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the water flow circle around the park area and be along the roadways that enter the par/( rather than cut through the middle. He noted that staff considered placing the channel underground but the pipe size would be so large that it would not be feasible. Mayor Hosterman invited public comments. Jeff Standley, Applied Biosystems Facility Manager, said that Applied Biosystems has and will continue to fully satisfy the conditions required in its PUD and have allowed through the design of its campus, the eventual realignment of the Creek. Applied Biosystems bares no financial responsibility for the City of Pleasanton's creek project. Applied Biosystems position remains unchanged over time and is confirmed by letters of correspondence with the City. It is Applied Biosystems understanding that the City of Pleasanton would cover all costs of the creek project through bonds and grants. Although Applied Biosystems cannot participate in funding of the creek realignment, it wishes to cooperate with the City and its plans to the best of its ability. Mayor Hosterman closed the public comments. In response to an inquiry by Mr. Sullivan, Mr. Grubstick said that in the development of Applied Biosystems property, there was some obligation to provide mitigation measures to satisfy the various environmental agencies for construction on that site. Staff has entered into discussions with Applied Biosystems to have them take care of the modifications that crosses that portion of its property. Staff believes this would satisfy the various environmental agencies. Applied Biosystems believes that a --- simpler design would also satisfy the various environmental agencies. Applied Biosystems has indicated that a simple detention basin on its property would satisfy the environmental agencies in the same way that the City has designed the meandering stream. Staff is involved in an ongoing debate as to whether it is prudent for Applied Biosystems to construct a detention pond or to participate with the City in the more comprehensive design that the City has in mind. When the Planning Commission reviewed this matter, Mr. Sullivan seemed to recall that there was a creek realignment or restoration of a pipe or ditch into a more natural creek that was a condition of approval for the Applied Biosystems project. Mr. Roush said there is a condition, but conditions are sometimes subject to interpretation in terms of what is required for the developer to do. He noted that the City would continue to discuss the matter with Applied Biosystems to reach a compromise. Ms. McGovern pointed out that Task Eight, as outlined in Exhibit A to the amendment to the contract, mentions that considerable negotiations with the agencies will be needed to reach agreement on the fair share costs and mitigation credits created by the revised plan. She asked if the consultant would work with these agencies, as she wants to make sure that these agencies have been a part of the negotiations so that this project does not need to be redesigned at a later date because it did not meet their needs. _ _ Mr. Grubstick said staff has been working with the Department of Fish and Game, Army Corps of Engineers and the State Department of Water Resources. All three of these agencies have seen the preliminary plans. Staff recently submitted the final designs on those portions that are ready to be constructed, such as the portion that Pleasanton City Council 12 02/15/05 Minutes