2003-09-11 Planning Commission Minutes

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Mr. Yuen at this time complained of allowing only one party to jump in and advise the Commission while the rest of the parties eager to say something are not being recognized. Mr. Masuda at this time said there is no time limit on making a motion to reconsider after adoption of a measure to which they are applied, and they can be moved by any member of the Commission. Commissioner Graham said as it seems a motion to rescind or not is in order and suggested the Commission solicit comments from the other parties before action is taken. Mr. Masuda said the Commission first has to decide whether it will even go to the issue of rescission first. Commissioner Kubota pointed out that as she was not an attorney and was receiving conflicting advice, she was not sure who was right; and she stated she did want to hear from the parties and public. For Commissioner KubotaÓs information, Mr. Masuda said if she makes a motion to rescind she was not obligated to vote one way or the other for the motion, but that it was just to open it up for discussion. RECESSEDUpon Mr. MasudaÓs request, the First Vice-Chairman called for a short recess at 4:22 p.m. RECONVENEDThe meeting reconvened at 4:31 p.m. Mr. Masuda said after consultation with more experienced people, he is advising the First Vice- Chairman to allow public testimony because the public has a righ agenda. He said although the request before the Commission is in the form of a motion for reconsideration or rescission, in actually functions as a motion to amend the conditions, which has to be properly agendized and noticed for a future date. He added that it was within the powers of the First Vice-Chairman to rule whether there is an attempt to amend the special permit conditions, and if the request was properly agendized. Mr. Yuen said after considering Mr. TsukazakiÓs evidence on why the buses should be allowed, the Commission agreed with the Hearings Officer and Planning Director that the permit should be granted with no big buses. He said very often, as in this case, people who are on the losing side will want you to change that decision and he would recommend the Commission stick with its prior decision. Mr. Masuda at this time interrupted and said he felt Mr. Yuen was going into improper grounds by telling the Commission how to vote, to which Mr. Yuen said the Commission essentially heard Mr. TsukazakiÓs arguments. Mr. Yuen then continued on by saying the Commission is the main party when there is an appeal of such a decision and its Corporation Counsel will defend them, except in extraordinary cases; and he suggested the Commission take no action on this particular request and let the matter die. In response to Commissioner SpringerÓs inquiry, Mr. Masuda said the applicant is free to appeal the CommissionÓs decision if he so wishes. 7