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MOTION SECONDED AND FAILED DUE TO LACK OF A SECOND: Moved by <br /> Casey to modify the contract between the Town and STA, Inc. to require a 30% <br /> deposit. <br /> MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard <br /> and passed by the following roll call vote to adopt Resolution #26-91 approving and <br /> authorizing execution of the agreement for consulting services among the Town, <br /> HW & Associates and STA, Inc. for environmental review of the Lands of Eshner <br /> including exhibits A and B in an amount of $42,375 plus an administrative charge of <br /> $11,046.80 and also including the following addition on page 11 of the scope of work <br /> (exhibit B): "1. STA will evaluate the existing conditions including the proposed <br /> removal of the conservation easement <br /> AYES: Mayor Siegel and Councilmembers Hubbard, Johnson and Tryon <br /> NOES: Councilmember Casey <br /> The Director of Public Works staff report also noted that the one year time limit <br /> would probably expire before the EIR was accepted as complete by the Town. The <br /> applicant had already granted the Town a 90-day extension but this would not be <br /> sufficient. Therefore, staff had requested the applicant to waive all time lines <br /> associated with this project. It these time lines were not waived the Council may <br /> have to act on the requested map without the environmental issues having been <br /> resolved, in which case the request would be denied. <br /> The City Attorney referred to applicant's attorney's letter to the Council in which <br /> they asked for another 90-day extension. The City Attorney asked Council to suggest <br /> Mrs. Wong not request a second 90-day extension since the Government Code does <br /> not actually authorize a second extension. Instead the City Attorney asked that <br /> Council take the following two actions: 1) Ask Mrs. Wong to waive the time limits. <br /> The Code does not prohibit waiver; and 2) Direct the City Attorney to draft a <br /> resolution extending time limits under CEQA. <br /> James Jackson, applicant's attorney, noted that by waiving all lime lines they <br /> believed this would be saying the project could go on forever. If more time were <br /> needed after the 90-day period, they could ask for it and if the Town wanted, they <br /> could deny their request. Mr. Jackson did state, however, that if there were no <br /> alternatives, they would agree to a waiver of all time lines. <br /> PASSED BY CONSENSUS: To agree to another 90-day extension or to Mr. Jackson's <br /> waiver of time lines and to direct the City Attorney and Mr. Jackson to work <br /> together in deciding which course of action was more appropriate. <br /> hay June 5, 1991 <br /> Regular Meeting <br /> 4 <br />