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It was moved by Councilmember Brandes, and seconded by <br />Councilmember Tarver, that Resolution No. 89-176, approving the <br />plans and specification for Phases I and II of the Foothill Road <br />Soundwall, and authorizing staff to call for bids, be adopted; <br />with Phase III to be reviewed at a later date to determine the <br />appropriate height of the soundwall for this phase. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes, Butler, Mohr, Tarver, and Mayor <br /> Mercer <br />NOES: None <br />ABSENT: None <br /> <br />REPORTS OF THE CITY ATTORNEY <br />item 13a <br />Authorization to Settle Pending Workers Compensation Claim <br /> Mr. Roush presented his report (SR 89:163) dated April 4, <br />1989, regarding this matter. <br /> <br /> It was moved by Councilmember Brandes, and seconded by <br />Councilmember Butler, that Resolution No. 89-177, authorizing <br />settlement of a workers compensation claim involving Terry Doe, a <br />park maintenance worker, be adopted. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes, Butler, Mohr, Tarver, and Mayor <br /> Mercer <br />NOES: None <br />ABSENT: None <br /> <br />item 13b <br />Settlement in Amador Valley Savinqs and Loan v. City of Pleasanton <br /> Mayor Mercer and Councilmember Butler abstained on this item <br />because of conflict of interest. <br /> <br /> Councilmember Brandes chaired the meeting at this time. <br /> <br /> Councilmember Brandes stated this has been an extremely <br />difficult situation for everyone involved. He stated that in all <br />the meetings with the developer and the homeowners, and in the <br />Council's decision on the Amador Valley Savings and Loan <br />development, it was the intent and understanding of Council that <br />the one story houses behind the existing residences on Sylvaner <br />would be no higher than those homes. He felt staff should have <br />been more careful in approving the house plans. Councilmember <br />Brandes stated he has talked to the City Attorney and after these <br />discussions, he feels it is in the best interest of the City and <br />the surrounding property owners to accept the settlement; to do <br />otherwise could cost the City hundreds of thousands of dollars and <br />the surrounding property owners could end up with houses with <br />higher roof lines. He stated that Council has learned a lesson <br />and that is to specify the absolute height of houses in any <br />development. <br /> <br /> Councilmember Tarver stated there has been benefit out of <br />this experience but it is unfortunate that it had to happen to <br /> <br /> - 22 - <br /> 4/04/8S S <br /> <br /> <br />