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145 Councilmember Brandes also commended Mr. Madden and Mr. Adams for the job they have done in providing the moderate priced units. It was moved by Councilmember Mercer, and seconded by Councilmember Brandes, that Resolution No. 82-181, approving the modification of terms for Residential Allocation Program exemption for Joe Maddents Shadow Creek project; that the re- quirement that 20% of the units be reserved for low income families be removed from the Shadow Creek project; that the original conditions for the project which called for 25% of the units be reserved for low or moderate income families, as shown in Ordinance No. 937, apply to the Shadow Creek project; that the developers of the Shadow Creek project establish a pool of $36,000 to assist families by providing second loans to get into the units with minimum down payments, and that these second loans be provided for a three year period at interest rates not to exceed 12%; and that the 10 low income units be returned to the low income housing re- serve, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, and Mayor Butler NOES: Councilmember Wood ABSENT: None REPORTS OF THE CITY ATTORNEY Consideration of Lon~-TermA~reement~ Orloff Property Mr. Swift presented his report (SR 82:193) dated May 28, 1982, regarding this matter. Mayor Butler gave a brief summary of the negotiations that had taken place be- tween the developer and the Council Committee and made available to the Council copies of the draft agreement. Duncan Matteson and John Ferreri, representing the developers, indicated that several minor wording changes should be made in the agreement and that basically they were in agreement. They then asked for modification of the clauses (1) requir- ing contributions to the Housing Fund, and (2) not guaranteeing sewer capacity. After discussion, it was moved by Councilmember Brandes, and seconded by Council- member Mohr, that Resolution No. 82-182, approving the draft Long-Term Agreement for the 170-unit apartment/townhouse project on the Orloff property behind the Amador Plaza Shopping Center, with the following modifications: (a) that minor word changes be made; (b) Paragraph IV stating the agreement does not quarantee sewer capacity remain in the agreement; (c) Paragraph III pertaining to contributions be as shown in the Draft; (d) Paragraphs I and II be adjusted to allow permits to be secured at any time but that no more than 107 units be occupied in 1982, and that all units must be under construction before the end of calendar year 1983 or the approval will lapse; and that the City Attorney write a letter for the developers stating that sewer capacity is now available for the project, the purpose of the letter being to assist the developer in obtaining financing for the project; and authorizing the appropriate City officials to execute the agreement, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, and Mayor Butler NOES: Councilmember Wood ABSENT: None OTHER DISCUSSION Mayor Butler stated he had received a request from Kaiser Permanente asking the Council to consider a separate benefit schedule in the North Pleasanton Assessment District for hospitals. 2. 6/2/82