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Councilm~anber Mercer stated that Mr. Oakes has signed agreements and has complied with the requirements of the City, therefore, the City has a moral obligation to honor these commitments. Councilmembers Butler and Wood concurred. After considerable discussion, it was moved by Councilmember Mercer, and seconded by Councilmember Butler, that Resolution No. 79-202, denying the application of the Planning Commission to fezone a roughly 95 acre area located east of the developed portion of the Fairlands area (bounded generally by 1-580 on the north, the City Limits o~ the east~ the Arroyo Mocho on the south, and existing development on the west) from the R-1-6500 (Single-Family Residential-6,500 sq. ft. minimum lot size) District to the R~I-iO,000 (Single-Family Residential-lO,000 sq. ft. minimum lot size) District or any other zoning district consistent with the General Plan, be adopted. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, and Wood NOES: Mayor Brandes ABSENT: None Mayor Brandes recessed the meeting at 11:30 P.M. Mayor Brandes reconvened the meeting at 11:35 P.M. Council discussion ensued regarding the possibility of the 8.8 acre site (Tract 3148) and the .27.20 acre site (Tract 3133), receiving RAP permits in the December allocation. The City Attorney advised it was very likely these parcels would not receive RAP approval for sewer permits because of their position on the 1972 Settle- ment Agreement priority list. It was moved by Councilmember Butler, and seconded by Councilmember Wood, that Resolution No. 79-203, denying without prejudice, the appeal of denial of application of George Oakes, Amador Valley Investors, to fezone an 8.8 acre site located east of the existing development on Churchill Drive and south of the extension of Fairlands Drive from the R-1-6,500 (Single-Family Residential) District to the PUD (Planned Unit Development) District and for development plan approval for a 41 lot single- family detached residential subdivision, be adopted. The roll call vote was as follows: XYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None Due to the above decision, no action was required or taken by Council regarding the Negative Declaration relative to this application. It was moved by Councilmember Butler, and seconded by Mayor Brandes, that Resolu- tion No. 79-204, denying without prejudice, the appeal of denial of application of Amador Valley Investors for rezoning of an approximately 27.20+ acre parcel located just east of the existing terminus of West Las Positas Boulevar'd described as Assessor's Parcel No. 99B-3961-27-2 from "A" (Agricultural) District to the PUD (Planned Unit Development) District, be adopted. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None Due to the above decision, no action was required or taken by Council regarding the Negative Declaration relative to this application. After discussion, the Mayor advised Mr. Oakes he could resubmit these applications to the City without charge. 13. 10/23/79