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it will invite the public, when the public is not there because there is no trail easement and there may never be an easement in that location. Ms. Michelotti suggested using cinder blocks with gross growing through them. Mr. Swift explained that could work, it is just difficult for long term maintenance as an all weather surface. Mayor Tarver asked staff to explain the open offer of dedication. Mr. Swift said staff is recommending that them be an open offer of dedication for the proposed trail site with the location to be determined at some future time once the land use and trail system through the Lund Ranch is determined. At that point in time, the Park and Recreation Commission will make recommendation as to whether to accept the easement and install the trail somewhere within that 180-200 foot separation between the properties. Mayor Tarver asked where the trail would run from and to. Mr. Swift said it connects the EVA and Ventana Hills subdivision to the north. Ms. Dennis referred to a comment from the attorney for New Cities that the development agreement protects it from Measure D. The staff report says it is not necessary for the PUD to be protected from the CAPP Initiative. Will that be affected by the CAPP Initiative? Ms. Seto explained that if there were an approved PUD, with the second reading of the ordinance on October 26, New Cities would have the right to develop without being subject to Measure D. The developer has offered the infrastructure in addition to the bypass road, and dedication of the right of way, to get the residents of Happy Valley to vote favorably on the annexation. Mr. Pico asked staff to comment on the statement of one speaker that access to the culvert is covered by existing easements. Mr. Swift said there is an easement that reaches the headwall between the properties. That easement would be under water in the event of a flood as it has been before. Generally, the City wants access continuously along any channel it maintains, not just at any one point. These are privately maintained creeks, but when there is an emergency the City would respond and access to the creek is important to the maintenance staff. Getting another access to this area was considered to be important by the engineering staff and maintenance staff. Mayor Tarver understood that the only two issues remaining were the trail dedication and the access road. Pleasanton City Council Minutes 16 10/19/99