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- - <br /> <br /> <br /> Communication 1064 <br /> Resolution 553-08 <br /> Page 2 of 3 <br /> i <br /> felt was a real simple way to make the Coupe appeal a moot point and hoped the Administration <br /> would this proposal. <br /> <br /> Council Member Jacobson stated that because of Oceanside's request to be indemnified by the <br /> County if they proceeded with construction during the appeal, his concern was the potential loss <br /> associated with this proposal if condemnation did not go through, especially since construction is <br /> supposed to be done by Hokulia and if the County completed construction over the Coupe <br /> property, would the County be exposed to some liability. <br /> <br /> Corporation Counsel Torigoe stated that this was something the County has to work out with <br /> Hokulia, because pursuant to the Development Agreement and at this point, there must be fair <br /> consideration. He stated that generally, the office of the Corporation Counsel sees this as <br /> something to be considered and may be an alternative direction to take. Mr. Torigoe noted that <br /> the court decision gives the County possession and full right to go in and do the road. <br /> <br /> Council Member Ford noted that some matters probably need to be discussed in Executive <br /> Session and suggested the possibility of postponement. Corporation Counsel Torigoe stated that <br /> any detailed discussions of the legalities of this matter is best done in Executive Session simply <br /> because there may be issues and differences of opinions from a legal standpoint which, if <br /> discussed in detail, may touch upon potential liability and weaken the County's position. <br /> Council Chair Hoffmann made clear that if in fact there are issues which should be discussed in <br /> Executive Session, that the Council be sure to address that before the resolution is passed. <br /> Mr. Torigoe stated that if the Committee decided to go ahead and act on the resolution their <br /> office would still look at all the legal issues since the resolution is basically asking the <br /> Administration to consider undertaking construction. <br /> <br /> Council Member Higa stated that the resolution only gives the Administration an option and that <br /> he was confident the Administration and the Corporation Counsel would work within the legal <br /> parameters regardless, especially since the resolution is non-binding but provides the Department <br /> with another tool at its disposal to make the road happen. <br /> <br /> Council Member Yagong stated he wants Hokulia to build the road and that whatever <br /> arrangement or understanding we can get from Hokulia to do the road, then that should be our <br /> very first option. If that breaks down and is not a possibility, then what Mr. Higa is trying to do, <br /> if legally okay for us to do, then we should do it. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> JC-PWIRC; FC & PC Report No. 6 <br />