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143 Mr. Martin Inderbitzen, Attorney, 62 West Neal Street, representing the applicant, noted that the agenda stated the Planning Commission recommend ap- proval of this item when in fact they are not required to consider this item or take action on it. He presented a letter to Council to supplement the pro- posed findings submitted on behalf of his client in connection with this can- cellation request. The lists are provided as additional data for the findings set forth in Section A-5 and B-2 of the staff report. No one in the audience spoke in opposition to this item. -- There being no further testimony, Mayor Brandes declared the public hear- ing closed. It was moved by Councilmember Mercer, and seconded by Councilmember But- ler, that Resolution No. 86-482, approval of WA-86-2, application of Lawrence and Victor Lund, Jr., for cancellation of Williamson Act Land Conservation Agreement (Agricultural Preserve 1974-15) for an approximately 53 acre site, located generally in the area east of the terminus of Junipero Street and San Jose Drive, making the findings as recommended by staff and supplemental find- ings suggested by applicant, subject to conditions and contingencies set forth in Staff Report 86:418, and directing the City Clerk to record the Certificate of Tentative Cancellation setting forth the name of the land owner requesting IX') cancellation, the fact that Certificate of Cancellation of Contract will be (~J issued and recorded at such time as such specified conditions and contingen- (/] cies are satisfied, a description of the conditions and contingencies which ~ must be satisfied, and legal description of the property, be adopted. rlF) The roll call vote.was as follows: AYES: Councilmembers Butler, Mercer, Mohr, Wood, and Mayor Brandes ~ NOES: None ABSENT: None WA-86-1, Application of Frederick and Jennifer Lin for cancellation of Wil- liamson Act Land Conservation Agreement (Agricultural Preserve 1971-73) for an approximately 230 acre site, located generally in the area south of the inter- section of Kottinger Drive and Bernal Avenue .... Mr. Swift presented his report (SR 86:441) dated October 7, 1986, regard- ing this matter. Mayor Brandes declared the public hearing open on this item. Mr. Martin Inderbitzen, Attorney, 62 West Neal Street, representing the applicant, stated his comments presented in the previous application also ap- ply to this application. He presented a similar list of proposed findings. No one in the audience spoke in opposition to this item. There being no further testimony, Mayor Brandes declared the public hear- ing closed. It was moved by Councilmember Butler, and seconded by Councilmember Wood, that Resolution No. 86-483, approval of WA-86-1, appliction of Frederick and Jennifer Lin for cancellation of Williamson Act Land Conservation Agreement (Agricultural Preserve 1971-73) for an approximately 230 acre site, located generally in the area south of the intersection of Kottinger Drive and Bernal Avenue, making the findings as recommended by staff and supplemental findings recommended by applicant, subject to conditions and contingencies set forth in 15 - 10-7-86