2005-05-20 EXHIBIT C HUGGETT PC - Laserfiche WebLink

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IWASHITA:Yes, yes. How do we, do we address it, do we grant it or do we you know? His request is that ultimately for more time. TORIGOE:Yeah. I think at this point the Chairperson is the presiding officer and although this is not yet in a formal contested case procedure the SMA permit in general is still covered by the contested case rules. And under the Contested Case Rules 4-5b, the presiding officer rules upon all objections or motions which do not involve the final determination of the proceeding so, I think basically it would be for the Chairperson to make a decision. And so at this point Mr. Kim has made a motion to strike the memorandum that was presented by the th Applicants on May 17 and so the decision would be to grant the motion and strike from the record or to deny the motion and allow the memorandum to become part of the record for your consideration and decision making. Or as has been noted, you may grant the motion in part. For instance if you feel that there are portions such as the draft transcripts which should be stricken then you know those could be stricken and other parts which you feel should be allowed can be allowed. SPRINGER:In that case, given the, if I may pick up the discussion where I left off, I believe that the request was made for the convenience of the Planning Commission and I will deny the motion to strike the applicants exhibit. Mr. Kim do you have any comments, any testimony to make for us on the intervention in general. And we understand that youre representing 2 individuals. KIM:Yes, and so I would be asking that intervention be allowed for the reasons, the Commission is well aware of your own rules as well as what you want to set as public policy in this area. In response to the communications that were discussed, clearly an application is not avestedright.TheApplicantcantsayyoumustnotallowcontestedcasehearing;theresno authority for that. Its a discretionary act on part of the Planning Commission. It goes by a case by case basis. And I understand that the Commission needs to be worried about how youre going to set the tone, not only in this case but in all cases. And what we are arguing by way of public policy is that when youre faced with a situation like this, shut out the public or not that you have the power and the discretion to make this decision. You dont, youre not prevented from doing it. You have to determine, as a Commission how youre going to conduct business henceforth and its not a matter or law, its not a matter of rule, its a matter of practice and this is the gray area that youre in. We argue for openness, were arguing to allow contested case hearing for my 2 clients thats the up and down vote, allow or dont allow it and then well take it from there. Thank you very much for this opportunity. SPRINGER:Youre welcome, thank you Mr. Kim. Commissioners do you have any questions for Mr. Kim? Commissioner Watanabe? WATANABE:Mr. Kim you know its my understanding that even if we did not grant the contested, I mean standing yeah, that your clients and anyone else from the public would still be able to comment. Am I not right on that? KIM:That is correct. EXHIBIT C 14