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241
<br />
<br /> Mr. Peter Turner, Attorney representing T. K. McManus, stated his property is
<br />in the Sunol District and he had not been able to purchase sewer permits. He did
<br />not feel it is fair to his client not to be allowed to receive sewer permits and
<br />RAP allocation because of the location of his property and circumstances which
<br />prohibited sewer allocation.
<br />
<br /> Mr. Joe Madden, 3851 Vineyard Avenue, stated that Council had previously stated
<br />there would be a set-aside for the small developer, and he did not see where this
<br />had been done in Mr. Walker's review of remaining sewage treatment capacity. He
<br />requested this be included.
<br />
<br /> There being no further testimony, Mayor Mercer declared the public hearing
<br />closed.
<br />
<br /> It was moved by Councilmember Kephart, and seconded by Councilmember Butler,
<br />that allocations be set annually rather than semi-annually.
<br />The roll call vote was as follows:
<br />AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer
<br />NOES: None
<br />ABSENT: None
<br />
<br /> After discussion, it was moved by Councilmember Butler, and seconded by Council-
<br />member Kephart, that language be added to the "first-come, first-serve" section
<br />modifying it by adding to the process an alternative method of selection of smaller
<br />projects that would allow a period of notification of intent to apply and, if there
<br />are more units applied for than units in the allocation set aside for smaller projects,
<br />then Council would determine whether to use another system, such as pro rata or lottery
<br />system of allocation, rather than first-come, first-served.
<br />The roll call vote was as follows:
<br />AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer
<br />NOES: None
<br />ABSENT: None
<br />
<br /> After further discussion, it was moved by Councilmember Butler, and seconded by
<br />Councilmember Kephart, that language be added to the ordinance and guidelines that
<br />City Council will give priority consideration to those developers who have purchased
<br />sewer capacity and who lie within certain annexations in entering into a long-term
<br />contract with the City, but that all permits must be used within a certain time, and
<br />that some permits will be reserved for allocation elsewhere as deemed appropriate.
<br />The roll call vote was as follows:
<br />AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer
<br />NOES: None
<br />ABSENT: None
<br />
<br /> It was moved by Councilmember Butler, and seconded by Councilmember Kephart, that
<br />Resolution No. 82-52, determining on the basis of a review of initial environmental
<br />study done for this project, that no significant environmental impact would occur as
<br />outlined in the City's guidelines and that a negative declaration is appropriate to
<br />modify the City's growth management regulations by amending Title II, Chapter 13
<br />(Residential Allocation Program) in its entirety, be adopted.
<br />The roll call vote was as follows:
<br />AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer
<br />NOES: None
<br />ABSENT: None
<br />
<br /> It was moved by Councilmember Butler, and seconded by Councilmember Kephart, that
<br />Ordinance No. 1023, to be read by title only and waiving further reading thereof,
<br />approving modification of the City's growth management regulations by amending Title
<br />
<br /> 13. 2/9/82
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