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applicant did not account for current uses of land and instead used a general sense of topography to choose the most economical route on which to install these pathways. Mr. Dolan expounded on that, stating that the applicant used primarily aerial photographs, rather than ground surveys, and has already received a lot of feedback from local communities on what actually lies in that path. Councilmember McGovern questioned and confirmed that the applicant has the ability to exercise eminent domain and run the project wherever it chooses. Mr. Dolan noted that while the applicant does have that right as a public agency, it is not the preferred method of action and they have expressed a willingness to explore preferable locations. Councilmember McGovern acknowledged Mr. Haggerty's involvement but questioned whether or not any members of the public were informed. Mr. Dolan noted that there was one Sunol resident in attendance at the public meeting attended by staff. Councilmember McGovern acknowledged the project's benefits for the applicant and asked about the benefits for those communities it passes through. Mr. Dolan said that the only benefit for host cities to realize from this exists to the extent that the public, in general, gets a better energy transmission system. Mr. Fialho explained that the transmission lines are specifically for the use of the JPA to deliver power to and from the areas identified; with the exception of those municipal utilities, there is no benefit to any agency that hosts the transmission lines. Councilmember McGovern questioned why the applicant has explicitly chosen not to upgrade or utilize any of their existing facilities. Mr. Dolan could not answer specifically but said that he believes they have proposed entirely new facilities in order to maximize capacity. Councilmember McGovern asked that the impacts of new line and infrastructure versus the use of existing equipment be studied. Mayor Hosterman opened the item to public comment. Mary Roberts said she asked Mr. Dolan to share the County's letter with the Council because it is an excellent scoping document that addresses those elements of the proposal which stand in direct opposition to local area plans that have provided for these preservation corridors. She stressed that homeowners and business owners in the Vineyard Corridor sought the area for its ambience, an ambience that does not include ugly overhead lines. Ms. Roberts reiterated all concerns outlined in the letter and asked who the final authority on the matter will be. Mayor Hosterman closed the public comment. Mr. Dolan explained that the project proponent, the JPA, will ultimately decide the project's outcome. Councilmember Sullivan confirmed that the Public Utilities Commission does not have jurisdiction here and likened this situation to a developer being allowed to decide whether or not it would be allowed to build a bunch of homes. Mr. Fialho said that, as a public agency he would imagine the JPA must conform to all meeting requirements but that as a utility, it is also given broader discretion with respect to utility land use planning that cities and counties are not afforded. He said that staff's approach is to target the community's concerns via writing, await a response and if a suitable response is not forthcoming, the City can form a coalition with Livermore and the county in opposition to the project. City Council Minutes Page 8 of 11 June 2, 2009