2006-08-04 TKitagawa - Laserfiche WebLink

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ALAMEDA:Any comment to Commissioner Watanabe’s logic? Seeing no further discussion -. IWASHITA:Mr. Chair? ALAMEDA:Oh, Commissioner Iwashita. IWASHITA:I just wanted clarification from our counsel if, as to the point Commissioner Graham raised in terms of the order in which we’re doing this, and if we’re going to end up actually approving or accepting the other Contested Case Petition, whether or not that decision is going to have an impact on this application, and whether it’s timely, and whether the timeliness becomes an issue, and if there’s some discretion in the Commission in the rules in that regard. ALAMEDA:Mr. Torigoe? TORIGOE:In this case, on this record, basically, you know, the Applicant did not show up and there’s no representative here to present a good cause why they should be allowed to go ahead, notwithstanding the lateness of the application. I would say based on the record so far, it really shouldn’t affect what happens with the next application at this point in time. ALAMEDA:Okay. Thank you, Mr. Torigoe. Mr. Salavea? SALAVEA:Two parts. The first would be my statement of my not being comfortable allowing this applicant to piggy-back sort of on the other contested application because of the lack of representative here and us being able to question them and trying to understand some of the reasons for the filing, the late, the timeliness of the filing, so that’s the first part. The second part, just to clarify for the record, is the question for Mr. Hayashi, just to make sure for the record that all notices for the meeting were sent out, you know, on time and there was prior notice sent out so that we don’t have to deal with anything coming back for us. ALAMEDA:Okay. Mr. Hayashi? HAYASHI:Thank you. The Applicant had sent the notice to the surrounding properties of the meeting. Also, after receipt of Ms. Henry’s Petition for Standing, we did acknowledge that and, also, indicated that the meeting was today and we informed her her presence or representative’s presence would be requested at this meeting. Excuse me, will be required at this meeting. ALAMEDA:Okay. Required. Okay. Thank you, Mr. Salavea. Any other discussion on it before we vote on this. Commissioner Iwashita? IWASHITA:I’m slow this morning so I just want to make it clear. Our records show that this Petitioner was given actual notice of this proceeding before and with the time, deadline requirements for submitting a Contested Case Hearing in the normal course, according to our rules. They received actually, is the Henry party one of those that received actual notice by mail? EXHIBIT A 10