2006-05-05 THirayama - Laserfiche WebLink

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HAYASHI:The background report and recommendation was forwarded to the th Planning Commission on March 30. So -. TORIGOE:Okay. So as you go, under the rules you have a 90-day timeframe in which you should be considering, you know, some kind of affirmative or negative th recommendation. And so we would have, lets see, you said March 30 so April, May, until th roughly June 30. And so itd probably come up maybe at least once more. HAYASHI:Well, if we do have a meeting in June, it will be -. TORIGOE:Maybe twice more. Okay, so it will come up again. The issue of voting without having, lets say the Chairperson comes back and would like to participate in the vote, this is not a contested case hearing. And the rules and the Statutes I think regarding the necessity of mastering the record speak to contested case matters. This is an advisory matter. So, let me just take a look at this a little more closely. GRAHAM:One other thought comes to me in this regard is that if we do have a vote, lets say if we were to put off voting for now and maybe take lunch recess and then have a vote when Mr. Alameda comes back, if he were to consider what Mr. Iwashita suggested that he is not privy to all what weve discussed without him having to vote against the project, is it appropriate andwithintherulesforhimtosortoftakeanote,youknow,passonthevotesothat Mr. Iwashitas concern about lack of information could get heard through his action in that way, or hed pretty much have to vote yea or nay? TORIGOE:No, I think if he in his conscience feels like he does not have enough information to vote, I mean, he could abstain. Another possibility is if the applicant would basically stipulate to having a vote on that basis, that is a possibility. But, you know, again, I think the rules basically regarding the necessity of mastering the record apply to contested cases. This is not a contested case, so theres a kind of a, its an option that could be considered. But I think obviously it would be cleaner if every one who votes has an opportunity to master the entire record. GRAHAM:Okay. Do we have any other comments? Commissioner Galdones. GALDONES:Mr. Chair, I just want to float this idea out. We kind of put the applicants at a handicap because the Commission has been struggling to provide a quorum; and if we do we just probably barely make it, and its not really fair to the applicants who come before this Commission. And Im probably just preaching to the choir here. However, that being said, you know, in fairness to the applicants, instead of having it delayed because were not able to provide the necessary quorum or a full contingency of Commissioners to be voting on the subject matter, if perhaps we probably, if the Chair is willing to, withdraw his motion, Ill withdraw my motion. And perhaps we can get a unanimity in submitting this to the County Council with an unfavorable recommendation. So at least the process can move forward, and itll give the applicant the opportunity to present it to the County Council for further action. I dont know that, having said that, counsel, if that would appropriate, or would it look kind of tainted and the process would be not a favorable way to go? 13EXHIBIT B