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Mayor Pro Tem Hartnett stated it was his understanding that the City in fact does have a lawful role with respect to consenting to the transfer, and that the City is legally entitled to impose restrictions that the City considers to be reasonable with respect to the transfer. City Attorney Schricker agreed. Mayor Pro Tem Hartnett stated that the restrictions recommended to Council while discretionary in terms of the Council adopting those restrictions, do pass the minimum legal test of reasonableness. City Attorney Schricker agreed. In response to Councilwoman La Berge's questions, City Engineer Luck advised that in reference to SBSA's expansion plans, the County, a client of Redwood City in the JPA, did want to expand their capacity. City Engineer Luck advised the cost had been established at $2.50 for Stage 2 capacity, but that could change. In response to Council candidate Councilman Sanfilipo's questions, City Attorney Schricker advised that the sewerage capacity rights would not revert to the City if they were not used for that property, without paying for them. There is a reversionary clause that pertains to the private parties but not to the City. The Council could add "if annexation didn't occur within a given period of time which could be expressed in the resolution, then the parties may apply for use of the sewerage capacity outside the City." That is within the jurisdiction of the Council. Mayor Pro Tem Hartnett reminded everyone that the Council was not considering this issue without precedent, that prior Councils had faced similar situations (at least three occasions which had been previously cited) where there had been a transfer consented to conditioned upon annexation into the City. Mayor Pro Tem Hartnett expressed his support for adding a time period wherein the applicant could come back to the Council with some indication of changed circumstances and ask for permission to use the capacity rights other than on the property in question. TITLE READ. MIS: BUCHAN/LA BERGE RESOLUTION NO. 12612 CONDITIONALLY CONSENTING TO PROPOSED SALE OF CERTAIN SANITARY SEWERAGE TREATMENT CAPACITY RIGHTS (ROHM AND HAAS CALIFORNIA, INC./P ACIFIC SHORES CENTER LIMITED PAR TNERSIDP) ADOPTED BY THE FOLLOWING ROLL CALL VOTE. AYES: COUNCIL MEMBERS BUCHAN, HOWARD, LA BERGE, SANFILIPO MAYOR PRO TEM HARTNETT NOES COUNCILWOMAN STEINFELD ---------------------------------------------------------------------------------------------------------------------- Regular Meeting Minutes MINUTE BOOK NO.53 Page No. 349 September 25, 1995 Page 13 ....--.... ..o, """-"'-""'--""'...-.-........."....----....