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2007-08-31 TSTANFORDCARR
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2007-08-31 TSTANFORDCARR
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DARROW: Commissioner Woodward? <br />WOODWARD: Aye. <br />DARROW: And Mr. Chairman? <br />GRAHAM: Aye. <br />DARROW: The motion passes, six to zero. <br />GRAHAM: All right. So we do have three intervenors. In a minute we’re <br />going to take up the issue of whether we’re going to get a presentation here today or not. We <br />also will take public testimony today. But I think first we need to decide what we’re going to do <br />about the contested case hearing that will be held. Commissioner Iwashita? <br />IWASHITA: I would suggest, or be willing to present a motion pursuant to Rule <br />4-7 (f) that this matter be referred to a hearings officer. <br />WATANABE: I second. <br />GRAHAM: All right. So moved by Commissioner Iwashita, seconded by <br />Commissioner Watanabe, that the contested case hearing be conducted by a hearings officer <br />contracted by the Planning Department. <br />IWASHITA: Yes. I’m assuming that we have funds to take care of that. <br />GRAHAM: Mr. Yuen, is that all right? <br />YUEN: Yes. We are still early in the fiscal year, so we still have some <br />money. <br />IWASHITA: I hope then this one doesn’t use up all of those funds. <br />GRAHAM: Mr. Torigoe? <br />TORIGOE: Thank you, Mr. Chairman. One thing about farming it out at this <br />point, as we know the applicant has asked to make a presentation today, and there is an objection <br />to that. At this point, as Mr. Vitousek noted, anything that is presented on this thing ought to be <br />considered in context of it being a contested case hearing. So if you were to vote right now to <br />just to farm it out, then you’ve got the issue about whether you are going to hear – that’s a <br />further issue, I guess, to add – whether you’re going to hear the presentation today. So maybe <br />we’ve got to talk about whether you’re going to allow for a presentation today, before you take <br />the action to farm it out. <br />GRAHAM: And am I understanding correctly that the nexus between the <br />farming it out and the presentation is that maybe it would be less acceptable to have the <br />presentation, if we’re going to farm out the contested case hearing? <br />EXHIBIT H <br />12 <br /> <br />
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