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343 <br /> April 1986; and referring this matter to the City Attorney for further <br /> handling. <br /> <br />s. Remove from the agenda - Vacation of Portion of Santa Rita Road. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer <br />NOES: None <br />ABSENT: None <br /> <br />SPECIAL AND INFORMATIONAL REPORTS <br />Minutes from Staff Traffic Committee Meeting of December 4, 1986 <br /> Mr. Elliott presented his report (IR 87:01) dated January 6, 1987, regard- <br />ing this matter. No ac-tion was required or taken by Council on the item. <br /> <br />Minor Modification to PUD-85-8-1D, AT&T Communication Site 59 IPUD-85-8-1D-2M) <br /> Mr. Swi~ presented his report (IR 87:03) dated January 6, 1987, regarding <br />this matter. No action was required or taken by Council on the item. <br /> <br />Minor Modification to PUD-82-17, 5000 Foothill Road IPUD-82-17-3M) <br /> Mr. Swift presented his report (IR 87:02) dated January 6, 1987, regarding <br />this matter. No action was required or taken by Council on the item. <br /> <br />Minor Modification to PUD-85-2-1D, East Bay .BMW (PUD-85-2-1D-2M) <br /> Mr. Swift presented his report (IR 87:05) dated January 6, 1987, regarding <br />this matter. No action was required or taken by Council on the item. <br /> <br />Minor Modification to PUD-80-2, Koll Business Center (PUD-80-2-3MI <br /> Mr. Swift presented his report (IR 87:04) dated January 6, 1987, regarding <br />this matter. No action was required or taken by Council on the item. <br /> <br />Status Report on Pacific Locomotive Association Niles Canyon Project <br /> Mr. Swift presented his report (IR 87:06) dated January 6, 1987, regarding <br />this matter. No action was required or taken by Council on the item. <br /> <br />MATTERS INITIATED BY COUNCILMEMBERS <br />Status Report on L~wer Twelve Oakes <br /> Mr. MacDonald presented his report (SR 87:21) dated December 31, 1986, <br />regarding this matter. <br /> <br /> Mr. Larry Smith, Attorney representing Twelve Oaks Homeowners Association, <br />stated they have asked him to come here tonight to answer any question that <br />Council may have regarding this situation or any questions that the City At- <br />torney's office may have. He asked to give a brief context into the actions <br />and behavior of the Twelve Oakes Association as it has been so tremendouly <br />impacted by the his advice to them some years ago and a recent law suit filed <br />by Mr. Stansell. The Twelve Oaks Homeowners Association has read the staff <br />report, they have discussed it, and agree with the recommendation by staff <br />that the City should get the drainage problem fixed. They do not agree that <br />they are the persons ultimately responsible for this but believe it is impor- <br />tant that the matter be resolved quickly before any more rains, and they can <br />worry about ultimate responsibility through the judicial system. <br /> <br /> Councilmember Mohr asked Mr. Smith that when he said he agreed with the <br />staff report but not that they bear the expense, the staff report is for the <br />entire PUD to bear the expense. Mr. Smith stated he did not say that they <br /> <br /> 4 - 1-6-87 <br /> <br /> <br />