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1. Construct the trail project utilizing the funding provided by the developer for the trail construction per the Conditions of Approval and as approved at the November 16, 2021, City Council meeting; or 2. Determine that the trail construction is no longer a desired or necessary feature and direct staff to present a Planned Unit Development (PUD-58) amendment removing the condition of approval to the Planning Commission for consideration. FINANCIAL STATEMENT The Meadowlark developer provided the estimated cost of the project ($57,379), which was approved by City Council on March 3, 2020. City Council approved the additional $8,554 in funding from the General Trail Improvements and Development Project, CIP No. 01737, required for the project based upon the low bid received on November 16, 2021. The anticipated total expenditure for this project is $65,933. If City Council directs staff to cease construction of the trail, staff will need to negotiate a settlement with American Ramp Company to pay for its efforts in preparing for the start of construction (cost of performance bonds, payment bonds, insurance, and other paperwork required before construction) after the project was awarded. Payment would be from the General Trail Improvements and Development Project, CIP No. 01737. The developer contribution will need to be returned to the developer. BACKGROUND In 2005, the City began discussions to update the General Plan land use element, including the 30-acre Austin property, which was being considered for a general plan amendment to include housing and was considered an opportunity to augment the Alviso Adobe Park. On March 1, 2006, City Council and the Planning Commission held a joint meeting to discuss the land use element updates to properties on the west side of Foothill Road. The Planning Commission then reviewed the proposed development in April 2006; the Parks and Recreation Commission reviewed the proposed plan in May 2006. Both commissions supported the project and the conservation of the 22 acres of open space surrounding the project. On October 17, 2006, City Council approved the Meadowlark development, PUD-58, which included a condition of approval that "the applicant shall install or provide funding for a trail in the open space area as determined by the Director of Parks and Community Services." The report recommended that the open space area be designed to allow cattle grazing and that the uses in the open space area would be limited to low-intensity public uses (i.e., no picnic tables, etc.). The meeting included a discussion of a trail in the open space, that the trail would be a walking trail that blends in with the site, and that the open space would augment the Alviso Adobe property. Page 2 of 5