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possible revenue generating activity, instead we were good neighbors and we just said, <br />you know what -all we want is to make our street whole again and fix that up. That's <br />what we did and Bob is correct when he says the legal basis for the mitigation money <br />that Hayward is asking for and is going to receive was established because they <br />commented on that EIR in that fashion and said traffic is a major issue. We didn't do <br />that - so we can't go back there. I think, at this point, to raise some new issues.....when <br />I first was on EBDA I tried to do that and I tried to go back to what former Mayor John <br />Faria talked about and that was take a look at the capacity rights that the member <br />agencies own in the EBDA system and see if we cannot do a separate agreement, as City <br />of San Leandro, using leasing or selling our capacity rights. I was quickly shot down <br />by the City of Hayward in that effort, as you know, and unfortunately, I don't know if <br />everybody knows this - I know Bob Taylor does and John Faria does, but the EBDA <br />members sued each other, I don't know -maybe four or five years ago, over this very <br />issue. Because four members of the agency wanted to have the autonomy to sell or lease <br />their capacity in the system and one member agency did not want to allow that to happen <br />and that was Hayward. We went to Court over it and the judge said to read the JPA. <br />The JPA clearly states that the five member agencies, collectively, own the capacity <br />rights and no member agency can lease or sell those rights without a unanimous <br />approval. So, I think that one of my goals as President this year of the EBDA Board, <br />is to take a look at the JPA, I think it's antiquated and there's support to take a look at <br />it. LAVWIVIA just rewrote their JPA and we're going to be taking a look at our JPA, <br />but of course, first we have to get through this process. So, and that was Hayward's <br />position -that they are not going to look at the JPA until we get this agreement done. <br />October 20, 1997 -Verbatim Transcript, Item 6.A 13 <br />