2006-04-07 TAinaloa - Laserfiche WebLink

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GALDONES:Thats fine. So in linewith this statement that you have made earlier that they were doing this in good faith, that you believe that they would be doing this in good faith, that either theyre going to do the project or theyre going to be coming up with the $500,000 within the year? SONG:I doubt that you are going to see my client come back for any further time extensions at this point. ALAMEDA:Commissioner Watanabe? WATANABE:No. I think my question got answered. So to clarify, though, your client understands that if within a year the $500,000 is not paid that the permit is dead? SONG:Essentially the permit is dead because they havent complied with thecondition.TheremightbesometechnicalrequirementsthatthePlanningDirectorhas to do to nullify the permit but my client understands that its essentially dead. ALAMEDA:Ms. Siracusa. SIRACUSA:Yes, it would greatly aid my comfort level if I could have some assurance that if that happened and your client decided not to go ahead and the permit was not extended that, and then later on your client decided to apply for another permit for another kind of project, that that $500,000 would not be considered part of the fair share for a future project? Am I making myself --? I look at all the confusion on everyones faces at the table and Im thinking Im not making myself clear. ALAMEDA:Who are you directing your question to, or you want to rephrase the question and direct it directly to someone, some party, or its --? SIRACUSA:Yeah. Say, all right, say your client decides not to go ahead with this after all and then a few years down, and has paid the $500,000. And a few years later down the line he decides to do another, he still owns the property so he decides to do a different type of project, applies for another permit and then says, Well, I already paid $500,000, thats the fair share. I shouldnt have to pay anymore for another project. I would like to make sure that this $500,000 is key to this particular permit and would not be transferable to any future permits. ALAMEDA:Whos the best person to answer that? Ms. Todd? LEITHEAD-TODD: I dont think that anybody could guarantee that. And I dont know that it would necessarily hold up to legal scrutiny under the idea that if you have to pay money for certain impacts and if you have another project and youve already paid money towards an impact and unless that other project is going to create more of an impact than the first one, I cannot promise you that there wouldnt be some kind of a credit for that payment. Cause, you know, if you came in and lets say, you know, instead of a golf course he was looking at doing 50 lots, okay, thats 200 acres. Well, on 21EXHIBIT D