2005-05-20 EXHIBIT B CC Bill No 23 Draft 2 PC

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Chris might have some ideas because I think he would be involved in some the enforcement of this. YUEN:The penalty would be- it depends on whether this requires an affidavit or not. The penalty, if the landowner files a certification but they lie they didnt post a sign they are criminal penalties then this is in the general criminal code. Theres one crime called aunsworn falsification and theres another crime of false, sworn false,Idont remember what exactly what its called. But if you submit something in support of some official governmental business that says that thats a lie. There is this unsworn falsification and theres also the false swearing provision. What I didnt want to see with this and we did have a discussion with this when this first came up with the Council, is that we get into some debates over whether the sign was posted or not and that this would eventually or potentially jeopardize the permit application or the permit process which is complicated enough as it is. So if somebody- and the scenario that I didnt want to see happen is that the application is pending, the hearing is about to happen, somebodyactuallygoestothesiteandtheysayohthesignisnotthere.Andthentheowner says, well I put the sign there and Im not sure when it came down but its not my fault. And we wanted to make it clear that that kind of scenario does not jeopardize the application in any way. So it is dependent upon the good faith of the applicant in posting it and then the applicants only duty is to post it and to not take it down themselves and to provide this certification. And as I said, as I started saying the penalty is if they are proven to have lied about this then there is a potential criminal penalty for it. SPRINGER:Thank you Director Yuen. Follow up Commissioner? Thank you. Commissioners any other questions of either Mr. Jacobson or the Director? I have a question for Mr. Hayashi. With regard to the Planning Commissions amendments of its rules pertaining to these types of permits would we anticipate then the staff working with the Director to draft these up and then to come before us at some later meeting? HAYASHI:Yes. SPRINGER:Thank you. Commissioner Siracusa. SIRACUSA:In the matter of County Council Bill Number 23, Draft 3, I move that the Planning Commission send a favorable recommendation incorporating the recommendations of the Planning Director. SPRINGER:Thank you Commissioner Siracusa. Is there a second? MCCALL:Second. SPRINGER:Thank you Commissioner McCall. Is there any discussion on this matter? Mr. Hayashi we can take the roll call please. HAYASHI:Thank you. Commissioner Siracusa? SIRACUSA:Aye. EXHIBIT B