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which does not appear in the Council packet. He stated that his points would cover traffic safety, environmental safety, and suggestions. Alicia Guerra addressed some of the legal issues presented. She explained the reason the item before the Council is the Precise Plan and not the mitigated negative declaration is because the mitigated negative declaration was not brought before Council on appeal, which is different from the Bakersfield decision. She stated that regarding height and density issues, the project is consistent with the General Plan, the zoning and effect on the property, consistent with the density bonus requirements, and consistent with State Law requirements related to density bonus and provisions for incentives associated with it. The project complies with the findings necessary for the precise plan and zoning requirements in place for the site. She further stated that there is no evidence to indicate property values will be decreased as a result of the project and is not a finding required for consideration in a precise plan nor is an environmental impact appropriately addressed through the CEQA process. M/S Foust/Aguirre to close the public hearing. The motion passed by a unanimous voice vote by those present. Council Members asked clarifying questions pertaining to selection of City consultants, the reference to contamination, possible egress and ingress on Woodside Road. Comments included that comments made about Council Member Hartnett should take the opportunity to re- engage. Howard Whitney, Remediation Testing and Design, stated his qualifications and stated that the site is really not a contaminated site but that the neighboring gas station is the contaminated site and contains about 99.9% of all of the gasoline contamination in the area. He stated that the project will not effect contaminated water as it is 20 feet below grade and the plume is shrinking, there may be some clean -up required on the site, there is a less likely possibility that there may be some measure of extraction of groundwater or deep soil vapor sometime in the future. If that is required, it is suggested that the developer may want to include transmission pipes underneath the basement in order to avoid cutting through the new basement floor. Gary Black, Hexagon Transportation Consultants, stated that he received the guidelines for Caltrans' encroachment permit procedure and it is possible to situate the driveway to meet those requirements. M/S Howard /Foust to extend the meeting to 11:45 p.m. The motion passed by a unanimous voice vote by those present. Comments by Council Members included the desire to refer the project back to the JOINT CITY COUNCIL /REDEVELOPMENT AGENCY BOARD MEETING APRIL 9, 2007 MINUTES PAGE 10 MINUTE BOOK NO. Page No. 375