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was offered deed rights, wells, ingress ahd egress for deed of easement; he never received anything. Mr. Ward stated he is not willing to make any deci- sion until he sees all offers set forth in writing. He strongly felt there is an error in the survey of the subdivision and he wants that corrected before making a final decision. He stated there is a trespass of the retaining wall and unsafe ingress to the property. He felt the City will have enormous liability because of the guard rail on Vineyard Avenue. Mr. Ward stated he would like assurance in writing of the provision for a safe driveway and to have a record of survey done. There being no further testimony, Mayor Mercer declared the public hearing closed on this item. After discussion, it was moved by Councilmember Brandes, and seconded by Councilmember Butler, that Resolution No. 88-58, making application to LAFCO for Annexation No. 120, Harris and Ward properties on Vineyard Avenue; Resolu- tion No. 88-59, agreeing to the exchange of property tax revenue in connection with Annexation No. 120, Harris and Ward properties on Vineyard Avenue; and Resolution No. 88-60, initiating prezoning to PUD {Planned Unit Development)- Medium Density Residential District for Annexation No. 120, Harris and Ward properties on Vineyard Avenue, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes Butler, Wilson, and Mayor Mercer NOES: None ABSENT: None ABSTAINED:Councilmember Mohr MATTERS CONTINUED FOR DECISION Adoption of Ordinance No. 1349~ Approval of PUD-80-15-SD, Application of Tioga Construction Company to fezone an approximately 3.63 acre site to PUD (Planned Unit Development)-Commercial District and to approve a development plan for an approximately 30~142 sq. ft. mixed use commercial complex located at the southeast corner of Santa Rita Road and Pimlico Drive (Intro. 12-15-87, 4-Ayes, 1-No) (Re-Intro. 1-5-88, 3-Ayes, 2-Noes) {Re-Intro. 1-19-88, 4-Ayes, 1-No) Mayor Mercer declared this item continued to the meeting of February 16, 1988, for completion of plans and review by the Planning Department. REPORTS OF BOARDS AND COMMISSIONS There were no reports of Boards and Commissions presented at this meeting. REPORTS OF THE CITY MANAGER Agreement with Roselma Bonde et al for Street Dedication and Annexation Consider Adoption of Negative Declaration Mr. Swift presented his report {SR 88:57) dated February 2, 1988, regard- ing this matter. Mr. Dean Beauchenour, 894 Vineyard Avenue, stated he is concerned about the plan for this road and that future development of the property has not taken into account the citizens adjoining the property. He had concerns regarding location and grading of the road as well as volume of traffic. He is opposed to the financing and the plan. He opposd the following items in the Environmental Impact Report: {1) item 7 - traffic and circulation pattern; {2) item 8 noise; (3) item 11 growth inducing impact; and (4) item 13 - - 12 - 2-2-88