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123 Mr. Ted Fairfield, representing the Linwood property, and also representing Hansen-Mix, stated he felt the sewer issue should not be governed in the Growth Management contract, but since it has been included he would suggest that the sewer permits and the growth management permits be made to co-terminate and that each allocation should run for three years instead of two years. Mr. Fairfield stated that With regard to the clause relative to sewage capacity, the various developers had bought and paid for the sewer permits and he felt there should be no doubt as to available capacity. He suggested that only if another governmental agency with jurisdiction over the City forbids sewer hookups should the City get out of its sewer commitment, to insure this is a good faith clause. Mr. MacDonald stated the three year extension of sewer permits and growth management permits is essentially a policy decision. He stated that the clause relative to sewage capacity reeks with good faith and felt that involvement of another governmental agency would only cause deeper problems. Mr. MacDonald stated he can understand that the developer wants the best assurance possible for available sewer capacity but he feels that assurance is already in the contract. After discussion, it was moved by Councilmember Brandes, and seconded by Council- member Mohr, that relative to the 1972 Settlement Agreement, the period be extended to three years instead of two years as it pertains to all four agreements. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None After further discussion, Council determined not to change Clause IV relative to sewage capacity. It was moved by Councilmember Mercer, and seconded by Councilmember Wood, that Resolution No. 82-322, approving the Growth Management Long Term Agreements between the City and Doyle Heaton, Morrison Homes, Ponderosa Homes, and Linwood, including the above amendment regarding three year extention relative to the 1972 Settlement Agreement, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None PUBLIC HEARINGS Application of the City of Pleasanton to rezone (Annexation No. 91) an approximately 35 acre site located immedia~e_l_y northwest of the intersection of Martin and Mohr Avenues to the PUD (Planned Unit Development)-Low Density Residential District or to any other zoning district consistent with the General Plan Consider adoption of Negative Declaration (Contd. Open from 7-13-8'2) Mayor Butler declared this public hearing continued open indefinitely, pending Council review of the entire Mohr-Martin area. Application of Prudential Insurance Company for desiSn approval for a five-story~ approximately 300,000 .~.~.. ft. office building on an approximately 16.4 acre site~ located in the area bounded by Gibraltar Drive~ Stoneridge Drive and Hacienda Drive. Zonin~ for the property i~PUD (Planned Unit Development)-Commercial/Industrial/ Offices District Mr. Harris presented his report (SR 82:313) dated August 13, 1982, regarding this matter. 4. 8/24/82