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210 Lynn Ann Sorensen, 4432 Foothill Road, explained the history of the item to the new Council for its information. She stated that for the last 18 years she has used the streambed as a source of water and has never been out of water. Some years ago, she was contacted by Mr. Garms to annex into the City because he wanted to be protected by the City from the East Bay Regional Park District. She then spoke with the City Attorney at that time and was told that 11 homes could be built on that property. She signed the annexation papers. A few years later, Mr. Garms sold the property. She was then informed that A-M Homes had applied to build 80 homes. She agreed with the A-M Homes project as long as it did not burden her financially or in any way. Ms. Sorenson originally believed that the springs and the streambed should have been studied as recommended in the EIR, but were not. Just before signing the agreement with A-M Homes, Ms. Sorenson indicated she saw Mr. Joel constructing the brick wall that now is the retaining way around the spring under discussion. She had great concerns and had her attorney call A-M Homes to guarantee that the streambed was secure and was told that she didn't need any more security and she believed they were referring to her water rights. She believed that she has easement rights in the property that was transferred, however it would be very expensive to defend those rights. She never gained knowledge from the City, A-M Homes, or from the Joel's of the lot line adjustment. She became aware of the lot line adjustment after Mr. Joel began diverting the water 100%, leaving her with a dry springbox. She understood that at the May 5, 1992 City Council meeting Mr. Joel had no intention of using the spring and in the event that he would be using it, he would need Council approval. Mr. Joel did not get Council approval before doing so. She appealed this to Council but was told thirty days had elapsed and she would have to work with the conditions put on Mr. Joel due to the open space category. Between June and September 1, when A-M Homes asked Mr. Joel to cease using the water because he had made changes without their knowledge, there was constant battling regarding 100% diversion, which left her with little or no water. As of November 21, when A-M Homes persuaded Mr. Joel to cease the diversion, she was receiving no more than 40 gallons per day. Ms. Sorenson indicated her family has not had water to bathe. On Thanksgiving morning, she had no water with five children and two adults to get ready for the Thanksgiving family dinner. She now has to take laundry out of the home at a cost of $20-30 a week. She has to use bottled water and the lack of water has caused rust in her pipes and her water heater. She believes that City did not intend her to be impacted this way and feels the City still has jurisdiction due to the open space category. Ms. Sorenson then referred to the staff report. She 12/1/92 8