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365 Mr. Stansell pointed out on the display map where the drainage facilities were supposed to be placed.- He stated that a similar ditch as was installed above Lots 1, 2 and 3 was requested by the soils engineer to pass above Lots 4 and 5 coming down to connect to the main storm drain system on Foothill. There was supposed to be a cement lined V-ditch to drain down into the storm drain. Councilmember Mohr stated in the process of a PUD getting approved Council receives documents at various times, the final document being submitted the one that is actually approved; in view of the disagreement here, is it pos- sible that Mr. Startsell was looking at an earlier document than the final one that was approved. Mr. MacDonald stated this is possible. Councilmember Brandes stated if in fact the City goes through this pro- cedure and there is a soils engineers report, and after the soils engineer signs off and everything is satisfactory, does this relieve the restrictions originally put on. Is there any liability on the soils engineer? Mr. Mac- Donald stated the City will approve improvement plans and see that the plans are done in accordance with the approved improvement plans; whether those plans necessarily are adequate is determined in actual rainfall and that cre- ates potential liability between soils engineers, developers and homeowners that the City cannot get involved in. The City is out of it. Mr. Manual DeFrates stated that everything was installed according to the plans. Mr. John DeFrates pointed out that the property had two individual tract numbers, two different subdivisions, developed at two different times, he has received no monetary gain in the upper Twelve Oakes original 11 lots. He stated it is a completely different subdivision down below and at the end of Twelve Oakes there is an easement through that property for another additional four lots that have nothing to do with with the first original 11 lots, which is Todco. He stated it needs to be clarified there is no financial gain on the bottom. The City is the one who allowed this change of a separate home- owners association to public streets; they allowed Boatright to develop it as separate individual lots. At one time they were supposed to have their own homeowners associafion. The V-ditch does not show on any improvement plans and if it was going to be installed it should have been installed on property that it benefits, not on upper Twelve Oaks property. Councilmember Brandes stated that there is the potential for far greater danger than before with the rainfalls. He wants the City to enforce its PUD's, he does not want to get in a legal squabble between property owners, he would like to find a way to get the work done in accordance with the recommen- dations of the engineers report and substantiated by the Public Works Direc- tors. He felt the work should be done as rapidly as possible. He stated he is against the City footing the bill on that; and if there is any other way he would prefer the City not do the maintenance work. Mr. Elliott stated the intention is to put it out to bid. Mr. MacDonald stated when we call main- tenance we are talking about the kinds of things that are deferred maintenance to insure that the City will not have to do it again in the future; one single project. Councilmember Brandes if this increased or decreased the City's liability if the City goes through this process. Mr. MacDonald stated the City's liability will be minimized by getting the problem solved rather than letting it wander on in court and greater damages accrue while debating the issue. 15 - 1-6-87