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239 <br /> <br /> Mayor Kinney declared the Public Hearing open. <br /> <br /> Mr. Scheidig stated he would defer his comments until members of <br /> the audience had a chance to speak. <br /> <br /> Mr. Howard Bell, Attorney for Morrison Homes, was present and ad- <br /> dressed the Council. He stated that it was the applicant's position that <br /> aenial of this request isn't proper under the Superior Court judgment. <br /> .t the time of litigation, the property in question was thought to be a <br /> chool site. He stated further that Morrison feels that 41 lots would <br /> ot exceed the City's stated population projections and that Morrison <br /> uoes not wish a court confrontation. <br /> <br /> Mr. Jim Jordon, 7218 Stonedale Drive, spoke in opposition to the <br /> Morrison appeal, stating that he felt the City Council should follow the <br /> intent of the population projections they had adopted. <br /> <br /> Mr. Scheidig stated the judgment handed down from the Superior Court <br /> of Alameda County entitled the applicant to a certain number of units, <br /> which were divided into 79 single family units and 384 multiple units, <br /> and only the multiple units are now outstanding. He then read from <br /> the Findings of Fact, Conclusions of Law and the Judgment regarding the <br /> areas where Morrison Homes had allegedly been denied the right to build; <br /> these did not include the area in question for single family homes. <br /> Further, Mr. Scheidig re-emphasized that there is not sewer capacity <br /> available and the City is still under Cease and Desist Orders from the <br /> Regional Water Quality Control Board and recommended denial of this appeal. <br /> <br /> Mr. Bell was given an opportunity to rebut Mr. Scheidig's remarks. <br /> <br /> Mr. Bell told the Council that Morrison Homes would be willing to <br /> waive any claims for damages for one year due to the City's inability to <br />~furnish sewer capacity on the condition that the applicant be allowed to <br /> ,uild on this tract. <br /> <br /> Mr. John Griffin of Morrison Homes registered opposition to Condi- <br /> tion #8 of the staff report should the appeal be approved. <br /> <br /> Mr. Frank Brandes, 6889 Corte Sonada, spoke in opposition to this <br /> appeal. <br /> <br /> As no one else wished to speak, the Public Hearing was closed. <br /> <br /> Mayor Kinney asked the City Attorney if it would be appropriate to <br /> act on this matter this evening, given new testimony regarding waiving <br /> of claims for damages. <br /> <br /> Mr. Scheidig was not sure any claims for damages would be applicable. <br /> If the Council denies the appeal, they will be denying the map. The ap- <br /> plicant has the option to refile. <br /> <br /> Councilmember Herlihy felt that it would be possible to swap multiple <br /> units for single family units, but that the City ought to retain the <br /> powers that it has. He asked if this application requires a General Plan <br /> Amendment. <br /> <br /> Mr. Scheidig replied that one has already been prepared. <br /> <br /> Councilmember LeClaire stated that sewer connection limitations and <br /> ~he Cease and Desist Orders are a fact and moved, seconded by Councilmember~ <br /> ~erlihy, that Resolution No. 75-246, denying the appeal of Morrison Homes <br /> to an adverse decision of the Planning C~ommission to deny Tentative Tract <br /> Map 3606; an application to subdivide approximately nine (9) acres of land <br /> located on Woodthrush Road northeasterly of Woodthrush Park into 41 <br /> separate lots, be adopted. <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Herlihy, LeClaire, McLain, Philcox, and Mayor <br /> Kinney <br /> NOES: None <br /> ABSENT: None <br /> 3. 11-24-75 <br /> <br /> <br />