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Mr. McKeehan did not feel that was a reason to deny the final map. He said that no one with any expertise on this matter has said Signature was in violation of its permit or the requirements of the project. He would be happy to explain and answer any questions from the Council, but while that learning is going on, there is no reason to deny the final map. Ms. Ayala asked about the Foley Pond. Mr. McKeehan explained that Signature Properties entered into a contract with Mr. Foley lbr a conservation casement for the pond. Mr. Foley has been unwilling to grant that easement because he is unhappy with other issues unrelated to the easement. In the past. litigation was considered, but Signature is trying to work out the issues. If that eatmot be resolved, then a lawsuit will be filed. Mr. Foley is obligated to give the easement to Signature and Mr. McKeehan has indicated to staff that Signature would post $250,000 to make certain the easement is obtained. He related the concerns about the Foley Pond. Last year Mr. Foley had graded around the pond and eliminated the spillway and water was going over the top of the pond. Mr. Sproul was concerned the pond would fail and the water along with silt would run into the ponds on the Signature property. He asked Mr. Foley's attorney if Mr. Foley would allow Signature on the Foley property in order to repair the damage at Signature's cost. Mr. Foley would not allow Signature on his property. Fortunately, the pond did not fail last winter. Ms. Ayala asked if the homeowners association could have a similar problem in the future. Mr, McKeehan said when Signature has acquired the easement, it will fix the pond at a cost of $80.000. That is a stock pond that was probably built for very litlie cost. Ms. Dennis clarified that the conservation casement will evcntually come to the City of Pleasanton and it will deal with the pond. Mr. McKeehan further explained that the homeowners will have title to the property because the Army Corps of Engineers, the California Fish and Game Department, and other State agencies all refused to accept it. Ms. Ayala indicated she was trying to make sure the homeowners association does not have problems in the future and that the things required to be done are completed. At this point she is not comfortable. Ms. Acosta stated that this kind of thing has been done with other associations with l~wer units. The associations own and maintain the property and the City covers the liability because the City does not want to maintain the property. Malcolm Sproul, with LSA Associates, indicated he was available to answer questions. Pleasanton City Council 10 05/02/00 Minutes