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Mr. Ward, with time ceded by other speakers, spoke about previous communications. He also addressed what he believes to be public benefit for the community and the city. Mr. Ward made comments related to the fact that in the past this was a public street and now it is a private street and in his opinion this has no impact in the determination. He does not believe that either way the city has any financial obligation to maintain the street. He provided information about the public benefit such as the improved culvert and the access for fire crews. He asked that Council consider a financing mechanism to cover the matter to start the EIR process. Council asked for a quick update on the status of this project. Mr. Passanisi, Principal Planner, explained that staff is on its way to beginning the work on the 21 parcels on Laurel Way. The issue of the 21 parcels was discussed and one is being excluded because of the owner not wanting to participate. The Council discussed the properties included and the one excluded. Staff confirmed that the entire area will be included in the EIR. One Council Member commented on the issue of the 18% contribution mentioned in 1996. Staff said this possible contribution was later reversed based on a legal opinion. One Council Member provided historical background on positions taken by Mr. Sweeney. The Council Member that was present at the prior discussions did not recall this being a blank check approval at that time. One Council Member suggested coming back with a menu of options. The matter was referred back to City staff to look at other financing options because this is a unique situation. Various Council Members did not want to take action tonight but instead have staff look at other options. One Council Member said it was unfortunate that prior Councils (in 1996) were not told that such action was against an existing policy. Vice Mayor Howard wanted a differentiation befinreen what the project was with a public road versus the current private road design. Mayor Foust would not like to undo what has been done in the past or have future Council's deal with situations that are created by the current Council. Mayor Foust made comments about the tone of certain correspondence received. She stated that this is a Council of integrity and it tries to be responsive and ethical. City Manager Ingram explained that it might be better to hold off on scheduling this until the EIR is certified by the Planning Commission. There was no consensus on setting a date for this to come back. One Council Member stated that he did not want to leave the impression that the city will fund the EIR. One Council Member was clear that changing prior resolutions and Council actions was not a welcome solution. In general, the Council asked for exploration of legally acceptable alternatives. Council stated that there is no pre-ordained assumption that the Council will pay but that merely Council is asking staff to provide other choices. Council consensus was to have this come back with some options for Council consideration. Council consensus was that this action tonight is not to be viewed as a commitment to funding or that the project is approved even if certified by the Planning Commission. The consensus also included that this come back after the possible certification by the Planning Commission. Mayor Foust thanked all those present for their time and comments. SPECIAL CITY COUNCIL/REDEVELOPMENT AGENCY BOARD MAY 18, 2009 MEETING MINUTES PAGE 4 MINUTE BOOK NO. 62 Page No. 367