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Meadowlark Trail, CIP No. 22797 Page 3 January 25, 2021 On April 15, 2008, City Council approved the reimbursement agreement between the City and the Meadowlark developer for the construction of the development entry and Alviso Adobe parking lot. Nothing seems to have occurred with the project over the next several years, but the Tentative Map did not expire due to time extensions to complete the Final Map granted during that period of time by the State of California due to economic hardships of the Great Recession. Then on June 11, 2014, when the Tentative Map was near expiration, an application for a Development Agreement to vest the development approvals of the Austin project (PUD-58) and Tentative Map for a ten-year period was presented to the Planning Commission. The Planning Commission recommended approval. On July 15, 2014, the City Council reviewed the Development Agreement. The Development Agreement granted the time requested time extension, but also required the developer to immediately transfer the open space to the City. The only mention of the trail is in Section 5.01, Amendment to Project Approvals, of the agreement stating that the Director of Community Development may "approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, minor alterations in vehicle circulation patterns or vehicle access points, changes in trail alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the design concepts of the Project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project Site diagram or Project Site legal description shall be treated as Administrative Project Amendments." On August 19, 2014, City Council approved the development agreement with the 10-year extension by adopting Ordinance No. 2105. The open space property was transferred to the City on December 8, 2014. The open space was transferred to the City and the property owner retained the housing development area, as well as the 35-foot-wide land along the back of the properties on Jorgensen without a Parcel Map as is allowed by the Subdivision Map Act when a property owner grants land to a government agency. In 2016 the project with all its entitlements was sold, and City staff was contacted by the new owner/developer regarding implementing the project in compliance with the conditions of approval, including discussion of planning the open space owned by the City proposed trail alignment within the open space. On November 10, 2016, the City sent notices to all properties within 1,000 feet of the property regarding a Planned Unit Development (PUD) Minor Modification to the approved Planned Unit Development PUD-58 to construct eight new single-family home lots and to: (1) eliminate the previously approved design guidelines and approve the applicant's proposed home designs; (2) modify the development's approved street configuration; and (3) amend the previously approved grading plan including eliminating all bridges and filling in the central swale City approved. At the