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to spend $400,000 without ever knowing if it could use those rights because the City controls whether that property would ever be annexed or not. This seems unfair and unreasonable. Mr. Sanger stated that it appeared that the only areas in need of capacity rights are only those areas that are unincorporated and therefore any future transfer with the same condition would render that transfer impossible. Mr. Sanger added that the annexation condition was not reasonable and asked Council to defer action on this matter. Mr. Sanger reminded Council that this action does not lock the City into providing connections to Redwood City sewer system. In response to Council questions, Mr. Sanger agreed that the purpose of the purchase is the contemplation that the capacity would be used on a part of the project Pacific Shores would like to go forward with, which would be annexed into Redwood City. Mayor Pro Tem Hartnett addressed the issue of Pacific Shores Limited coming back to Council in the future to address the restriction issues if circumstances changed and to ask Council to change the conditions of the consent so the capacity could be transferred for use outside the City of Redwood City. Mr. Sanger advised that he assumed the Council could change its mind at a later date, but that process did not address the risk today. Councilwoman Steinfeld expressed her displeasure at the City attaching conditions to an agreement between private individuals. In response to Council questions, Mr. Sanger advised that if the City did not consent to the proposed transfer of rights to Pacific Shores Center, seeking capacity rights from SBSA would be a possibility. Mr. Sanger advised that the rights as described in the agreement would attach to the land irrespective of the land's location inside or outside the City's jurisdiction and they would continue with the land forever. 4. Close public hearing; MIS: STEINFELD/LA BERGE TO CLOSE THE PUBLIC HEARING CARRIED BY UNANIMOUS ROLL CALL VOTE AND HEARING CLOSED AT 9:14 P.M. MINUTE ORDER NO. 95-189 5. Council action; In response to Council questions regarding the purpose of the conditions, Planning Director Patterson advised that the transfer of these sewerage capacity rights would allow the development of 1.5 million square feet of office space at this site or some other site outside the jurisdiction of the City. It is not prudent to just hand over that ability for a project that might be adjacent to Redwood City without having some control over how that sewer capacity would be used. Mr. Sanger had stated Pacific Shores Center wanted to have the subject property annexed to the City, so it did not Regular Meeting Minutes MINUTE BOOK NO. 53 September 25, 1995 Page No. 347 Page 11 . . ~--_.. . ...._..