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• Minutes - San Leandro City Council Meeting - October 4, 1993 Page - 20 . - PUBLIC HEARINGS (continued) Scott Grubbs, 13475 Bancroft Avenue #302, said he is not against building homes within the City. He said he is against this project because he was almost a homeowner within the Sandpiper development. He said the development should be slowed down and given considerable thought. Martin Vitz, East Bay Regional Park District, Advanced Planning Manager, said the Park District participates in order to assure their interests are responded to. He said they want to assure the shoreline trail will be provided through this property. He said they accept responsibility of the trail but require a coordinated restoration plan, the necessary compliance with CEQA, a management agreement between the City, State Lands and Citation, and a financing mechanism. Regarding toxic materials, they are assured by the City and developer that they will be taken care of and there will be a bond that will be submitted by the developer. He said they are concerned that there is still no alignment known to 2A and 2B and the shoreline trail from Lewelling to the edge of unit 1B and the foot of Lewelling to the shoreline trail needs to be addressed. He urged the Council to make sure all of the District's concerns are addressed. Lou Filipovich, Laverne Drive, spoke regarding the minutes of the special Planning Commission meeting in August, 1993. He said he'd asked the Council to state their position regarding the initiative. He asked when can government regulate private property in order to protect health and safety. He referred to the minutes of the August 19th meeting and statements made by Steve Mattas regarding Mr. Filipovich's comments. He said the issue tonight was the sale of the property. He spoke regarding bonding in case the project goes belly up, and said the Council is • interfering in people's rights to buy and sell something. He said he had a legal opinion prepared on the initiative. He said nothing can be done until Citation Homes responds to a letter asking if the property is for sale. There being no further comments from the public, on motion of Council Member Kerr, seconded by Council Member Polvorosa, and carried unanimously, the Public Hearing was closed. Council Member Kerr asked what would happen if the Regional Park District doesn't take over the management and maintenance of the trail area and whether it would be an assessment district against the homeowners or all of Washington Manor. Bill Silva explained the assessment district and agreement. Council Member Perry asked for an explanation of the Development Agreement and PDP process related to transfer of ownership.