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measures had been installed by Ferma. He felt that the City does not need the golf course and that the money that would be used for the golf course would be better spent by purchasing the three acre site next to the library and for building the Neal Elementary. Mr. Pico asked Mr. Wagner if be wanted a written or verbal response to his concerns. Mr. Wagner said he would prefer a written response. Mr. Grubstick stated with the December rainfall grading had already been started on the site and it was an extremely heavy rainfall. The contractor had placed hay bales and silt fences to protect the runoff in the area and to filter the runoff. The contractor was overwhelmed by the runoff that occurred and one of the silt fences was breeched, actually collapsing. This allowed silt runoff to spread over the Mortensen property, then onto Alisal Street and into the drainage channel adjacent to Happy Valley Road. The contractor ceased all operations for the next two days to clean up those areas, re-established the erosion control measures, actually dug a second detention pond to try to control the runoff from the site and since then has had very good control of the site with the subsequent rains. There were no further issues with the storm water runoff. As far as the City demanding that he start the work and the grading at that time, we did issue a notice to proceed bur the City always leaves the sequence of construction activities up to the contractor to decide what he has to do and when he has to do it. The contractor thought it had clear weather to initiate the grading operations. The contractor got caught with the heavy rain and the damage was done. At this point, the contractor has buttoned up the site and intends to work on Alisal Street rather than try to do additional grading on site. The work on Alisal Street is trenching in the street and constructing the sanitary sewer lines and water lines. That is more easily controlled in the winter season than the grading work that had been started earlier. At this point the contractor is doing a small mount of work on the Westerly Road, which is the main route to the golf course from the intersection of Happy Valley and Alisal. The contractor wants to provide an area onsite where the contractor can dispose of the trench spoils when he does the trenching work on Alisal Street. That is the likely extent of the work the contractor will be doing this winter. The heavy equipment will stay in place, ready for the work in the spring. Ms. Ayala asked about Mr. Wagner's remark referencing lawsuits. Mr. Roush said that in addition to the Alisal Improvement Club versus the City of Pleasanton, which has been discussed in closed session, there was a claim that was filed by FERMA concerning delays, which has also been discussed in closed session. It is not litigation, simply a claim. It was moved by Mr. Campbell, seconded by Ms. Ayala, to approve an amendment to Contract with Creegan + D'Angelo for design services, construction support services and construction staking for the Happy Valley Golf Course (Project No. 968036) for an amount not to exceed $181,850, for a total contract amount of $680,940; to approve an amendment to the contract with David Evans and Associates for on-site engineering design services for the Happy Valley Golf Course (Project No. 968036) for an amount not to exceed $47,311, for a total contract amount of $368,157; and authorized the City Manager to execute the contract amendments. Pleasanton City Council 4 01/07/03 Minutes