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. . a . . - would indicate that in doing so I would put the City and the citizens of our City in jeopardy. Staff basically told me that legally we would have some difficulties if we did not proceed tonight... I was prepared earlier this evening to vote in favor of the extension - until I got this (POST's letter) II pages delivered to me 2 minutes, or at least I saw it 2 minutes before the meeting started. If there was any doubt in my mind before I received this II page document that in voting tonight for anything else than the motion that was made that I could in fact, or we would put the City in some jeopardy, this document certainly tells me now we could be in some jeopardy. I, also, after receiving this document and listening to the testimony don't really believe the 30 days will do anything for the process. I really don't believe it does. I am convinced now that only the court can decide who is right in this process. I agree with both Council Member Hartnett and Vice Mayor Ruskin that Bair Island access is extremely important, but I also believe the City in the future will have the ability during a development permit process to require that access from future developers in that site. I also personally as a Council Member have some real difficulties in the development of anything out there. I know we have already had a Tentative Map approved, but unless the traffic problem is solved, I certainly in the future would not vote for any further development in those areas. So a word to the developers of potential property developments out there, we have to solve the traffic problem, or I won't go forward. For that reason I'll go vote in favor of the resolution primarily because I think the only way it is going to be solved is through the court, and I don't think 30 days is going to help the process one iota." Council Member Ira said, "I concur with everything that Council Member Hartnett brought up earlier. I just want to reaffirm that I think it is the desire of every Councilman - and woman up here... to make sure that there is adequate public access. I know that is a priority of ours. We believe that the road would help accomplish this, and we are not in any way trying to do this because of a particular development. I would like to emphasize one thing that Councilman Claire just said, and that is there may be very little development out there on that particular site when the traffic mitigation has to be added up in dollars and cents. They may find it becomes quite impractical to build any housing out there. And that will continue to be a priority of the Council, and to make sure that traffic mitigation is the number one priority of any development. I do think that this is a good thing and a good way to go forward and I do think that we can still reach agreement and not have to deal with any type oflegal action." Mayor Howard said, "I agree with what Council Member Hartnett said. I am in complete agreement with what he has said, and he has said it so well. In the interest of time I won't repeat it. We are focused on what we are here for this evening, which is honoring an agreement to fix a substandard road, and it had to address four items, which were in our report. I feel that we adequately addressed the need for the resolution of necessity. I feel we answered those questions. I see the need to move on this, that we should not be belaboring it. I think that the other issues can be addressed in other venues at other times, and need to be, definitely, (including) traffic mitigation and public access. I think if this - REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 APRIL 6,1998 MINUTES Page No. 383 PAGE 23