2006-04-07 TAinaloa - Laserfiche WebLink

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submit it to you. I understand theres a letter from, to the Commission from Mr. Yuen. I have not seen that letter but I would assume the letter from Mr. Yuen restates what the agreement is. TORIGOE:Mr. Chairman? IWASHITA:Well, there are terms in here but its not, you know, in the form of a settlement agreement that Im used to seeing. Im sure --. Is there not going to be a separate settlement document? ALAMEDA:Mr. Director, go ahead. YUEN:There really --. What we agreed to do, the Department and the Applicant, was bring a revised condition to the Commission; and, so, if the Commission goesalongwithwhatwewant,theCommission,whattheactiontheCommissionwould take would be to amend the existing permit to change the language to require a payment of $500,000 within one year of the action today, or the issuance of a grading permit for the golf course, whichever came first, rather than the prior Condition 7. And, see, the Commission, this is the Commissions permit. The Commission took action on this permit. The Department and, the Commissions attorney is, represents the Commission at the Court, but the Commission has the final say on whether to change the permit. The Department has agreed, the Applicant has agreed, to support this as a compromise resolution of the dispute. Its up to the Commission to accept this or not. If the Commission accepts this, it will amend the condition of the permit; and that will be the end result of that. If the Commission rejects it, then we go back to Court and well continue to, the Corp. Counsel will continue to defend what the Commission has done, and the Department will continue to defend its position as to what the Commission had previously decided. ALAMEDA:Okay. And, also, Fellow Commissioners -. Well, Commissioner Siracusa, and then I have a thought. SIRACUSA:Yeah. Well, I have two things. One is a procedural question and that has to, well, we have two conditions here that were looking at, 7 and 9. And Im wondering is it possible to, say, accept one and not the other, or do we have a packaged deal here, all or nothing? Thats one question. ALAMEDA:Mr. Torigoe? TORIGOE:Well, lets see, I suppose --. Well, the Court has remanded it, let me see what the Order says, And at the hearing the parties recited the proposed following settlement, which is basically what Mr. Yuen has written to you about. And it says that The case is remanded back to the Commission for further proceedings consistent with the approved settlement agreement; and it is further ordered that in the event the Commission takes any action other than to approve the settlement agreement as 6EXHIBIT D