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Ms. Dennis said it was a means to see if there was a way to get the bypass road. <br /> <br /> Mayor Tarver felt there was still no guarantee. We can go to the Happy Valley <br />people and say we have taken additional steps to do everything possible to get a bypass <br />road. For example, we have signed a preannexation or development agreement that <br />grants the Spotornos some level of development rights without going to the vote, if it is <br />done within a certain period of time. Then those rights are lost. The responsibility is on <br />the Spotornos to find a developer and create a plan that can be approved within the <br />limited period of time. He did not want any chance that a majority of Council could vote <br />down the project or a referendum could rescind the project and the people, who had relied <br />on getting the road to vote for annexation, would then have lost their rights to object to <br />annexation. <br /> <br /> Ms. Acosta indicated that the agreement should provide that nothing can be built <br />on the Spotorno property without the bypass road being part of it. <br /> <br /> Mayor Tarver said that after November 2, Council will know what the rules are. <br />If it is important enough to the City to say we have a Specific Plan that calls for a bypass <br />road, we have approved the golf course, and one additional step is to say we give you two <br />years or some period of time to bring a PUD consistent with the Specific Plan that <br />Council can approve. His problem was that he did not want to be viewed as taking away <br />the community' s rights to a referendum. <br /> <br /> Ms. Dennis asked if an agreement could be drafted that says provided the bypass <br />road is preserved, the proposal could also include a Specific Plan amendment that <br />accomplishes that and addresses staffs concerns with the previous proposal. <br /> <br /> Ms. Acosta stated the Specific Plan already gives Council the ability to get the <br />bypass road. Council can amend the Specific Plan at any time if it finds a plan that it <br />likes. <br /> <br /> Ms. Michelotti felt a density transfer could be allowed without amending the <br />Specific Plan because the number of units would not be increased. That would provide <br />good faith to the people in Happy Valley that Council is trying to proceed with the bypass <br />road. <br /> <br />Ms. Ayala did not feel it was an incentive to annex to amend the Specific Plan. <br /> <br /> Mayor Tarver felt the Happy Valley residents would only approve that if they had <br />a chance to vote on the Spotomo project. The Happy Valley people have indicated they <br />do not want houses in the flat land. He did not think they would agree to that trade-off. <br />If the CAPP Initiative passes, the Spotorno project will require a vote of the people. The <br />representative of the Spotoruo family has said if that is necessary, then they will not <br />develop and there will be no bypass road. He was basically concerned with completion <br />of the Specific Plan that has been in the process for years. If this will help in some way <br />to communicate to the people in Happy Valley that the City has taken every step possible <br /> <br />Pleasanton City Council 24 <br />Minutes <br /> <br />10/26/99 <br /> <br /> <br />