2005-04-22 tHuggett (fka Soto SMA 03-007)2

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authority to do that and of course thats within your prerogative to defer to thembut I would request on behalf of my clients that you make a decision. Thank you. And once that procedural issue is decided I do have just brief comment on behalf of my client. Very brief. GALDONES:Thank you- Mr. Kim in consideration for the request that you have made I would like to have the Director or our legal Counsel give us some guidance. Mr. Yuen. YUEN:Point 1, this is not a new application. Its the same application with a different applicant and the application was never withdrawn, the application was continued and rd then the Applicant was changed but the application is still the same. Second, our March 23 letter was erroneous. We should not have told the Applicant to send that particular notice saying that there was a right to a Contested Case hearing because this was not the first hearing on the matter there had already been the opportunity to request a Contested Case. Third, I agree with Mr. Kim that the final decision on this should be made by the Commission. The Commission should take up the request for a Contested Case hearing. The Departments recommendation is that the Commission reject it as untimely. GALDONES:Mr. Torigoe, having heard the Directors comments is this proper before the Planning Commission to rule on those applications? TORIGOE:Thank you Mr. Chairman. First of all Id just like to note that for purposes of Contested Cases the Planning Director is considered a party so you know, in that sense he is free to put on record his position regarding these things. I would concur that the Planning Commission should take some kind of action to dispose of the, at least the actual applications that were submitted. I understand that there were a couple of people who sent in checks but did not send in an actual application. HAYASHI:Thats correct. GALDONES:Mr. Torigoe, in view of that statement that you made then do we, amongst thosewhohadsubmittedtheContestedCaseapplicationonlyMr.Haneyisheretheotherparties are not present. Is it proper for us, is it okay for us to act upon the others also or do we just act upon Mr. Haneys application? TORIGOE:Can we, is the record clear that all of these people had notice of the hearing today? KIM:Its not. HAYASHI:No, they did not get notice from the Planning Department. Somehow they were informed that there was this hearing. I believe Mr. Haney and Mr. Buscemi were notified of this hearing. As far as the other individuals I dont know how they were notified it could have been they were notified through the association. 10 EXHIBIT B