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Jerry Wagner, 6344 Alisal Street, addressed Council in opposition to approving the Operator and Grow-In Agreements. Vanessa Kawaihau, 871 Sycamore Road, referred to Section 15.03, Eminent Domain of the Operator Agreement. She asked under what elreumstanees staff foresees this condition occurring? Does the City anticipate that the GE Plant will have to expand its buffer zone? She referred to number nine, Reservation Policy, of the Policy and Procedures which states the City may schedule use of the Course as a setting for official business. She pointed out that the park is open during the summer until 9 p.m. She anticipated several dinner functions occurring and requested that this section be clarified. She referred to Section VI, School Play, numbers 5 and 8, which referred to team practice. She suggested that students not drive Happy Valley Road, as she believed it to be a dangerous route. She believed the Environmental Mitigation requirements were well documented. She reminded Council of the November 2002 community meeting staff had with the Happy Valley residents prior to the grading commencing. Residents raised concerns that there was no baseline water monitoring for area wells downstream from the golf course, which is particularly important for residents on Happy Valley Road who do not have the option of hooking up to water should their wells eventually become contaminated from an accident on the course. She pointed out that the residents directly downstream from the golf course do not have an available option should a problem arise. Should Happy Valley residents choose to golf at the Callippe Preserve Golf Course, she asked how the reservation and fees would apply, as most of the residents are not residents of the City. Mr. Roush believed it would highly unlikely that another public agency would want to condemn this property, but it could be possible that the County or Federal government could want it at some point. The Eminent Domain provision provides what will happen in the unlikely event that occurs. It is a "what if" provision and there would have to be a showing that there would be a need for a more public use than what it is currently used for. He believed this would be highly unlikely. Ms. Ayala requested clarification on Ms. Kawaihau's comments related to the baseline monitoring for area wells downstream from the golf course. Mr. Rasmussen reported there is a water monitoring program that needs to be implemented on site. If the City wanted additional monitoring offsite, he suggested that it be scheduled as a separate item to have the engineers provide a proposal as to how it might occur. Staffis ensuring, through its own monitoring, that problems will not be created offsite, which is why the monitoring is occurring on site to ensure that any potential problems are caught. In response to an inquiry by Ms. Ayala, Mr. Rasmussen stated that by the monitoring being done on site, anything that seemed offwould translate to offsite. He indicated that if there were no problems on site, there would be no way problems could Pleasanton City Council 23 01/06/04 Minutes