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• Introduce the draft ordinance approving case PUD-81-30-87D, PUD Development Plan subject to the conditions of approval in Exhibit A, as amended with Condition 49; • Adopt the resolution approving the Growth Management Agreement; • Authorize the City Manager to sign said agreement concurrent with the processing of the newly proposed development agreement; • Approve the waiver of the Public Facility Fee and a portion of the Traffic Impact Fee, for a total waiver of$500,000 and that the fees be reimbursed through the Lower Income Housing Fund. Councilmember Brown asked whether school impact fees are a consideration in the proposed development agreement. Mr. Fialho said the applicant is requesting the agreement in part for the growth management protections and also to specify the school impact fees they are willing to pay above and beyond the statutory amount. While staff has a general sense of what that parameter is discussions are still ongoing. Mayor Thorne opened the public hearing. Carmen Rivera Hendrickson said she supports the project but would really like to see a total of 5 affordable and accessible units. She strongly urged the Council to retain some measure of control over the use of any IUCs. She asked that they be aware of other impacts of the project, particularly traffic, and noted that the nearest bus stop to the development is more than 3/4 of a mile away. Councilmember Pentin clarified that there is a transit stop at the property. Ms. Rivera-Hendrickson explained that the 54 is the only bus to service the site and that it does so only once in the morning and once in the afternoon. Councilmember Brown asked her opinion on the affordability of the accessible units. Ms. Rivera-Hendrickson said she would like to see 5 accessible units at 50% AMI but could settle for 1 at 80% AMI. Bob Plemmons introduced himself as a neighbor and President of the adjacent Verona Homeowners Association. He reported making several presentations to previous Councils and the Planning Commission and asked to reiterate several key issues. He explained that when polled, 80% of Verona residents said they did not wish to see residential development on the site and, while that ship has sailed, they do not welcome the addition of 168 transient residents across the street from their home. He cited parking and traffic as additional concerns, noting that the development anticipates in excess of 200 residential cars plus those visiting the child care center. He expressed specific concern over safety at the intersection of West Las Positas and Belleza Lane, which serves as the main ingress and egress to the Verona development. He asked that the City consider installation of a traffic signal at this location with the cost to be borne by the developer at the time of construction. He also cited issue with the gate leading to Tassajara Creek and said he did not support a private exit onto public land that was not developed. Councilmember Pentin asked if the Verona Homeowners Association was prepared to share in the cost of a traffic signal. Mr. Plemmons said "no." Becky Dennis, Citizens for a Caring Community, asked if the Housing Commission had an opportunity to review the alternative affordability plan or fallback option. Mr. Bocian said not specifically, but it is similar to an option that the Commission did review. City Council Minutes Page 8 of 14 May 21, 2013