CCMIN010687 - Laserfiche WebLink

361 property owners to take reasonable precautions to avoid damage to their prop- erty. In reviewing this situation, what he has found is the reasonable pre- cautions taken by the developer of the lower portion is a V-ditch and ap- parently an eighteen inch line without a trash rack. Perhaps if they had taken more precautions there would not have been any damage. As adverse as Mr. Stansell and the Twelve Oaks Homeowners are now because of a law suit it is incredible how much he could agree with Mr. Stansell's statement, 95% of what he says is true and he symphathized with him. But for him to allude, and Mr. Mendicino to allude that Twelve Oaks Homeowners developed the lower par- cel, therefore as that developer they are responsible is wrong. They were not the developer of the lower parcel. Mr. Smith stated he also disagreed with the City Attorney regarding responsibility for informing homeowners about public notice and construction notice requiring that certain document be re- corded so that when property owners like Mr. Stansell and Mr. Hegg buy their property they are given notice of the restrictions imposed on them including a homeowners and other PUD restrictions. That was not provided. That was not a matter of public record, as a result of the first phase and second phase development. Councilmember Brandes asked if that information could be obtained through the Department of Real Estate. Mr. Smith stated the Department of Real Estate has to approve all the subdivisions and they should provide that information. Mr. Smith stated that after the upper Twelve Oaks was developed and most homeowners in and the lower track begin to be developed by Boatright/Goodrich, somehow and sometime it was recommended apparently that to protect those bot- tom homeowners and to fulfill their responsibility to take reasonable precau- tions from uphill water they decided to put a V-ditch in. That V-ditch was put in without permission of the upper Twelve Oaks; it simply appeared, people came and put it in. Mr. Boatright never came to the upper Twelve Oakes and asked for that permission. If he had, it probably would have been granted. But it was the upper Twelve Oaks understanding that it was put in for the benefit of lower Twelve Oaks people. In the spirit of fairness, think in terms of who is benefitting from these drainage facilities. There is a lot of natural water running off those slopes and any drainage facilities truly bene- fit to a greater degree the lower than the upper. Mr. Smith stated there is joint responsibility as th~ staff report indicates. Mr. Stansell state~[-'that with regard to the V-ditch which mysteriously appeared, it all comes back to the fact that this unit was looked at as one solid parcel; that seems to be common agreement. At some point someone made a decision along the line to develop the "secondary phase". That does not make sense to him; this entire project was looked at as a whole, the soils en- gineering report referred to this as a whole and included recommendations for the existing V-ditch, the pipes that run through his lot to the public street on Gloria Court, and also addrssed the other pipes that are existing. These pipes were implemented by the contractors above; MJB Pipeline put in these pipes. All of the soils engineering recommendations was for the entire proj- ect; upper and lower. He did not think that is relevant; it was supposed to be there. There are other V-ditches that were never implemented. He stated that he met with Mr. Pasqual of the Engineering Department, and the City Man- ager to discuss briefly why the other V-ditch above lots 4 and 5 never went in; they were not quite sure why except that there was a stability problem. It was supposed to be put in later and the question arose why wasn't there a bond posted before it was finaled. All of the recommendations of the upper Twelve Oaks people are saying regarding the drainage implementations that were - 13 1-6-87