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c. That the City shall be named as a beneficiary of said CC&R's and granted the power to enforce its provisions if the Homeowners Association fail to do so. Council agreed to change (b) that the contractor file with the City Engineer semi-annually a report certifying that the water system is in good repair and being properly maintained, and that the contractor file with the City Engineer annually a report certifying that the sewer and storm drain systems are in good repair and being properly maintained. Condition 35. The Homeowners Association and each individual homeowner shall enter into an agreement to hold harmless, defend and indemnify the City, its officers and employees from any cause of action or claim for damage or injury caused by the roadways, sewers, water or storm drain facilities, or their maintenance and upkeep, or caused by the party contracted with for maintenance services. Council agreed to change this condition as follows: "The HomeownerS Asso- ciation shall enter into an agreement to hold harmless, defend and indemnify the City, its officers and employees from any cause of action or claim for damage or injury caused by the roadways, sewers, water or storm drain facilities, or their maintenance and upkeep, or caused by the party contracted with for maintenance services and that the CC&R's shall make each homeowner chargeable for costs re- lated to responsibilities provided for in this condition". After discussion, it was moved by Councilmember Butler, and seconded by Councilmember Wood, that Ordinance No. 883, to be read by title only and waiving further reading thereof, approving the application of L & H Land Company for a hillside planned development consisting of a 10-lot, single-family residential subdivision located on a 50 acre site northwesterly of the existing terminus of Longview Drive, the site is zoned HPD (Hillside Planned Development) District, subject to the 35 conditions modified by staff and with Conditions 14, 23, 33, 34 and 35 revised by Council as shown above, be introduced. The roll call vote was as follows: AYES: Councilmen Butler, Wood, and M~yor Brandes NOES: Councilmen Kephart and Mercer ABSENT: None MATTERS CONTINUED FOR DECISION Adpption of Ordinance No. 878 amendin~ Section 2-7.08(a) of Articl~ 8~ Chapter 2~ Title II of the Ordinance Code of .the City of Pleasanton which would revise com- prehensively the schedule of permitted and conditional uses in all of the commer- ~ja__lly zoned districts except the CR(M) and CR(P) District of the City of Pleasan- ton (Introduced 2-27-79~ At~ A~es) (Continued from 4-10-79) Mayor Brandes stated this Ordinance was introduced on February 27, 1979, by a vote of 5-Ayes, that it had been sent to the Planning Commission for their review, and that it was now in order to adopt the Ordinance. Mr. Harris presented his report dated April 16, 1979, regarding Planning C ission reaction to City Council changes to Case RZ-77-19. No action was taken on ' t~S report. After discussion, it was moved by Councilmember Mercer, and seconded by Councilmember Kephart, that Ordinance No. 878, amending Subsection 2-7.08(a) (Permitted and Conditional Uses) of Article 8 (C Commercial Districts), Chapter 2 (Zoning and Development), Title II of the Ordinance Code of the City of 13. 4/24/79