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Bing Hadley, 1210 Hearst Drive, President of the Kottinger Ranch Homeowners <br />Association, noted that he wished to comment on the Oak Grove project and believed that <br />this plan represented significant effort on the part of the City, developer, and <br />homeowners. He believed it represented significant and meaningful compromise that <br />impacted the adjacent neighborhoods as little as possible. He supported the open space <br />gained by the City. He would like to ensure that there was a conservation easement held <br />by a third party that ensured the land would remain open space. He would not want to <br />see further road extensions and tie-ins and would like the project to become the end of the <br />line at the urban growth boundary. He wished to ensure that the City had no intention of <br />exercising eminent domain to overturn that at a future point. He did not believe that <br />would be the case, but wanted that to be memorialized. He supported public access to the <br />open space, which was an important part of the project; he supported an 11-space parking <br />lot with restrooms, water, and a horse trough. He would like to see a meaningful plan put <br />in place to avoid the area being used as an after-hours hangout. He had originally been <br />against public access to open space but was persuaded by Ms. Dolores Bengtson that the <br />use of lighting, timed sprinklers, and law enforcement presence would make the area less <br />attractive to loiterers. He noted that emergency vehicle access was an important part of <br />the project; he favored a circular route. He noted that the developer had put funding for <br />traffic mitigation and traffic lights at Kottinger Drive and Bernal Avenue and wanted to <br />keep that in the program. <br />Mary Roberts, 1666 Vineyard Avenue, noted that she wished to comment on the Oak <br />Grove project and that as she read through the staff report, she was upset about the open <br />space conservation district because it was worded differently in different parts of the <br />document. She noted that page 45 of the staff report stated that the owners would <br />dedicate nearly 500 acres of open space to the City or other public entity such as a <br />Geologic Hazard Assessment District (GHAD), which had the City Council acting as the <br />Board of Directors. She believed a third party should hold that post and that a political <br />body should not hold a conservation easement. She noted that the Councilmembers <br />would change over time and that there was a lot of pressure on Councils and <br />Commissions by the State and public interest groups to provide more housing or a <br />different kind of park setting, and cited the initiative put forth by Brian Arkin and Steve <br />Brozosky to limit housing on the Bernal property. She noted that No. 69 on page 26 <br />stated that "the open space area shall be subject to an open space easement and shall be in <br />accordance with the requirements of the development agreement." She noted that the <br />development agreement stated that the open space would be given to "an entity <br />reasonably acceptable to the City to protect the open space as permanent open space." <br />She noted that the phrase "reasonably acceptable to the City" bothered her as well. She <br />noted that the findings stated that the "conservation easement will be granted to the Tri- <br />Valley Conservancy, providing second-party inspection and oversight of the open space <br />area," which she believed was the most secure guarantee possible. She noted that the <br />overriding considerations addressed the oak woodlands and noted that she attended an <br />oak woodlands planner workshop that had been held in Livermore on Thursday, <br />March 21, 2007. She noted there was considerable discussion about planting shrubs <br />above a certain height below the oaks, which would kill the oaks. <br />EXCERPTS: PLANNING COMMISSION MINUTES, March 28, 2007 Page 2 of 6 <br />