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that is one of the reasons we are going forward here." Mayor Howard asked about public access to the Marina. City Attorney Schricker said that was a different matter, "There is public access to the proposed Riab development directly to the Marina itself. On whole portion of it. There is another portion which has interrupted access by virtue of a gate. And the reason the gate is there is because that also allows access to the residential portion of the development. That will also provide public access during daylight hours during a condition imposed by the Planning Commission." Mr. Fitzgerald said he wanted to make it clear that "You are not acquiring this property for Riab... You are acquiring this property for the extension of a public street, to confirm that existing easement use, that has been in existence for some 20, 30 or 40 years." He said the only matter before the Council tonight is the acquisition of 25,900 square feet for an easement for the extension of a City street. City Attorney Schricker clarified Mr. Matteoni's comments that although the Tentative Map had been approved, only the Final Map would trigger a legal requirement. He said, "you have also been approached by other members of the community requesting an extension of that road.... that would enhance their public use as well. Essentially what is before the City Council tonight is, No. I, it is not the Riab Development.... that is not the legally compelling basis on which this resolution of necessity is brought to you. What we are talking about tonight is an extension of a road which is already there." Mayor Howard called upon those members of the audience who wished to speak to this Issue. Don Warren, 125 Stonybrook, Los Gatos, provided background on the intent of the completion of Bair Island Road. He said, "Bair Island Road was a part of the holdings of Redwood Shores Properties which were sold to POST in May of 1997. Prior to that date, Bair Island Road was improved at the City's request, and Redwood Shores Properties request for a portion of the road to serve the adjacent properties, and to serve the public good as a public street into that area. I offer to you that it was always the intent, not only of the then private property owner, but of the City itself, to complete that road to City standards all the way to Pete's Harbor.... Tonight is an issue of the implementation of the public good, to extend a road which has been consistently in the City's General Plan and designated on the City's general maps, as a public thoroughfare to service all of the properties in that area, including in this context POST. In my opinion, ladies and gentlemen, I believe the action tonight does that. It serves all the property owners and the intent of the City. I would also offer to you, based upon the background I have had in this matter, there has been well over a year of dialogue between POST and prior to POST, Redwood Shores Properties, and one or the other of the various property owners there trying to resolve what should have been a very simple issue of access to that road. You have a situation where there is a property owner and the City who have before them an offer to pay the costs to complete this road to the end of Pete's Harbor, and it is timely to proceed. I do not believe that the City's interests are served by delaying this matter any more. There has been over a year of dialogue." Mr. Warren said the U.S. Fish and REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 APRIL 6,1998 MINUTES Page No. 378 PAGE 18