2004-01-30 TDoutor Coffee - Laserfiche WebLink

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YUEN:Interpretation of the rules, when there is a Planning Commission rule that tells one how a condition of a permit is amended after the permit has been granted. You did go into Executive Session, and I wasn't there. I understood your Counsel to be advising you that you had to follow Rule 6-8. You can ask your Counsel again about it. I would suggest that you, if you're -, that you ask your Counsel again about it, and if you're not sure what you are being advised, that you ask until you are sure what you are being advised. My final, you know, my final point on this is that the Commission can set this right. If it does take jurisdiction and consider it further, the right thing for the Commission to do is to refuse t amend the permit. FUJIKAWA:Thank you. Any other questions? O'TOOLE:Can I comment on something? FUJIKAWA:Go ahead, Corp. Counsel. O'TOOLE:And this was said in open session, and obviously, I didn't make myself clear but -, and hierarchy was used by Mrs. Kubota, and then I said, "Well, I don't know if I would put it that way, but your rules are specific to your proceedings and Qnadqs&rQtkdr are procedural rules, but they are referenced in your rules." And what I was trying to convey to you was that you should use your own rules that specifically apply to that situation. Qnadqs&r Qtkdr, although your rules have incorporated them, say that they are procedural. You would use Qnadqs&rQtkdr for procedural matters. And if you notice, your own rules don't have things like you make a motion, you get a second, you do this, you do that, and those are the types of things that you find in Robert's. But what I was saying is that this particular issue is slipping into substantial questions or substantive questions because it's not just a procedural matter but you are not affecting the rights of Mr. Krueger's clients and Mr. Tsukazaki's clients if you take up such a matter. You're changing what you've already decided on a sustentative matter, not just procedural, as Qnadqs&rQtkdr. I believe you state in your rule that you adopt that for procedure. FUJIKAWA:Okay. Any other questions? TSUKAZAKI:Excuse me, Mr. Chairman? FUJIKAWA:Mr. Tsukazaki, go ahead. TSUKAZAKI:You know, some of the arguments made here this morning, especially those by Mr. Krueger, this is the first time I'm hearing it. And the case that he described I have not read, but it sounds like, from the portion that he did read, that it's not the same facts as we have here, so I don't believe it -, from what I heard anyway, that it controls this situation. 14