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developments have specifically provided for the use throughout development. She noted a recent example in the Lynn-Jansen property, where similar discussion focused on having pedestrian access along the arroyo and the ownership of that arroyo. She explained that it involved an irrevocable offer of dedication to Zone 7 and that Zone 7 has not accepted that dedication to date, which leaves the arroyo under a residential zoning with easements across it for public access. In response to Commissioner Fox's inquiry regarding whether any arroyos were zoned P, Ms. Decker replied that her research for this project did not include the zonings of all the arroyos in the City. In response to Commissioner Fox's inquiry regarding the ownership of the arroyos in the Downtown, Ms. Decker replied that the ownerships go into the center of the arroyos and are consistent with the residential and commercial zoning of the area. Commissioner Fox inquired if the Tri-Valley Conservancy (TVC) was consulted for this project, and Ms. Decker replied that she believed that the TVC was not consulted regarding potentially having a conservation easement over the buffer area. She reiterated that the purpose of this particular project is to effect the License Agreement between Zone 7 and the City and that the TVC was not involved in that discussion. Commissioner Pearce stated that she supported the motion and that while she would prefer to see the area zoned Public and Institutional, she understands the limitations and constrains of dealing with land that is not actually under the City's control. She indicated that she appreciates the City having a desire to maintain the buffer zone and believed that it would be great if the City could do with more with the Zone 7 properties. She noted that she would have preferred to see the License Agreement because of the particulars that it would contain; however, given the constraints of the particular parties and extent of negotiations, she will support the motion. Chair Blank inquired why this was being rushed and why it needed to be pre-zoned this year. Ms. Decker replied that the negotiations to effect this Agreement have been going on for the past two-and-a-half to five years. She noted that Zone 7 has maintained its position over time that it does not deal with public trails. She added that the negotiations had been complex and extensive and that staff now has the opportunity to complete this Agreement. Chair Blank noted he was taken aback by the testimony tonight from awell- known developer who stated that developers would be greatly attracted to land that are zoned Agriculture where they could possibly develop million-dollar homes and that they would not be able to touch land that is zoned P. He added that there could be a different City Council in five years who may meet with PLANNING COMMISSION MINUTES, July 23, 2008 Page 19 of 25