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Mr. Lum indicated it was because of the differences in valuing the system and the <br />resultant differences in the price for acquisition. Negotiations are continuing, however, this sets <br />an amount for the deposit to allow the city to take possession of the street lights prior to <br />completion of the eminent domain action. <br /> <br /> Ms. Dennis asked if the price could be lower if the system is not found to be in as good <br />condition as expected? <br /> <br /> Mr. Lure said it was possible but not likely. <br /> <br /> Mr. Tarver asked what effect this has on the equipment replacement fund by taking <br />$500,000 out of it? <br /> <br /> Ms. Rossi indicated it would deplete the fund. This would be an advance. ABAG has <br />offered a program to finance the purchase and the City would then reimburse itself. <br /> <br /> Mayor Tarver declared the public hearing open. <br /> <br /> There being no speakers, the public hearing was closed. <br /> <br /> It was moved by Ms. Mohr, seconded by Ms. Michelotti, to adopt Resolution No. <br />96-46, a resolution of necessity for the acquisition of street lighting facilities by eminent <br />domain; and to adopt Resolution No. 96-47, declaring the official intent to reimburse <br />expenditures from the proceeds of tax exempt securities for the acquisition of aH Pacific <br />Gas & Electric (PG&E) street light facilities located within the City of Pleasanton. <br />The roll call vote was as follows: <br />AYES: Councilmembers - Dennis, Michelotti, Mohr, Pico, and Mayor Tarvet <br />NOES: None <br />ABSENT: None <br />ABSTAIN: None <br /> <br />Item 6d <br />PUD-90-01-3M/Kaufman and Broad South Bay. Inc. <br />Application for a minor modification to an a_nproved planned unit development to modify <br />the five-foot side yard setback requirement for five homes {3364 Hartwell Court, 3373 <br />Hadsell Court. 3662 Anniv Circle. 3666 Annis Circle. and 3682 Ann[~ Circle) to reflect the <br />existing encroachmerits of the homes' porehes into the required five foot side yard setback. <br />(SR96: 129) <br /> <br /> Brian Swift presented the staff report. <br /> <br /> Mayor Tarver declared the public hearing open. <br /> <br />05/07/96 -17- <br /> <br /> <br />