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Helen Eberle concurred with Mr. Yaniec and asked the Council to reconsider its decision for the safety of children, animals, cyclists, pedestrians, and anyone who ventures between Pleasanton and Sunol. As block captain for lower Golden Eagle, she regularly hears the Police Department stress the need for greater lighting in homes and on streets. Art Wilen, Golden Eagle Homes HOA President, thanked the Council for its decision to reinstall the lights along Foothill Road and for righting an 18 -year wrong. For safety reasons he asked the Council to reconsider the decision not to install the last 3 lights. Mayor Hosterman reminded the public that the Council asked staff to work with neighborhood residents to find an equitable solution to the lighting issues. Carmen Rivera voiced concern with handicapped accessibility throughout the City and particularly with several areas that urgently need work. She also stated that the lack of low- income housing and universal design need to be addressed and that the community is frustrated by the lack of action. PUBLIC HEARINGS AND OTHER MATTERS 12. Public Hearing: PUD- 84- 21 -4M, Braddock and Logan Consideration of an application for a PUD major modification to add 12 new units in three buildings and miscellaneous site modifications at the Civic Square apartments located at 4800 Bernal Avenue and a draft Affordable Housing Agreement Brian Dolan, Director of Community Development, presented the staff report, stating that the project consists of the addition of 12, 2- bedroom units to an existing development that sits on 13.5 acres to the south of the Civic Center complex. The applicant is proposing to construct 3 new buildings of 4 units each, new office space, and to convert and expand the existing office space into improved recreational facilities. The development is centrally located to the downtown area, transit stations, shopping center, the senior center, and the middle school. The proposed project would primarily occur directly to the south of the library and in the area of the development's existing tennis court which is underused and plagued with maintenance issues. The buildings' design and scale match that of the existing structures with some enhancements. They also avoid existing vegetation and include a landscaping plan that provides ample additional vegetation in both locations. The project would displace a total of 8 parking spaces but staff has determined the current number of spaces which is 100 over what is required by code, are under- utilized. In addition to the actual development and PUD amendment, the Council is being asked to consider an affordable housing agreement. While the project is not subject to the Inclusionary Zoning Ordinance (IZO), the applicant and staff have negotiated the provision of 12 affordable housing units to be distributed throughout the project. Two units would be made available for low- income households with the remainder available for those of moderate income. The agreement would carry a 30 -year term as opposed to the perpetuity clause of agreements mandated by the IZO. Mr. Dolan said staff considers this to be a good in -fill project, it is exempt from CEQA, and that the addition of the affordable housing agreement meets all of the appropriate regulations and plans for the downtown area. Vice -Mayor Cook- Kallio asked why the housing agreement is not in perpetuity. Mr. Dolan explained that the applicant has no obligation to provide any affordable housing options and that staff was able to negotiate a 30 -year term to the agreement. City Council Minutes Page 4 of 13 May 19, 2009