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ALAMEDA:Commissioner Galdones? <br />GALDONES:Thank you, Mr. Chair. Jeff, in light of the statement you made thatthere <br />were two residents who were not properly noticed, whatdoes that do to the application before <br />us? Is it still a valid application for consideration? <br />DARROW:If I could defer that question to Corp. Counsel. <br />GALDONES:Thank you. <br />ALAMEDA:Mr. Torigoe? <br />TORIGOE:Thank you, Mr. Chairman. Jeff, just to clarify, there were two parties who <br />shouldhavegottennoticebutwerenotgivennoticeinitially,correct? <br />DARROW:Correct. <br />TORIGOE:Buttheyhavereceivednoticesincethen? <br />DARROW:It€smyunderstandingthattheapplicantshavesentoutthenotification. <br />Whether or not the parties have received it, I€m not sure. <br />TORIGOE:Okay. Well, at this point, you know, we don€t normally require each of <br />the surrounding property owners to come in and verify that they€ve received notice. Normally <br />we rely on the applicant€s verification whether notices have been sent. The notice requirements <br />under the Zoning Code also are not jurisdictional in nature, you know, that is if you fail to make <br />the notice properly it doesn€t automatically nullify the application. So at this point I think we <br />need to just exercise some common sense and see if anybody rights are prejudiced. If there is <br />somebody who has been hurt or prejudiced by the lateness of the notice, then you need to look at <br />whether you can cure that by perhaps giving a little more time for anybody interested to come in <br />and file for a contested case. One thing you could do is if it seems that everyone who should <br />have gotten notice has gotten notice then you could at this point go ahead and deal with the <br />contested case requests that have come in and see if anybody has any objections, any of the <br />parties have any objections to proceeding on that basis. And if someone else comes up and says, <br />hey, I was hurt later on, I should have been allowed to file for a contested case, or should have <br />been allowed to testify, then we need to look at what the effects are of those claims when they <br />arise. <br />GALDONES:Mr. Chair? <br />ALAMEDA:Commissioner Galdones. <br />GALDONES:In light of the explanation by Counsel, I€ll reserve my concerns until such <br />time that we act upon the petition for standing in a contested case hearing. Because if those are <br />approved, the Commission will not be acting upon this application immediately, no decisions <br />will be made on this application today, and it will give those residents living within the area that <br />3EXHIBIT B <br /> <br />