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of the easement: access to the garage of the house that used to be there". It did play an important role, I felt, in the final design of Canyon Road at that location," Vice Mayor Howard said she was not at the May 19 Council meeting, but had reviewed the video submitted by the Wolfskill/Dowlings and read all the reports and the Minutes. In response to Vice Mayor Howard's questions, Senior Planner Passanisi said the Use Permit required a drop off and pick up point for the parents, and employees of the Day Care were required to use the two off street parking spaces set aside for them as described in the Use Permit. In response to Vice Mayor Howard's questions regarding her qualification to participate in this matter due to her absence from the May 19 meeting, City Attorney Schricker said, "the question is a bit of a close call. Generally we prefer that the Council Member who was absent review the tape recordings of the hearing. I reviewed the Minutes and they provide sununary narratives... assuming that the representatives of the most interested parties that is to say the neighbors here, I would be prepared to indicate that Vice Mayor Howard is qualified to participate. But if either the appellants or the owners of the large day care center or the neighbor have any objection I would request that they indicate that objection and state the reasons for it so we could consider any objections to this recommendation." Mayor Hartnett called upon the most interested parties: David Wolfskill, 751 Canyon Road, said, "No objections." Lynn Dowling, 751 Canyon Road, said "No objections," Ken Sartain, 743 Canyon Road, said "I think the Minutes are a fair representation of what went on. I have no objections." Michele Sartain, 743 Canyon Road, said "No objections," In response to Councilman Claire's questions, Senior Engineer Lynch said at the time the City made improvements to Canyon Road, staff had no knowledge of a commercial operation at 743 Canyon Road. Mayor Hartnett said that the reports received by Council were clear that the day care center permit was applied for well after the Canyon Road improvements were done. In response to Vice Mayor Howard's questions regarding liability if someone is injured on the easement, City Attorney said, "That is a very difficult question to answer. If you apply the rules of negligence there has to be a proximate cause for the injuries. The question is whether there would be any negligence of the owner of the property on which the easement goes across. The liability will turn on the factual circumstances involved. I hesitate to give examples for fear it might be considered something might happen. Simply ownership alone of the property subject to an easement does not automatically give rise to liability of the kind you are talking about. Involvement of some action or inaction by the REGULAR COUNCIL MEETING MINUTE BOOK NO. 55 JUNE2,1997 MINUTES Page No. 362 PAGE 6