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commented that Mr. Sanchez believed that the new Endangered Species Act would affect this property. She wanted a clear understanding of all this. Ms. Seto indicated staff would contact Mr. Sanchez to resolve questions on agency jurisdiction. She also stated that generally when a project has entitlemerits no further studies are required to be done to determine what other species may be on the property. Ms. Ayala was not comfortable making a decision until she had more information. Lois Lutz, 4545 Entrada Court, indicated she had been following the Ruby Hill wetlands mitigation requirements since her appoinlment to the South Livemore Valley Land Trust. She expressed concerns that the homeowners association is not aware of the extent of its future obligations regarding the habitat areas in Pleasanton and the 23-acre preserve around Detjen pond in Livermore. She stated Signature Properties does not own all of the mitigation areas and theretbre cannot pass ownership to the homeo~vners association. This includes Foley Pond and part of Pond C. She related problems consisting of erosion, sedimentation and over grazing around Foley Pond. The mitigation plan calls for fencing around this pond and grazing only from April through September. None of the items called for have been completed regarding this pond or Pond B and Pond 8. She further stated that over the past five years them has been decreasing evidence of tiger salamanders in the 70 acre habitat area. She said the additional Pond D has not been constructed and the upland habitat and ground squirrel population has not been reported on as required. She also raised questions about the fencing around the habitat area. She believed the boundary markers were necessary for the Land Trust to carry out its agreement with the City to monitor for boundary encroachment and should precede development. Finally, she indicated the Army Corps of Engineers has not signed off on any of the mitigations and she felt the project has not been completed and to transR;r the habitat area to the homcowncrs association at this point would be premature. Ms. Dennis indicated that Pond D bad been constructed. Ms. Lutz was not certain of that because it was not menfmned in any of the reports she has read, although she admitted she had not been on the property for a couple of years. Ms. Ayala referred to the Final Wetland Mitigation and Monitoring Plan of 1994 and asked who gets the required reports. Ms. Seto responded that the report is available in the Planning Department and is reviewed by staff. Signature Properties reports to the Army Corps of Engineers regarding the wellands and to the California Department of Fish and Game regarding the tiger salamander habitat. Ms. Ayala believed that the f~deral agencies do not have enough staff to monitor these programs and rely on the City of Pleasanton to do some of the work. She was not Pleasanton City Council 7 05/02/00 Minutes