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14.7 Mr. Maines, Attorney representing Dr. Howard Long, requested that the hearing be conducted with general rules governing Judicial proceedings, in that he be heard first and then be allowed to speak last as the adversary. Mr. Scheidig indicated that he had no objection. It was moved by Councilmember Herlihy, and seconded by Councilmember Le- Claire, that this hearing proceed pursuant to Mr. Mainest request. The roll call vote was as follows| AYES: Councilmembers Herlihy, LeClaire, Philcox, and Mayor Kinney NOES: None ABSENT: Councilmember McLain Councilmember LeClaire requested that an opportunity for public testimoney be made at the earliest possible time in case the presentations by the applicant and staff should be lengthy. Mr. Maines and Mr. Scheidig indicated that they had no objection to allowing public testimony at an early point in the proceed- ings. It was moved by Councilmember LeClaire, and seconded by Councilmember Philcox, that the public be allowed to speak after Mr. Mainest first presentation. The roll call vote was as follows: AYES: Councilmembers Herlihy, LeClaire, Philcox, and Mayor Kinney NOES: None ABSENT: Councilmember McLain Applicant's Presentation Mr. Maines presented the background of the Longview project and procedural history of events related to tentative tract maps. He stated that in accordance with the Court mandate he had filed the proper variance and fee as required to proceed with this development. He stated the City returned his application and fee by letter stating that a variance was not required, only a modification. Mr. Maines presented reasons why he felt a private road would be in the best interests of the City, community, and developer, instead of a public street to this development, as follows: (1) limited ingress and egress; (2) cost of maintenance borne by homeowners; (3) privacy for large lot subdivi- sion; (4) similar project as Castlewood; and (5) only with private road could applicant afford the project. Mayor Kinney stated that anyone desiring to testify at this hearing that had not previously been sworn in should do so at this time. The Court Recorder swore in Sister Marietta, Sister of Holy Family, San Jose. Mayor Kinney recessed the meeting at 8:15 P.M. Mayor Kinney reconvened the meeting at 8:25 P.M. Public Testimony Jim Ahren, 9248 Longview Drive, stated that the road in question was in great need of repair and should be taken care of by whatever means the City and developer could agree upon to get the job done. Ed Meyers, Longview Drive, stated he felt the road should be corrected as soon as possible by whatever means necessary to eliminate the problems and hazards that exist at the present time. Francis Headley, 1640 Orchard Way, spoke regarding conditions and problems of Longview Drive. Sister Marietta, Mission San Jose, expressed concern regarding the safety of the road, and related an experience on Santos Ranch Road when she was involved in an accident. She expressed concern about the grade, width of the road, maintenance, and turnoutse 2. 9/15/75