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Item 4b Preannexation Aqreement for Robert and Susan Deee (6745 Alisal Street) (SR04:249) Michael Roush presented the staff report. Mr. Brozosky indicated he would like the language of the agreement to indicate the read should be under construction, not just approved. Mayor Pico asked if the Dees family had reviewed the new language of the agreement. Mr. Roush was not certain. They had reviewed the previous language, which was more restrictive, and since the current language is less restrictive, he felt they would not have a problem. Ms. Hosterman was uncomfortable making the changes without the Dees family reviewing the changes. Mr. Roush said the previous language indicated that if there is another annexation election, the Dees would have to vote for annexation with no reference to the bypass read. From staff's point of view, the current language is less restrictive and therefore staff felt the Dees family would agree. Mr. Brozosky referred to the agreement and indicated the paragraph of concern was Section 2, on page 2, last sentence. "more specifically, by signing this Agreement, Owners acknowledge and agree that if any annexation is subject to an election, the Owners deem that their votes are counted as votes in favor of annexation if at the time of the election the City Council has approved a development plan that provides for a read that is intended to take golf course traffic off Alisal Street and Happy Valley Road." He would like that to say that the read construction was already started or completed. Mayor Pico asked for public input. Kevin Close, 871 Sycamore Road, felt the current language was less restrictive for the City. There is already a plan for the bypass road and there is no idea if or when it will be built. Vanessa Kawaihau, 871 Sycamore Road, said she liked the prior language better because it allowed the property owner to protest the annexation if the City changes the land use designation on the 1996 General Plan. That guaranteed that the Happy Valley Specific Plan would not be changed. She felt the Dees have no choice but to sign the agreement because their septic system has failed and the County will not allow them to rebuild it because they are within 200 feet of the City sewer line. She felt if the wording of the pre-annexation agreement is changed, she would like stronger terms requiring actual construction of the bypass road and to include "any land use change from what is designated in the 1996 General Plan", which is two acre minimums. Jerry Wagner, 6344 Alisal, said he agreed with Mr. Brozosky. He felt the vote by the Dees should be for annexation only if the bypass road is under construction. Planning for construction could take years and is not acceptable. Pleasanton City Council 5 10/05/04 Minutes