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1. Construct the trail project utilizing the funding provided by the developer for the trail <br /> construction per the Conditions of Approval and as approved at the November 16, <br /> 2021, City Council meeting; or <br /> 2. Determine that the trail construction is no longer a desired or necessary feature and <br /> direct staff to present a Planned Unit Development (PUD-58) amendment removing <br /> the condition of approval to the Planning Commission for consideration. <br /> FINANCIAL STATEMENT <br /> The Meadowlark developer provided the estimated cost of the project ($57,379), which <br /> was approved by City Council on March 3, 2020. City Council approved the additional <br /> $8,554 in funding from the General Trail Improvements and Development Project, CIP <br /> No. 01737, required for the project based upon the low bid received on November 16, <br /> 2021. The anticipated total expenditure for this project is $65,933. <br /> If City Council directs staff to cease construction of the trail, staff will need to negotiate a <br /> settlement with American Ramp Company to pay for its efforts in preparing for the start <br /> of construction (cost of performance bonds, payment bonds, insurance, and other <br /> paperwork required before construction) after the project was awarded. Payment would <br /> be from the General Trail Improvements and Development Project, CIP No. 01737. The <br /> developer contribution will need to be returned to the developer. <br /> BACKGROUND <br /> In 2005, the City began discussions to update the General Plan land use <br /> element, including the 30-acre Austin property, which was being considered for a <br /> general plan amendment to include housing and was considered an opportunity to <br /> augment the Alviso Adobe Park. <br /> On March 1, 2006, City Council and the Planning Commission held a joint meeting to <br /> discuss the land use element updates to properties on the west side of Foothill Road. <br /> The Planning Commission then reviewed the proposed development in April 2006; the <br /> Parks and Recreation Commission reviewed the proposed plan in May 2006. Both <br /> commissions supported the project and the conservation of the 22 acres of open space <br /> surrounding the project. <br /> On October 17, 2006, City Council approved the Meadowlark development, PUD-58, <br /> which included a condition of approval that "the applicant shall install or provide funding <br /> for a trail in the open space area as determined by the Director of Parks and Community <br /> Services." The report recommended that the open space area be designed to allow <br /> cattle grazing and that the uses in the open space area would be limited to low-intensity <br /> public uses (i.e., no picnic tables, etc.). The meeting included a discussion of a trail in <br /> the open space, that the trail would be a walking trail that blends in with the site, and <br /> that the open space would augment the Alviso Adobe property. <br /> Page 2 of 5 <br />