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Councilmember Thorne said if we denied the project in totality, it would not be long before something else returned to the Council, and what could return is something that looked much different and worse than this. He reiterated that the project is limited to 51 homes, and the community is getting 496 acres of open space, trails, a trail head, public access, open space and an open space management plan, a new fire engine, $1 million in traffic impact fees, traffic calming on Hearst Drive, a new water tank that serves more than just Oak Grove, home development and impact fees, habitat preservation and things covered under homeowner association fees, 20 affordable units to meet our housing element and Tri-Valley Transportation Commission fees. He said he would support the motion. Councilmember Cook-Kallio echoed Councilmember Thorne's comments and supported the motion. Councilmember McGovern said she could not support the EIR because there is one way in and one way out of the property and she believed it puts the people in Kottinger Ranch and those in the new homes in peril. She appreciates the work of the committee, but does not feel the end project is something she can support. She referred to a project in the hillside that is referred to the Hayward Hotel and she believes what the Council is doing is putting more Hayward Hotels on top of a ridgeline and in hillsides which will be visible for at least 15 years or forever. She fought for Measure F and still believes the ridge lands need to be protected. Motion: It was M/S by Sullivan/Hosterman to adopt Resolution No. 07-151 certifying as adequate and complete the final Environmental Impact Report prepared for the Oak Grove Planned Unit Development, as file under case PUD-33; Resolution No. 07-152 adopting the CEQA findings and the Statement of Overriding considerations for the Oak Grove Planned Unit Development, as filed under case PUD-33; and Resolution No. 07-153 approving the Mitigation Monitoring and Implementation Plan for the Oak Grove Planned Unit Development, as filed under case PUD-33. Motion passed by the following vote: Ayes: Cook-Kallio, Sullivan, Thorne, Mayor Hosterman Noes: McGovern Absent: None Abstain: None Concerning the PUD, Councilmember McGovern questioned if the Council could restrict the home sites to 10,000 square feet or less, removing at least number 51 located on a private cul- de-sac which has to have a bridge over a bio-swell or in removing the three-story possibility. Mayor Hosterman said she would be willing to put a cap on the square footage of housing, as she was not sure anyone would build a 12,500 square foot home. Councilmember Cook-Kallio said the City does have the ability for the homes to be reduced through the Planning Commission. City Manager Fialho advised that the homes are not currently conditioned to be heard by the Planning Commission and the Council would need to decide whether or not this would be included in the motion. Mayor Hosterman supported the City's current process and felt anyone has the opportunity to appeal any proposal. Councilmember McGovern questioned if the development agreement allowed the Council to change the fact where a 12,500 square foot home would come forward. City Attorney Roush said the development agreement states they could have up to that amount; however, this does City Council Minutes 22 October 2, 2007