2008-08-22 TECOMMERCE - Laserfiche WebLink

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WATANABE: Okay. We are just talking about Mr. Fernandez’s petition for standing being withdrawn. Does any Commissioner have any objection to that? Okay. So then we’ll accept his withdrawal, formal withdrawal. And you’ve already provided your testimony. So you may be seated, Mr. Fernandez. And thank you for your testimony, by the way. Mr. Lim, I also thank you for offering what you had to offer. I take it that you are now formally requesting for continuance, so that all of these issues can be worked out between yourself, possibly Mr. Fernandez as well as the Planning Director? LIM: That’s correct. Even though Mr. Fernandez has withdrawn as a contested case applicant here, if he doesn’t like what happens in the end, he is going to be able to appeal that to the court. So obviously we want to make sure that he is, you know, he is agreeable to whatever we agree to with the Planning Director. WATANABE: And because this might be a little more convoluted, you are not suggesting continuing to any specific date? Continue it to when it’s ready? Is that -? LIM: We’d like to get it done. I think it’s going to be, like I said, we have to work out some private contractual agreements. So if I could say maybe a 60-day or so continuance -. WATANABE: Sixty-day continuance. So two meetings from now is what you are requesting a continuance to? Ms. Bowman, did you have anything to add at this moment? BOWMAN: I just have a comment. Because I do think that the first cut, you know, we can show the direct relationship in this area because of erosion. And I know it’s not rainy, but when we do have big rains, this cut is going to affect, the first violation will affect the second. So I’m hoping that the Department will look at that as an overall, you know, this is not a separate entity. WATANABE: Yeah, actually, Ms. Bowman, the applicant’s representative has represented they want to address that issue as well and to the satisfaction of both Mr. Fernandez as well as the Planning Department. So I think that opens it all up if we provide them with the time. BOWMAN: Okay, thank you. WATANABE: Mr. Yuen. YUEN: Just a couple of things: First, I would not want this continued beyond 60 days. This is something that’s gone on for a very long time, and we really need to close all this up including the question of the violation. Second, on the question of the first cut, Jeff was kind enough to bring me the file on that and point out that we had required as a condition of resolving the violation that they submit an after-the-fact permit application for the first violation as well. EXHIBIT B 19