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Lastly, Councilmember McGovern voiced concern with colors of the homes, particularly a "barn red" color. She confirmed that more natural colors will be proposed and reviewed by staff. Mayor Hosterman asked to mandate photovoltaic for the homes and for the re- utilization of water prior to it being sent to the bay. Councilmember Sullivan referred to page 5 of the specific plan and a table that shows the existing homes and maximum number of new homes in Happy Valley. He said there are 183 additional homes allowed and he questioned how many have been approved thus far. Ms. Decker said approximately 46 homes have been approved, which includes the golf course. Councilmember Sullivan referred to an email from Kevin Close expressing concern about approving more houses in Happy Valley without the bypass road and is currently tied into the Spotorno development for funding part of the bypass road. He questioned the status of this development. Mr. Fialho said the road project is attached to the future development of the Sportono flat property. There is no active development currently, staff has had some conceptual discussions with the family. Originally the project was under contract with Greenbriar Homes who has since let the option go and their application withdrawn, and the family is re- evaluating development options. However, he did not believe anything would result in an application being considered by the City in the next 12 -24 months. He said the bypass road alignment is still an approved alignment that will require the future developer to obligate themselves to construct. The funding partner is also the City because of the golf course so it will fund part of the road. Vice Mayor Cook- Kallio referred to the open space discussion, and confirmed that the land would remain natural. She questioned the homeowners association cost to maintain this, and Ms. Decker said staff has not yet investigated this as they are generally borne by the developer. Larissa Seto, Assistant City Attorney noted that if there are further land issues regarding mitigation of the wetlands, these would want to be avoided and this was the reason the City did not want to accept it as City open space. She confirmed with the City Manager that this was County -owned unincorporated land and only Parcel A will be annexed into the City. Mayor Hosterman opened the public hearing. Clancy Dutra, owner of the property, referred to page 6 of the Planning Commission minutes stating he attended Pleasanton Elementary school when it was up on the hill, he attended Amador High School when there were 300 students, he was not able to bring his consultant, Don Babbitt to the meeting but his civil engineer is present and can answer any questions. Mayor Hosterman closed the public hearing. Councilmember McGovern questioned the condition for well removal, and Ms. Decker referred to Condition 50, and well is covered under the engineering requirements. She confirmed with Ms. Decker that the condition can be amended to indicate that "it be used for landscape purposes only." MOTION: It was m/s by Hosterman/Thorne to introduce and waive first reading of Ordinance No. 1990 approving PUD -77, Dutra Trust, with added conditions as follows: Condition 11: Add "t" to the word, "no." Condition 14: Amend recycling of construction from 75% to be "80 Condition 29: Delete the statement about possible damages to impacts. Condition 50: Add wording to state that the well can only be used for landscape purposes only. City Council Minutes Page 7 of 20 April 21, 2009