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255 86:95) dated November 18, 1986, regarding this matter. No action was required or taken by Council on the item. Encroachment Permit to Bob Byrd to Construct a Drainage Structure at the Southern Terminus of San Antonio Street for the Purpose of Diverting Drainage Overflow to San Antonio Street Mayor Mercer declared this item removed from the agenda, at the request of staff. Minor Modification to Cases PUD-83-19 and PUD-84-17, Ponderosa Industries {PUD-83-19-3M and PUD-84-17-3M) Mr. Swift presented his report (IR 86:94) dated November 18, 1986, regard- ing this matter. No action was required or taken by Council on the item. Minor Modification to Case PUD-82-18-6D, Santa Rita Office Complex (PUD-82-18~ 6D-1M) Mr. Swift presented his report (IR 86:96) dated November 18, 1986, regard- ing this matter. No action was required or taken by Council on the item. MATTERS INITIATED BY COUNCILMEMBERS Discussion of Vacant Seat on Council Mayor Mercer reviewed the City Attorney's memorandum advising that if the Council vacancy is not filled within thirty days from November 11, 1986, then the Council would have to call a special election because it would no longer have authority to appoint. Mr. Mike Graziadei, 3955 Churchill Drive, stated he is in favor of a spe- cial election. As a former enlisted veteran he felt the right to vote should never be prohibited; he found it incredible for the City Council to determine whether or not he had the right to vote. He felt that not to allow a special election and allow the people to vote would damage the credibility of the Council with Pleasanton's Sister City, Tulancingo, Mexico; and with the citizens of Pleasanton. He stated the cost of $15,000-$25,000 should not be a deterrent to holding a special election, the City has funds to hold such an election. He stated that in a recent survey taken by Channel 30 the results were overwhelmingly in faver of a special election to fill the vacant City Council seat. He urged CoUncilmembers to represent the will of the citizens of Pleasanton in this issue and have a special election, allowing them their right to vote on this m~tter, and thus upholding the integrity of the Council. Mr. Brian Benda, 4820 Smith Gate Court, stated he is in favor of a special election. He stated the integrity of the appointee would be in jeopardy as well as the City Council, if the vacant seat is filled by appointment. He stated the City will benefit by a special election, and the City Council will be harmed by appointment. He stated this brings the issue to the public. He stated the important need for a 5th Councilmember is for a 5th opinion. He stated that it Council does chose to fill the vacant seat by appointment he felt Ben Tarver should be appointed to fill the vacancy because of his diverse opinions and community support. Mr. Benda recommended holding a special elec- tion to fill the vacant seat. Mr. Leo Heckathorn, 4202 Stanley Boulevard, stated he is in favor of ap- pointing a person to fill the vacant seat; that process has worked well in the past with the appointment of Roger McLean and Robert Butler. He felt that former Councilmember Walter Wood should be appointed. He added that Thurman Caudill concurs with this opinion. 4 - 11-18-86