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i I ' � <br /> 64 <br /> ,. <br /> MOTION. Councilman Barrett moved, �econded by Councilman Bury, <br /> that the proposed Joint Fire Tra�ning Officer Program with San <br /> Garlos and Belmont be approved Tn concept and that staff be in- <br /> structed to draft the sub�ect contract for review and approval by <br /> the three c�ties. <br /> The motion carried unanimously by voice vote. , <br /> (MINUTE ORDER N0. 78=9) <br /> a Consent Calendar <br /> Mayor Leipz�g advised that she had received two requests that the <br /> proposed resolution relating to the agreement on Farm Hill Sub- <br /> division No. 5 be considered separately. There being no ob�ection, <br /> Mayor Leipzig stated that the resolution would then be considered <br /> separatelY at th�s time and out of order on the Consent Calendar. ' <br /> Chester Lebsack, neighbqr of the Farm Hill property and_an attorney, <br /> and John Rosselli, 950 Nob H�71 Rpad, a7so a neighbor, inquired <br /> concerning the content of the agreement. Mr. Lebsack said that <br /> he had not read the agreement and had been unable to obtain a <br /> copy of it. A copy of the agreement was handed to Mr. Lebsack. <br /> C�ty Attorney Schricker advised that RESO4UTION N0. 7958 adopted <br /> on December 19, 1977 approved and authorized execution of the <br /> agreement relating to the sale of and fiuture construction upon <br /> Lots 13, 14 and 15, Block 1,'Farm H�11 Subdivis�on No. 5, and <br /> � that the proposed resolution merely modified the agreement with <br /> regard to payment and time for payment. Mr. Schricker described <br /> the terms of the a�reement, observing that �t is to be entered � <br /> into by the City pursuant to court order under terms of settlement <br /> of pending l�tigation. _ <br /> Mr. Rosselli and Mr. Lebsack challenged the agreement, making cer- <br /> tain allegations concerning'it. Mr. Schricker repeated that the <br /> , City is dealing under court �urisdiction and stated that if Mr. <br /> Rosselti and Mr. Lebsack have serious concerns about the agreement, <br /> , they have an obligat�on to appr�se the court and all involved <br /> parties accordingly and that arguments on the matter should be <br /> made in court where they can be answered properly. <br /> Mr. Schricker stated that as a party to the litigat�on, he is <br /> willing to ask for a special court hearing so that Mr. Rosselli <br /> and Mr. Lebsack may make known their concerns to a11 involved <br /> parties. Mr. Schricker, urged them to accept his invitation to <br /> arrange such a special hearing and/or a meeting with the lit�gants. <br /> Mr. Rosselli and Mr. Letsack re�ected the invitation. <br /> SNOTE. A verbatim transCript of the entire City Council pro- <br /> ceedings regarding the �ro�osed resolution relatin to the a ree- <br /> ment on Farm Hi�l Subdivision No. 5 is on�f� e in the Office of <br /> t e City C erk <br /> At the suggestion of Councilman Biagi, and there being no objection, � <br /> Mayor Leipzig declared that Council would consider the other items <br /> on the Consent Calendar at this time and return to consideratian <br /> of the Farm Hill agreement later <br /> Reg Mtg. -3- <br /> 1/16/78 <br />