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does is it says that a mistake made on, say, allowing the processing of an application does not, <br />when the initial application comes through, does not doom it later. An example, you know, we <br />have zoning applications and youre supposed to have, say, the owner signs the zoning -. And <br />maybe the staff didnt notice that there was another owner who didnt who didnt sign it, all <br />right; and they start the processing. And then by the time it gets to you here, it has been, we got <br />the signature. Well, thats fine. What the decision, the Ki€ilae decision says is you didnt have it <br />at the beginning so its no good. And thats the kind of thing were trying to fix here. So I <br />honestly, you know, I wrote this to try to handle the problem and not to open the door to <br />subdivisions, truly subdivisions being approved that shouldnt be because of things like them not <br />building the roads or theyre connecting to a sewer when the sewer was nearby. And those <br />kinds of mistakes can still happen. But this language in the Subdivision Code thats proposed <br />does not open the door to those kinds of mistakes. <br />ALAMEDA:Fellow Commissioners? Commissioner Springer and then Commissioner <br />Iwashita. <br />SPRINGER:Sinceourrulesdontcoversubdivisiondevelopment,codeapproval,ifwe <br />continue this and the Director doesnt have any changes of substance to make, what happens <br />next? <br />ALAMEDA:At what point does it get pumped up or put away? <br />TORIGOE:I dont have a quick answer for you cause as I said theres no specific <br />rules that I know of that deals with that. However, if it lingers on for too long I suppose that the <br />Commission can take things into its own hands and send up a recommendation with the language <br />that, you know, that you drafted that you feel is to your liking, or you could give the Director <br />directions to try and tweak things in a certain direction. So, you know, thats basically -. You <br />have to kind of start doing things from, taking initiative from your end, I guess. <br />At this point, it sounds like the Director has made his best good faith effort to address the Ki€ilae <br />problem as simply and as straightforwardly as he knows how. And it seems that the, ultimately <br />if there is any approval, and I dont if the Director can correct this, but even if the initial <br />preliminary plat is deemed approved by deferral, still in order for the subdivision to actually <br />occur it would have to have all of the required information in order to get out the door. Is that <br />correct? <br />ALAMEDA:Is that correct, Director Yuen? <br />YUEN:Right. <br />ALAMEDA:Fellow Commissioners, we still have that motion dangling in front of us <br />and we cannot kind of move forward until we address that, I think. I have a feeling, I kind of <br />would like to take a vote on that and kind of see where that ends up. But if you guys need more <br />information in order to take a vote on that, then Id like to entertain, this is the time for that. So <br />Commissioner Graham? <br />GRAHAM:I kind of am feeling a bit like Commissioner Springer in the sense that we <br />are putting attention to it today, the next meeting we have we may be busy and tired and all like <br />17EXHIBIT D <br /> <br />