval that had been previously approved. The Council discussed this matter in closed session. Mayor Tarver asked for public testimony. Neil Nelson, 8088 Bethel Lane, asked the Council again to toll the time in which he has to file a lawsuit. He understood the West Foothill Overlay District Guidelines are being rewritten which he felt was significant to his appeal. He handed out two letters requesting copies of information regarding the West Foothill Overlay District. He said the ordinance states no bright white, red or yellow color. He said many residents believe his house is white with blue turquoise trim. That is not his house; his house is two houses above Foothill Road, south of Moller Ranch, and painted in a golden grassland color. He asked Council to approve the tolling agreement. Geoff Cooper, 7534 Flagstone Drive, asked Council to enter into the tolling agreement with the Nelsons because the Planning Commission is going to reconsider the West Foothill Overlay District Guidelines. If the issue is visibility, why can't a color be based on how well it blends into Pleasanton City Council 9 02/16/99 Minutes