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Wayne Hahner, 2287 Vineyard Avenue, provided written documentation to the Council which he believed was important and outlined relevant points in the documentation that needed Council's immediate attention. He briefly touched on comments as noted in the written documentation. He noted that they have a contract with Mardell, LLC and for some reason there has been an attempt to, in some way, incorporate Mardell, LLC with Delco Builders & Developers, Inc. He pointed out that Delco Builders & Developers, Inc. is an active California corporation that other than through some common ownership has nothing to do with Mardell, LLC. He was not sure why this was happening which might may have something to do with the fact that very recently Mardell, LLC is in fact a limited liability company also active in the State of California. He noted that as all liability companies are, they are quite invisible financially and can become vapor at some convenient point to the person that owns that company. He informed Council that he has a contract with Mardell, LLC and the contract is very specific in several places that Mardell, LLC does not have the right to transfer, assign or sell any of its interest in its contract with the Hahners. He was not sure who the applicant was this evening, whether it was Greenbfiar through some assignment or some contract of sale or some condition of sale, or if it is Mardell, LLC. His position with was that there was not a valid applicant present this evening because if Mardell did assign, sell or transfer some interest in the contract to Greenbriar, it is in violation of the contract. It will probably have to be tested in court. He pointed out that he is preparing, and part of what is before Council this evening, is documentation to help them address these questions in a court of law at a later time. He mentioned that he met with Mr. Costanzo and Mr. Doyle this afternoon in a last minute effort to try to find some ground that would allow them to cooperate in some synergistic way to move the project for the Vineyard Avenue Corridor forward rather than be an obstructionist. He pointed out that he brought one idea to the table and they did not bring any. He noted that they did agree to think about his idea for a day or two and to get in touch with him. He is not totally optimistic about it, as they have been having this dialogue for some time. He mentioned that on Monday, September 22, he called Mr. Swift and left a message asking him to retum his call, and noted that before the Planning Commission meeting his call was returned. The question he posed for Mr. Swift was could the City Council pass a major modification to a PUD without the signature of the property owner on the application? He indicated that staff informed him "yes." He expressed his concern about the health of the City because staff feels it can speak for the Planning Commission and the City Council on a matter, which is still scheduled for a public heating and a full review of the information on the modification. He also pointed out that within the 10 parcels there is a taking of significant additional land and those parcels are spread almost over the property. He stated that he could not sign the final map, which allowed him some control over the situation. He not only cannot sign it, he would not sign it. He pleaded to Council to try and reason together in trying to solve this matter. He felt he had been treated unfairly throughout the entire process with Mardel, LLC and City staff, and had been kept in the dark. He believed many of the problems could have been solved with open and honest dialogue. He believed that possibility still exists only without court intervention if the Council decides to give them some additional time and allow for independent counsel to give them an opinion on the outcome of the probable court case. Pleasanton City Council 15 10/07/03 Minutes