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Ms. Ayala asked staff if it were viable to have a uniform solution to apply to all these wells. She felt if a property owner develops their land and gets city water, then they should relinquish rights to the shared well. Mr. Swift said there could not be a uniform law because the wells may not be on the property that is first to develop. The Berlogar property is being developed and connected to city water. Mr. Reznick is not asking for the well, since he wants connection to city water. There are negotiations to put the tank serving this area on the Reznick property and he will have a lateral close to his house for connection to city water. Therefore, the Reznick/Berlogar is resolved. The other well is the Roberts/Sarich well. It is more likely the Sarich property will develop before the Roberts. That shared well is on the Sarich property, which is the opposite of the Berlogar/Reznick well. The Roberts use an easement to get onto the Sarich property to reach the well. A regulation could be drafted regarding use of the various wells, but it would not solve the problem of easements. He explained the situation surrounding the proposed development of the Sarich property and their use or lack of use of the well. The well sits on what will be an open space lot. He said to access the Sarich well, it is not necessary to go near any dwelling. On the other hand, for the Chrismans to get to their shared well, it is necessary to pass close to the Brozosky residence. Mayor Pico clarified that the Chrismans intend to use the well water only for agricultural purposes after they connect to city water. Since the well is on the Brozosky property, he felt they had the primary responsibility for maintaining the well with the Chrismans having the right of access in the event of an emergency. Mr. Swift said this well is unique because it has two separate pumps within it for each property owner. One party does not have primary responsibility for maintenance of the well. Mayor Pico surmised that a storage tank may not solve the problem unless each party had its own tank. Mr. Swift said that was correct. Since the Chrismans will have city water, it is probably not as big an issue for them as it may be for the Brozoskys. Jim Happ, Northstar Construction and Development, 275 Rose Avenue, Suite 203, clarified that the Chrismans must connect to city water because they are developing their property and noted the Brozoskys have the same right to city water whether they develop or not. The well was serving a twenty acre property plus a residence. Now it will be used for thirteen acres and not for the residence. Useage is reduced considerably. He noted the appeal was filed because the Planning Commission did not approve the vesting tentative map according to Government Code Section 66452.1 and 66452.4. He believed Council did not act on the appeal within thirty days as required by Government Code Section 66452.5 and the map is deemed approved by operation of law. Council has shown concern about Councilmember Brozosky's demand that the Chrismans cease using the jointly owned well and he felt this was an improper matter for Council consideration. The proposed development will have no negative impact upon the water production of the well. In fact, he felt there would be more water available in the well. He did not believe the City had authority to condition the subdivision on the abandonment by the Pleasanton City Council 9 08/19/03 Minutes