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<br /> Councilman Leipzig expressed concern that Council support of a voluntary agreement <br /> would in fact, effectively stop all development on Laurel Way. Councilman Leipzig asked <br /> that the staff and Council provide other options to the property owners. <br /> Councilman Ruskin advised that the City did not have an obligation to pay anything <br /> towards the EIR not even the 18%, and stated the other available options were not likely to <br /> happen due to their complexities and the need for participation by so many property <br /> owners. <br /> Mayor Hartnett said the requirement of an EIR was the proper public policy not only for <br /> Laure! Way, but in many instances in the City, and said an EIR does not preclude <br /> development. Mayor Hartnett said voluntary agreements can work, and reminded <br /> everyone that five Laurel Way property owners had already voluntarily joined together to <br /> propose rebuilding part of Laurel Way at a cost of $200,000. He added that the voluntary <br /> agreement for an EIR described by staff appeared to be a fair and equitable way to go. <br /> ITERATION OF THE MOTION <br /> MIS: CLAIRE/BUCHAN TO APPROVE STAFF RECOMMENDATION FOR A <br /> VOLUNTARY EFFORT TO PRODUCE AN EIR WITH CITY PARTICIPATION OF A <br /> MAXIMUM OF 18 PERCENT (PERCENTAGE OF TOTAL PUBLIC RIGHT OF WAY <br /> WITHIN THE LAUREL WAY SUBDIVISION) <br /> APPROVED BY THE FOLLOWING ROLL CALL VOTE: <br /> AYES: COUNCIL MEMBERS BUCHAN, CLAIRE, HOWARD, RUSKIN AND <br /> MAYOR HARTNETT <br /> NOES: COUNCILMAN LEIPZIG <br /> MINUTE ORDER NO. 96-267 <br /> City Attorney Schricker made a recommendation to the Council: "Since this is <br /> something of an unprecedented action, if indeed the occasion does occur and we go <br /> forward with it, I recommend that ... any approval for contribution to the EIR not be <br /> deemed a precedent with respect to participation in any improvements that may occur <br /> later. (There is a) notion of fair share and pro rata contributions based on the area of <br /> public property within this region, but it would be quite unprecedented for the City to <br /> contribute further in the context of public improvements, and that could add up <br /> considerably. So I would assume that context was the true intent of the Council and you <br /> may want to state that as a policy issue when it comes before you again." <br /> Mayor Hartnett affirmed that the Council "did make comments along those lines when <br /> we were discussing the contribution to roads, and those comments would be equally <br /> applicable in this context." <br /> MEMO 10/29/96 <br /> REGULAR COUNCIL MEETING OCTOBER28,I996 <br /> MINUTES MINUT ¡¡WOK NO. 54 PAGE 15 <br /> Paqe No. 565 <br />