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planting was subsequent to the `94 map. Historically, residents have been responsible for removing foliage placed on pathways. CLOSED PUBLIC COMMENT Mayor Pro Tem O'Malley offered that this was a unique situation. He is not adverse to the Town paying approximately $3,000 in costs to acquire the increased pathway easement on the driveway and not have to build a pathway. Councilmember Fenwick concurred. Councilmember Warshawsky stated that this action by Council would not set a precedent. They are increasing the size of the existing easement and he is amenable to moving forward and the Town paying associated costs. Counci nember Kerr agreed and was favorable to the recommendation of the Pathways Committee that costs could be paid from the Pathways budget. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Kerr and passed by the following roll call vote to accept the increased pathway easement from Lands of Bariteau and for the Town to pay all normal associated costs. AYES: Mayor Cheng, Mayor Pro Tem O'Malley, Councilmember Fenwick, Councilmember Kerr and Councilmember Warshawsky NOES: None ABSENT: None ABSTAIN: None 5.4 Acceptance of the Mora Drive Sewer Reimbursement Agreement City Engineer Mintze Cheng addressed Council. She summarized the history of the project. Mora Drive is located in the unincorporated area within the Town's Sphere of Influence and Urban Service Area. At the December 7, 2000 City Council meeting, the Council entered into an Out-of-Agency Contract for Sewer Service with the Mora Drive Sewer Group (a total of twenty-nine property owners). This is an initiated sewer extension project in the County unincorporated area. The construction was commenced in 2001 and the Town issued a substantial completion notice on July 1, 2002. At this time the sanitary sewer line is considered privately owned, with tonight's action by the Council, the Town will formally accept the sewer line and assume the responsibility for maintenance. Additionally, there is a Sewer Reimbursement Agreement before Council for consideration. City Attorney Mattas explained that Council had before them two versions of the Sewer Agreement: 1) the staff recommended Sewer Agreement, and 2) the modified Sewer Agreement that denotes the changes requested by the Mora Drive Sewer Project Group. Mattas added that staff does not recommend approval of the amended 'agreement. Reasons for this position are defined in the staff report. Mattas clarified that 5 City Council Meeting Minutes November 20,2003