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367 Councilmember Butler stated it was suggested that the City could require the Homeowners Association to do the same thing the City would do; getting bids and hiring contractors - wouldn't that be subject to delay in court or other reasons. Mr. MacDonald advised that it could be delayed; if the City tried to get an injunction in court to order the Homeowners Association to do it then there is the time period in which it is debated. Councilmember Wilson asked if the City has permission to go onto the pri- vate property of Upper Twelve Oakes to make the repairs. Mr. MacDonald stated that Condition No. 29a gives the City the right-of-entry to do the work that is necessary as does the CC&R's, so the City does have the right to go on the property and do the work. Councilmember Butler asked if it is Council's intent to follow recommenda- tion No. 2 if it still wouldn't make sense to resolve the issue of whether or not this is a single PUD and agreed with that portion of the staff report. The argument can be made if Alternative 2 is approved Council is rejecting that position that says that the entire area should have been covered under one PUD; he stated he could not go along with that. Councilmember Mohr stated the cost of getting the initial repair work done is not monumental and she agreed with Councilmember Butler; her concern is If) what may happen down the road. If she were reading this as a PUD being sub- CU mitted before Council now, she would have expected there to be a homeowners (lJ association to cover all 28 lots. Why it happened the way it did is probably not the important question, the answer tonight is to see that the intent is ~ complied with in a manner that will address any subsequent concerns, and get- IT') ting it taken care of right now so there are not additional damages to the ~ property owners. Councilmember Brandes stated this sounds good in theory but in practical theory he did not think it would work because if you are going to have those requirements they have to be a deed restriction and he is not aware of a way the City can go back at this time after the people have bought the property and apply additional deed restrictions. Mr. MacDonald stated it would be ex- tremely difficult to do but the City could get an injunction so that when any one of those properties in the lower part transferred hands they would be forced to join an owners association, which consists of the Twelve Oaks Home- owners Association. He stated it would be a great problem and would not solve anything; the City would spend more money in litigation than what it would take to do the repairs that need to be done and then probably the situation will take care of itself with on-going maintenance. Councilmember Wilson asked who was going to take over the on-going main- tenance. This thing could go on for fifteen years. He felt it would be bet- ter for the City to take over the responsibility and maintain it. The two parties are so far apart they will probably never get together. Councilmember Mohr stated that Mr. Mendicino's letter indicated a willing- ness for friendly cooperation. Mayor Mercer stated this is a unusual sitaution; it started out with a PUD involving 28 lots - after 11 lots were developed or sold off then the rest came in later. During that process different City personnel were involved and perhaps the City was a little bit at fault. So much of it depends on what the soils engineer wanted done; the soils engineer isn't here anymore so it cant - 16 1-6-87