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It was moved by Councilmember Brandes, and seconded by Councilmember Wil- <br />son, that Ordinance No. 1321, to be read by title only and waiving further <br />reading thereof, and after making a finding that the proposed development plan <br />is consistent with the purposes of the PUD District, approve PUD-87-16, ap- <br />plication of the City of Pleasanton for development plan approval to allow the <br />construction of an eight million gallon water reservoir, pumping stations, <br />drainage ways and structures, transmission lines, and other related improve- <br />ments, to be located generally in the area of an approximately 2.34 acre site <br />located approximately 1,300 feet northeast of the intersection of Sycamore <br />Road and Alisal Street, subject to conditions as listed on Exhibit A of Staff <br />Report 87:301, be introduced. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes, Wilson, and Mayor Mercer <br />NOES: None <br />ABSENT: Councilmember Butler <br />ABSTAINED:Councilmember Mohr <br /> <br />Protest Hearing in Regard to Resolution of Necessity for Public Improvements <br />required for proposed construction of Sycamore Water Reservoir <br /> Mr. MacDonald presented his report (SR 87:293) dated July 7, 1987, regard- <br />ing this matter. <br /> <br /> Councilmember Mohr abstained from participating in the Harris portion of <br />this item due to Conflict of Interest. <br /> <br />Mayor Mercer declared the public hearing open on this item. <br /> <br /> Mr. Harvey Levine, 4637 Chabot Drive, representing the Lund Ranch, stated <br />they are not contesting the need of the piece of land for the water reservoir; <br />but are not satisfied with the appraisal price for the acquisition of the <br />property. He stated the City had an appraisal completed; he feels the ap- <br />praisal of $128,000.00 is quite low. He stated he is having an appraisal done <br />and when that is completed he would like to discuss the matter further with <br />the City before any action is taken. He advised there might be litigation <br />relative to this matter if a satisfactory conclusion is not reached. Mayor <br />Mercer stated this item has already been continued for almost a year at the <br />request of the Lund's. <br /> <br /> There being no further testimony, Mayor Mercer declared the public hearing <br />closed on this item. <br /> <br /> It was moved by Councilmember Brandes, and seconded by Councilmember Wil- <br />son, that Resolution No. 87-292, adopting a Resolution of Necessity for the <br />Lund property required for the public improvements required for the construc- <br />tion of the Sycamore Water Reservoir; authorizing the City Attorney to file an <br />eminent domain proceeding to obtain immediate possession of the subject prop- <br />erty and authorize the Finance Director to deposit the appropriate amount with <br />the State Condemnation Fund in order to obtain immediate possession of the <br />property, and continuing an open record for the commitment from the State for <br />purposes of notification on the Williamson Act, be adopted. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes, Mohr, Wilson, and Mayor Mercer <br />NOES: None <br />ABSENT: Councilmember Butler <br /> <br />227 <br /> <br />10 - 7-7-87 <br /> <br /> <br />