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6. PUBLIC HEARINGS AND OTHER MATTERS <br /> <br />Item 4m <br />Bernal Property Creek Restoration and Assumption of Maintenance <br /> <br />Responsibilities (SR 03:058) <br /> <br />Brian Swift presented the staff report. <br /> <br /> Rick Sage, 6001 Sunol Boulevard, Director of Site Development and Project <br />Manager for Applied Biosystems, addressed comments that a person might have been <br />from reading the staff report on this topic. He wanted to clarify items in the staff report <br />that he felt were in conflict with his understanding of Applied Biosystems' obligations. <br />For the past 2 ½ years, they have enjoyed the opportunity to develop their project in the <br />Pleasanton community. They appreciate all of the support they have had from the public, <br />City staff, Planning Commission, and City Council. They expect the first occupancy in <br />mid-May. The project was designed to respect the space required to accommodate the <br />space required in the realigned Bemal Creek. Buildings have been designed to set back <br />110 feet from the property line to provide this space. It is their understanding and <br />interpretation of the PUD conditions that Applied Biosystems is to facilitate and enable <br />the oppommity for the City to actually proceed with the realigned Bemal Creek. They <br />have done this through design. They are working with staff on a wetland mitigation, as <br />required by a number of agencies, specifically the Regional Water Quality Control Board. <br />There is presently an outstanding requirement Biosystems is working on with staff and <br />with the Regional Board to try to defer this because the creek would negate that <br />requirement. They have offered to use the funds, instead of on the wetlands, be instead <br />directed towards supporting the creek project. They will provide for the construction of <br />a trail along the creek and assure the landscape is in compliance. Biosystems wants it <br />clear that they do not believe they have a financial obligation to pay for the creek or <br />perform the work; but they will continue to fulfill all of the obligations of the PUD and <br />continue to work with staffto assure, enable, and facilitate the creek to completion. <br /> <br />Pleasanton City Council 5 04/15/03 <br />Minutes <br /> <br /> <br />