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• Minutes - San Leandro City Council Meeting - October 4, 1993 Page - 11 - PUBLIC HEARINGS (continued) Council Member Corbett asked if it was groundwater contamination or only soil contamination. Mr. Mattas recommended it be changed in the definitions to include groundwater. In response to Council questions, he said the bond would provide funds for remediation to the extent that it needed to be done, including the cost of encapsulating. Steve Meyers, City Attorney, pointed out technical and clerical corrections: Page 10 of the Development Agreement, a clarification in the middle of the page regarding the public access trail as part of the properties to be included and improved and granted to the City. Page 22 of the Development Agreement, Superfund, included at top of the page. Page 13 of the Development Agreement, correction of a typographical error, " . . .for the first Phase of the project. " He said the legal description of the property, which is the legal description of the project, was submitted to the City Clerk. He. clarified the correction on page 10 and said, on the middle of the page, 12 lines from the bottom it should read " . . .or the public access trail . " Ed Alvarez, Vice President, Citation Homes, spoke regarding park in-lieu fees. He said they concluded that it is possible to achieve the intention of the Planning Commission in subsequent phases to allow for the probability that the entire six acres of park land can be provided and improved in lieu of any fees. He said they did not have any objection to staff's recommendation. He said in Phases 2 and 3 they are going to attempt to provide all of the park obligation in-kind, as opposed to fee. He said they had a position different than staff on the date on which the fill plan obligation will expire. Staff recommended December 31 , 1994, but his position was that the obligation should expire at the end of this year. He said it is clear that more time • should be allowed to pursue the fill permit process, and although they don't have any objection to the December 31 , 1994 date, they would solicit the help of the City in attempting to achieve that objective. He said there are two public bodies that will be interested in the position of the City, and with the City's help, he thinks they will achieve their goal long before December 31, 1993, and they remove any objection they had, at this time. In response to Council questions, he said the Precise Development Plan conditions require them to carry out all of the requirements of DISC in so far as the development area is concerned -- that is Phases IA and 1B in particular and as additional phases are brought in. He said the fill plan obligation is under the jurisdiction of the Regional Water Quality Control Board (RWQCB) , which requires them to perform whatever obligation the Water Board determines is necessary to carry out any of the wetland restoration. He said the record is very clear and they are obligated to carry that out. He said they are attempting to evidence their good faith and continued effort to work with the agencies and carry out their requirements and are in the middle of the process and expect to have it completed shortly.