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area. He assured her that the city has the capacity to do the same here and estimated this would <br /> actually be an easier area to supervise due to its location. <br /> Mayor Thome opened the public hearing. <br /> Brad Hirst, applicant, said it has long been the hope of the Austin family that the open space site would <br /> be conveyed to the city and that it would serve to complement Alviso Adobe Community Park. He <br /> thanked staff, particularly Mr. Lowell, for a smooth and responsive process in drafting the Development <br /> Agreement. He shared his full support for the amendment presented this evening. He also clarified that <br /> the cattle fencing discussed earlier would be installed around the eight residential lots, not the <br /> perimeter of the entire property. <br /> Councilmember Brown noted there was a strong sentiment expressed earlier that evening that <br /> developments should not be permitted to move forward when water resources are so limited, such as <br /> when the city is experiencing a Level 3 or 4 drought. She said she did not see language addressing this <br /> in the Development Agreement. <br /> Mr. Lowell advised that the Development Agreement vests the developer's rights to proceed. Including <br /> a provision to this effect would require agreement by the applicant, which may or may not be offered. If <br /> the Council chose not to enter into the agreement for this reason, the property owners would still have <br /> the ability to come forward and obtain their Final Map, which is a ministerial action and would vest the <br /> entitlements immediately. He advised that this is not the most appropriate place to accomplish what she <br /> is looking for. He instead recommended that if the drought situation were to worsen, the Council could <br /> make the findings to declare an emergency and institute a moratorium on the issuance of water permits <br /> for all new development. <br /> Larry Messa said he supported the Council's recommendations regarding the task force. He reported, <br /> however, that he and at least two other neighbors did not receive notice of tonight's hearing. He said he <br /> reported the issue to Ms. Yuan-Miu last week who looked into and confirmed that the Planning <br /> Department had issued the notices. <br /> Mayor Thorne closed the public hearing. <br /> Councilmember Brown said she was not comfortable voting on a matter that was not properly noticed. <br /> Mr. Fialho assured her that staff would look into the matter. He explained that this is an ordinance, with <br /> a second reading scheduled for the Council's meeting in August. He advised that the Council could <br /> introduce the ordinance tonight, direct staff to issue a second notice regarding the second reading, and <br /> hear additional public input at that time. <br /> Vice-Mayor Pentin asked if the letters could be sent Certified Mail. <br /> Mr. Fialho said "no" but again assured the Council he would work with the post office to resolve the <br /> situation. <br /> Councilmember Brown reiterated her discomfort. She said that first readings are particularly important if <br /> there were ever to be a referendum on the project and that neighbors really deserve an opportunity to <br /> be heard at both readings. <br /> Vice-Mayor Pentin said he would be comfortable moving approval, provided a notice was issued for the <br /> second reading and the matter was placed under Public Hearings rather than on the Consent Calendar. <br /> Mayor Thorne reopened the public hearing. <br /> City Council Minutes Page 14 of 16 July 15, 2014 <br />