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2004-01-30 TDoutor Coffee
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2004-01-30 TDoutor Coffee
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FUJIKAWA:Okay. Any other questions of Mr. Yuen? Commissioner Graham, go <br />ahead. <br />GRAHAM:Mr. Yuen, in respect to whether the procedure that seems to be in effect <br />here with the Commission right now of reconsidering based on our own motion as opposed to <br />the Applicant following 6-8 for a reconsideration, it would seem to me to turn in this way. If <br />we had a hearing and granted a permit with certain conditions but there was some procedural <br />misunderstanding like maybe a Commissioner thought an aye vote meant this condition should <br />go in but really he understood wrong, then it would seem perfectly appropriate that the <br />Commission reconsider what it did. <br />I feel like this, even though this action was suggested by Mr. Tsukazaki based on overhearing <br />some words by the Planning Commissioners, still feels to me that thhrhri+sgdhrrtd`sgd`qs <br />here is a factual issue, not a procedural issue. The factual issue of whether the implications of <br />running the buses has been thoroughly understood and agreed upon by the Planning <br />Commission members as to what's implied. So, to me, because it's a factual issue and not a <br />procedural issue, 6-8 really would be the proper way to bring it about, but I can see that the <br />procedure we're looking at right now might apply if there was some procedural <br />misunderstanding by the Commission. <br />YUEN:Can I respond to that? <br />FUJIKAWA:Yes, go ahead. <br />YUEN:The rules -, if somebody actually did misunderstand the effect of their <br />vote, I think it would come out in the meeting immediately after the vote, to take an example. <br />That if the gavel came down and the person said motion denied, and the Applicant frowned and <br />got up with a long face and the Commissioners then, one of the Commissioners thought, <br />realized, gee, I voted, I thought that yes meant approval and yes meant denial, okay, let's take <br />that as an example. The rules say that a person, the rules allow the Commission to make a <br />motion to reconsider at any time before the decision becomes effective. The decision becomes <br />effective when it's mailed out. So in the example of you realizing that a mistake is made at <br />your hearing, a member of the Commission can make a motion to reconsider. Now it has to <br />be a person on the prevailing side, okay. The person that voted the majority realizes oh, <br />something is wrong here, and they can -, that is a procedure, all right. Now once the decision <br />has been mailed out, then the only way to change it is this motion -, the Applicant can bring a <br />motion to amend, and that's the way this works here. <br />GRAHAM:Thank you. <br />FUJIKAWA:Any other questions? <br />KUBOTA:Mr. Chairman? <br />12 <br /> <br />
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