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Mr. Swill could not reassure her because he had not analyzed what the developers are proposing to do against the Alameda County Solid Waste Management list. Mayor Pico stated that is not unusual for the Planning Commission or for staffto place conditions and requirements on applications as they move through. In this case, if we have an applicant who is willing to accept these kinds of conditions and terms and is not objecting to it, than he believed this is part of the process. If the developers are objecting to it, he indicated we would hear from them this evening. Mayor Pico opened the public heating and invited the applicant to make a presentation. Phil Rowe, representing Delco Builders and Mardell LLC, informed Council that they have entered into an agreement with Greenbriar to allow Greenbriar to purchase the property and keep the development process moving out there on Vineyard. This meeting is timely to be able to meet the deadlines of the agreement. He emphasized comments stated by Mr. Roush earlier and pointed out that in order to accommodate Mr. Hahner, they have made these changes subject to their purchasing of the property and completing the sale so there would not be any impact on Hahner if they did not complete the sale. He was hopeful they have satisfied all the issues and noted that Mr. Hahner is not necessarily happy with what is going on. He pointed out that they have done what they could in trying to accommodate all the parties involved in this. Pat Costanzo Jr., representing CJreenbriar Homes, stated that Greenbriar is in acceptance of all of the conditions of approval as recommended by the Planning Commission, except for Condition 43, where the Commission has asked for the Green Building measures to meet at least the 50 points. They do not know if they meet the 50 points and have asked to use the Heinz Building List, developed in the Heinz properties, which are the same plans that are being used on the property. The logic behind this is that the plans are already designed or in the plan check process, and have been designed to that Green Building List. He noted that they have worked hard with the Planning Commission and staffand the County of Alameda to create that list. They felt very strong in standing behind the list they have worked on. He believed that having the 50 points thrown at them leaves them in the position where they do not know enough to be able to commit that they can meet 50 points. He asked Council to approve the plans as they have requested, with the list that has been submitted using the same Green Building List as the Heinz project. As the previous speaker indicated, he pointed out that they have been trying for over two years to bring this project to fruition. They have taken on the management for the construction of the road that is currently occurring. He pointed out that Delco approached them and said they were not sure they could meet the time lines on the Hahner property and invited them to participate with them. He noted it made sense to pull together our two projects as they only having 18 lots on the Heinz property. It would allow Greenbriar the opportunity to obtain some mass, which would allow them to start development out in that Corridor. They believed successful acquisition in closing on the property would allow them to start construction as early as this year. He asked for Council's support in the application. Pleasanton City Council 13 10/07/03 Minutes