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Mayor Pico said no. The proposed action is to adopt the Negative Declaration. The Mayor clarified his motion as follows: It was moved by Mayor Pico, seconded by Mr. Brozosky, to adopt Resolution 04-015 approving the mitigated negative declaration prepared by the East Bay Regional Park District, to deem it adequate for considering the actions before the Council, and determine that those actions would not have a significant effect on the environment; make the Conditional Use Permit findings as listed on pages 31-32 of the attached Planning Commission staff report; adopt Resolution 04-016 upholding the appeal and approving the project as scaled back in the previous motion made by Ms. Ayala; approving the recommended Conditions of Approval listed in Exhibit B to the staff report with modifications 3a through 3o; and adding the following conditions: (1) allow the applicant to reduce some of the support facilities (the corporate area, concession stand and locker rooms) to match the capacity of the facility that it will be building, subject to staff review; (2) clarifying Condition 125 that Pleasanton residents will receive a discount for season passes and dally entry to the water slide area; (3) revising Condition 41 to address the volume of the PA system beyond the property plane; (4) revising Condition 22 to require the applicant to work with the online direction providers to ensure that Airway Boulevard and future Isabel Avenue is the preferred 1-580 exit for the water park; and (5) adding a condition that EBRPD lease to the City a portion of the site for the BMX Park, which lease must be executed prior to start of construction of the expansion. Ms. Ayala asked if Council needed to include a time frame to the condition for leasing a portion of the site for the BMX Park? Mr. Roush said his assumption would be that the condition would state that the lease would be entered into prior to the start of construction of the facility; the project could not proceed without having the lease of the property in place so the BMX Park would at least be available for the City's use. It would be a condition precedent to certain things happening on the water slide project. Ms. Ayala wanted to ensure that the condition was worded as Mr. Roush had stated. Mayor Pico asked if all of the conditions would come back to Council for a second reading? Mr. Roush said this matter would not come back for a second reading. If Council would like to see all of the conditions in final form, staffwould provide it to Council. Mr. Campbell asked if the raptor study would be done prior to construction? Mr. Swirl said that the raptor studies have already been done. There are nesting raptors in the area. The condition requires that cons~xuction may not proceed if it is Pleasanton City Council 21 03/30/04 Minutes