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Ms. Michelotti asked if the PUD could be removed from the motion. Let's do the <br />development agreement as quickly as possible, then there is a guarantee for the people <br />regarding the bypass road. <br /> <br /> Mayor Tarver appreciated staffs concem. <br /> <br /> Mr. Roush said all the actions have to be done by the end of September. <br /> <br /> Ms. Michelotti asked if the only way to guarantee that the Spotorno property would <br />not be affected by the CAPP initiative would be to have some type of development <br />agreement in place before that. <br /> <br /> Mr. Swift said the Spotorno property could be protected from having to go to a vote <br />through a development agreement or the PUD approval if they are done in time. The real <br />issue of trying to do a development agreement before the PUD is approved by Council is <br />the that Summerhill would be putting up $1.2 million and they would want assurance that <br />they would be able to build a project that will work for the property. They will not know <br />that for sure if Council approves a development agreement according to the Specific Plan. <br />It has a range of allowable density that starts low and goes up to 102 units. The Summerhill <br />works well at 102 and at 92, which is what the last submittal was. It may not work at 52 <br />units. The share of the cost for infrastructure may not work at 52 units. That is where the <br />difficulty is when you are doing a development agreement when you don't know what will <br />be allowed. If the developers and staff draft a quick agreement that only locks in what is <br />allowed by the Specific Plan and are still willing to take the risk of paying for the <br />infrastructure, then that plan is easy to do. Council is not giving up anything, but the <br />developer is taking a very large risk that the ultimate number of units allowed will work for <br />their obligation. <br /> <br /> Mayor Tarver said it seems staff is saying it can't get a PUD completed in time to <br />provide assurances to the residents for the November 16 election. <br /> <br /> Ms. Acosta said it depends on the developer doing what staff is asking of them. <br /> <br /> Mayor Tarver felt that was up to the developer to make the compromises to get the <br />thing done. What is wrong with doing what is possible and if there are issues that can't be <br />resolved, bring them back to Council. <br /> <br /> Ms. Acosta said that is possible, but Council has indicated it wants details in front of <br />it before it will approve a plan. The reality is staff will not say it cannot do what is asked, <br />but this is a very big task. The real issue is the permitting agencies giving their approvals. <br /> <br /> Ms. Michelotti felt she was being asked to vote on a motion that staff says is not <br />possible to achieve. She clarified that if the development agreement was based on the <br />Specific Plan then the developer is taking a risk, but is still protected from the CAPP. <br /> <br />Pleasanton City Council 24 07/29/99 <br />Special Meeting <br /> <br /> <br />