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accessing the Island itself." Mrs. Rust said when POST acquired the property it also acquired Bair Island Road. Mrs. Rust said, "I want to be clear. POST does not oppose (the Riab) development. We are not trying to oppose development at all. We are not endorsing it... all we are looking at is the public good. With these increased developments we see increased safety issues on access to Bair Island. So we are looking to you to work with us on these issues. Delay... this finding having to do with the condemnation action for a month so that we might work with this owner and developer of the Riab property, to come to some mutually agreeable conclusion about how to do this in a way that the public is served... POST is not a for profit organization. We are doing this purely and solely for the public good... We are not trying to stop the Riab development in any way. We have no interest in doing that. We want to find a good conclusion. ... But we need some time to do that." Norman Matteoni said, "POST does have to come forward to protect its position and it feels it has to negotiate mitigation measures up front to know that the project as proposed and adopted by you.... does serve the National Wildlife Refuge use created on Bair Island that POST is dedicated to accomplish. He said what POST is proposing, "both by way of objection and a means to solve the objection. It is not simply a matter of money, it is a matter of making the proposed road project compatible in the context that Audrey Rust just described to you." Mr. Matteoni referred to the negotiations held with the City's eminent domain attorney, "we have proposed measures that include parking, appropriate safety measures across the road, tying in already dedicated path ways west of Bair Island Road at the point of extension to the bridge crossing to Inner Bair Island. What we want to do is to delineate exactly how those things can be accomplished and work collectively with the City and we assume with the developers participation, to make the project fit and be a safe point of access for the general public and citizens of Redwood City." Mr. Matteoni said he cited a Government Code Section in his referenced letter that states, "when a privately held piece of property, or property purchased by a non-profit, is for the purpose of preserving the natural condition of that property, that non-profit association is supported by donations and has tax exemptions, all of which POST has, the property is irrevocably dedicated to the public in terms of the contract POST has with its soon to be partner agency, U.S. Fish and Wildlife Service, that that use by the entire holdings of POST, all the areas (including Bair Island Road) is under the law, the best and most necessary public use. The City certainly has public use establishment powers in any road that serves the entire City and general public, but that must be balanced against this best and most necessary public use. And that's the crux of what we are trying to address. We feel that we need some time for a fair discussion of that, and...(we) fail to see the need to rush to a litigious situation tonight." Mr. Matteoni suggested waiting until the Final Map was recorded and then have the City proceed if necessary by eminent domain to acquire the area for the road. He advised that BCDC has jurisdiction over this area and would require the City or the developer to obtain a permit. He said POST could be of assistance in coordinating that process if there were means of making that road compatible with POST's purposes. He said they were requesting "a short time to work with the City as a REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 APRIL 6,1998 MINUTES Page No. 376 PAGE 16