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. ., In response to a question by Council Member Claire, City Attorney Sehrieker said that even if the City wins the lawsuit, the City will still have a commercial development on this - property. Mayor Howard invited the speakers to express their opinions. (Vice Mayor Ruskin arrived at this time, 7:47p.m.) Mr. Terry Anderlini, 619 Marlin Court, Redwood Shores Homeowners Association Board member and attorney looking into the legal issues, said, "Virtually, no one in Redwood Shores wants a commercial building there, whether it be 2-stories or 4-stories. And it is quite an accomplishment to get the developer to agree to a substantial reduction of his project." The focus of his concern is that the traffic and other environmental issues still exist, and he said "The Redwood Shores Homeowners Association has discussed this issue and does not feel that this is an acceptable resolution of the matter." He added, that to his knowledge RSHA did not formally participate in the negotiations to settle this dispute and the Board's current position was that this is not a satisfactory settlement. In response to Mr. Anderlini's question, City Attorney Sehrieker advised that the building permit had not been issued. Mr. Anderlini described alleged technical and procedural defects regarding the issuance of a building permit within 2 years of the approval of the Vesting Tentative Map and whether - a building permit is a ministerial or discretionary act (Friends of Westwood, Inc. v City of Los Angeles, 191 CAL AP, THIRD, 259, PAGE 273). He also cited the lack of Redwood Shores' residents input as justification for Council to pursue other options. In response to Mayor Howard's questions regarding Mr. Anderlini's comments, City Attorney Sehrieker said, "The (developer) is well within the time requirements for the issuance of entitlements under the Vesting Tentative Map." He pointed out that the City Council did not receive advice from the developer's attorney, they received correspondence. . .. threats of litigation is not advice. "The general rule of law is that the issuance of a building permit is ministerial, in other words, the building official has no authority to withhold the issuance of a building permit so long as all necessary legal conditions are met beforehand. The Westward case was an environmental case, and the environmental review had not been thoroughly addressed... "The notion of introducing additional parties to negotiations in settlement, is entirely inimical to the legal process. A lawsuit by its very nature is between the litigating parties, in this case the owner of the property and the City. Consequently, it would be entirely inappropriate in the context of legal proceedings to introduce or allow other parties to negotiate. There is no obligation to introduce other parties to negotiate nor is it advisable from a standpoint of policy because it obviously introduces interests outside the scope of the litigation. It introduces third party political interests, but that does not mean that the - ADJOURNED REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 DECEMBER 18,1997 MINUTES Page No. 115 PAGE 10