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assured the public that he, as well as the Council's liaison subcommittee members, would continue to push Zone 7 for answers. Mayor Thome asked what, if any, additional restrictions accompany Stage 4. Mr. Smith explained that Stage 4 increases the mandatory reduction to 35% and includes additional prohibitions which essentially limit water use to health and safety needs. Mr. Fialho reminded the Council and public that the capital project which will bring recycled water into Hacienda Business Park and the Sports Park will help offset future impacts significantly as well. 21. Second Reading and adoption of Ordinance No. 2105 approving the Development Agreement with the Austins to vest the development approval of eight residential lots (referred to as PUD-58 and Tentative Tract 7813) at 3459 Old Foothill Road for a ten-year period from 2014 to 2024 with a five-year option - On introduction Councilmember Brown voted no and Councilmember Cook- Kallio was absent City Attorney Lowell presented the staff report, stating that on July 15, 2014 the Council introduced an ordinance to approve a Development Agreement with the Austins to extend the life of the currently entitled PUD and tract map for eight single family residential lots and to accelerate the grant of 22 acres of open space to the city now rather than in the indefinite future. The grant of this open space parcel, which is located adjacent to the recently acquired East Bay Regional Parks District (EBRPD) property and Alviso Adobe, will allow for the coordination of planning efforts regarding the issues of access, staging and parking with both EBRPD and the Alviso Adobe Task Force. At the July 15th meeting, a concern was raised about the public having access to the 22-acre site adjacent to the new eight lot subdivision. Staff advised that there are adequate police personnel to respond to calls for service at the site and that the addition of the new open space area should not materially increase the city's liability risk, especially as there are immunities under state law that shield public entities from liability arising from injuries while using public amenities such as trails. It was explained at the last meeting that there will be a noticed public process involving the Alviso Adobe Task Force and City Council before any final decisions are made regarding use of the city's open space. Notice for the July 15th meeting was sent to all property owners and tenants within a 1,000 foot radius of the site. After one neighbor stated that he did not receive the notice, the Council introduced the ordinance with direction to staff that this additional hearing be held prior to the Council's adoption of the ordinance. Mr. Lowell showed a slide of the notice sent on July 2, 2014 regarding the July 15th meeting and reported a similar notice was sent out to the same notice area on July 25, 2014 advising them of this additional public hearing. Mr. Lowell stated that the Council has likely received a letter from Mr. Henderson, whose property abuts the Austin property. In both the letter and in conversation with the City Attorney today, Mr. Henderson asked why neighbors on Jorgenson Lane whose properties also abut the Austin property are being provided with a 35-foot buffer whereas he is not. Mr. Lowell presented a slide demonstrating that the homes on Jorgenson Lane are fairly close to the Austin property line, in some cases as little as 20 to 35 feet away. The Henderson home, however, sits on a much larger 5 acre parcel, is located approximately 250 feet from the Austin property line and has multiple stands of mature trees that also serve as a buffer. He reminded the Council that the tract map was approved in 2006, at which point the discussion likely took these factors into consideration, and that the agreement before the Council simply extends the life of this map. He stated that staff recommends the City Council adopt the ordinance approving the Development Agreement, as revised, between the city and the Austins. City Council Minutes Page 9 of 11 August 19,2014