2004-09-16 TCONTINENTALSMA 03-016

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SPRINGER:Okay. Thank you. Mr. Chairman, may we invite the applicants representative to discuss this with us? GALDONES:Youd like to direct a question to them? SPRINGER:Yes. GALDONES:Yes. LIM:Thank you very much. Ill have Mr. Peter Kubota, who is more intimately involved with public access issues, tell you whats happening. KUBOTA:Yes. Actually, Mr. Yuen is correct. The accesses have been generally open. The agreement provides for 6:00 a.m. to 6:00 p.m. access. Im not really aware of any effortsbyContinentaltopoliceitafterthosehoursunlesstheresaproblem.Youknow, sometimes theres guys in there drinking or whatever, and so employees of Continental or security guards would chase people out. But other than that, it has been pretty well open, most of the time. SPRINGER:Thank you. Thank you. GALDONES:Hearing no further questions, Commissioner Siracusa. SIRACUSA:Well, Im new here, so I didnt have the benefit of the site visit or all the previous meetings that happened; and some points on the map that have been referred to elude me, like I cant tell where the stream is, for example. So Im wondering if, since we only have five people here, what would be the repercussions if I abstained? GALDONES:Mr. Torigoe? TORIGOE:Generally speaking, like I said, we do need to have five persons voting in favor of any action that is taken. SIRACUSA:Today, period, for everything that we cover today? TORIGOE:Thats basically correct, yeah. GALDONES:Miss Rohr? ROHR:For the record, Steven, would you mind telling me whether I would be free from any illegal trespass if I used these public accessways today, even though the agreement is that theyre not open? Would I be guilty of trespass? LIM:Well, I can tell you that the Continental Pacific owners have not stopped people from exercising the public access to the shoreline. ROHR:So, technically, I may be guilty of trespass. So I would appreciate it if those access points would be open, Mr. Yuen. 6