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November 10, 2008 Item No. 7B <br />Page 3 <br />Due to the size of the SIP that had to be developed to meet the RCWD requirements, the <br />philosophical approach taken was that the City would identify and utilize those locations <br />where the construction of an infiltration feature would be cost effective and would provide <br />the most overall benefit to the project and the community while minimizing negative impact <br />to the adjacent property. Any successful appeal to the SIP would require a real hardship. <br />Applying this philosophical approach to the appeals received, Staff did not feel that any <br />met the necessary criteria to be upheld. <br />Other Reference Materials <br />Numerous additional background documents related to this issue and the development of <br />the SIP have been prepared, and have been included in previous meeting packets of both <br />the City Council and the Streets and Utilities Committee. In the interest of length, only the <br />most pertinent documents have been included with this Staff Report. Please refer to those <br />other documents if additional background information is desired. <br />Council Review and Action <br />The Streets and Utilities Committee has specifically recommended that each appeal be <br />reviewed individually. Staff concurs with this recommendation. Each property owner who <br />has submitted an appeal has been provided with a copy of the Staff response. They have <br />also been notified of the Council discussion to be held on November 10, 2008 so they may <br />be present if they would like to be. <br />Once Council has reached a conclusion on each appeal, it is recommended that the <br />decision be recorded via resolution. It is the opinion of Staff that a single resolution can be <br />adopted for all appeals, with each property address listed individually within the resolution. <br />Recommendation: <br />Resolution 7352 has been prepared based on the above discussion and the Staff <br />recommendation for each appeal. The Resolution is attached to this Staff Report for <br />consideration by the City Council. <br />Staff recommends that the City Council adopt Resolution 7352, rendering the decisions on <br />the appeals submitted for the Stormwater Infiltration Program in the 2009-2010 Street and <br />Utility Improvement Project.