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2006-09-22 T Giacometti
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2006-09-22 T Giacometti
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added. In substance what they do is they address certain issues that I think, that were brought by <br />the Hearing Officer to be superfluous, but which actually support. It comes out the same way, <br />except that the Findings that we have would also point directly to evidence that was also part of <br />the record that would support those Findings. The same with Conclusions of Law, they refer to <br />the specific ordinances and statutes which need to be addressed in a situation, in an application <br />like this. And thank you, Mr. Chairman. <br />ALAMEDA:Okay. All right. Thank you. Any questions? Commissioner Graham? <br />GRAHAM:I’m just concerned that we could get into a really lengthy recitation here or <br />something. And I don’t know how to avoid that, except maybe what I was thinking is if instead <br />of doing that at this time we proceed with the process here. And when it becomes more apparent <br />on what bases we make our decisions or something, then any of your Findings that you feel like <br />they’re relevant to the bases of our decisions, you’d want to have in there, or something like that, <br />rather than us try to decide what’s superfluous in our point of view right now. I’m just trying to <br />think of any way to streamline the process, ‘cause it sounds like it might be very lengthy what <br />you’re thinking. <br />JUNG:If I understand it correctly, thank you, Mr. Graham. But if I, depending <br />on what the concern is or what’s brought up, I think that we would actually concur with the <br />Corporation Counsel’s Findings of Fact and Conclusions of Law.Ours are very similar to theirs <br />and we don’t have a disagreement with them. As a matter of fact, we fairly well adopted the <br />County’s position. Thank you. <br />ALAMEDA:Okay. Commissioner Graham? <br />GRAHAM:So maybe it would be okay to put this off for now as long as you have an <br />opportunity at the appropriate to come in with anything you feel we’ve missed or that is <br />necessary? <br />JUNG:That would be fine. Thank you, Mr. Graham. <br />ALAMEDA:Thank you, Commissioner Graham. All right, also, Fellow <br />Commissioners, please know that there are no Exceptions filed for this, right now where we’re <br />at. So, basically, kind of what we’re doing is just looking at the Hearings Officer’s report and <br />looking to see whether we’re going to reverse it, modify it or adopt it. And, so, right now I’m <br />just kind of getting the feel for our parties here and kind of what, how they feel towards the <br />report. So let me ask the Intervenor, I know you’ve read the Hearing Officer’s report, do you <br />have any position on it? <br />TUHYThank you, Mr. Chairman, Members of the Commission, yes, we do. First <br />of all, I would note that there are a number of areas in which we think that the Hearings Officer’s <br />report is deficient. It really starts with kind of an absence of a number of Findings of Fact. And <br />that’s really what I would want to highlight for the Commission, is what the Hearings Officer did <br />not find but that the record did support. If the Chairman and the Board Members would permit, I <br />could go through, really, what I conceive to be five essential areas where the Hearings Officer’s <br />report is deficient. And I can point to that if the Commission Members have copies of our <br />proposed Findings of Fact and Conclusions of Law as well. <br />EXHIBIT B <br />4 <br /> <br />
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