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approval and for the development agreement. Mr. Bates requested the fight to give comment if there is any opposition. Karl Geier, attorney with Miller, Start & Regalia 1331 North Califomia Boulevard, Walnut Creek, California, representing New Cities Development Group, commented that at the April 1, 2003 meeting, the comments that Mr. Bates referred to, that came from Thomas Ranch HOA and the Mayor of San Ramon, actually did not happen in the record of this particular application. They happened in the Public Comment period, after the matter had been continued. Technically, Mr. Gieir did not think this should be part of the record. Mr. Bates felt that he needed to respond to those comments because Mr. Bates feels quite strongly about some of the allegations that have been made and the attacks on the character of his company. Mr. Geier also mentioned that he believed the City is in possession of letters from the City of San Ramon, one of them a letter from Mayor Wilson on behalf of the City Council in which he makes it clear that there was no City Council authorizations to the comments that he made at the April 1 meeting, and a subsequent letter from him personally to this Council apologizing for any misconstruction that might be placed on what he said at the April 1st meeting. (The letters were placed in the record for this matter.) Mr. Geier said he felt Mr. Bates has summarized adequately the process New Cities has gone through. They feel that the past few months of communication with City staff have been in good faith and there have been very up front discussions on a number of issues through the negotiation of this fee agreement. They do feel there were some aspects of the previous delays prior to the request for the extension that were definitely a result of things dragging on longer than anticipated. From a fairness standpoint he felt that the City should be giving this extension consideration, aside from the benefits that they feel it provides to the City. He requested that the City Council approve the funding agreement and minor modification for the September 15, 2003 deadline. The funding agreement is contemplated to provide funds for the Happy Valley area in general. It should not be misunderstood as a totally open blank check for the City to use anywhere it pleases. It is understood by all parties that it is for this area. The public hearing was opened. Kevin Close, 871 Sycamore Road, agreed with the staff report on the funding and growth management. This project includes a second leg of the east/west collector streets, which leads to the Sportono property and the golf course property, which includes the bypass road. If the Council sends this project back to the Planning Commission the east/west collector road may also be returned to the Planning Commission. If that happens it becomes another delay of never getting a bypass road installed. This could easily add three to five years to getting this property developed. Mr. Close agreed with the growth management agreement because the project needs to keep moving along Vanessa Kawaihau, 871 Sycamore Road, said that without this project they are going to be months closer to realizing a 30 year delay in seeing the bypass road built. She said they would see all of the increased traffic to the loop roads, roads that are not Pleasanton City Council 9 04/15/03 Minutes