2003-10-02 TSOTO - Laserfiche WebLink

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YUEN:I see. ThatÓs all I have. Thank you. FUJIKAWA:Thank you. Any questions, Commissioners? VITOUSEK:May I make one brief statement? FUJIKAWA:Mr. Vitousek. VITOUSEK:And then now we had an admission that they made a decis th the 14. So thereÓs absolutely no reason that they waited until, I mean, if you look at the Exhibit D, the top line of the signature page from Mr. Gilsdorf shows that it was faxed by th Mr. Gilsdorf to Mr. TsukazakiÓs office at 4:30 on July 25. In other words, you know, this is the last possible moment. And, so, basically, you know, made a decision, itÓs their representation they made a decision to file a contested case on th July 14. There was ample opportunity to comply with the rule; and they just didnÓt do it. FUJIKAWA:Any questions, Commissioners? Commissioner Graham? GRAHAM:If this is appropriate, we did hear from our Corp. Counsel. And since I know our Planning Director is also an attorney I wondered if, based on what weÓve heard since that time and whatever, if he had any particular opinion on this matter as to whether we should grant a contested case standing. FUJIKAWA:Corp. Counsel? OÓTOOLE:I think heÓs asking Mr. Yuen. FUJIKAWA:Yes, Chris? YUEN:IÓll leave this completely up to your legal counsel to avoid confusing the matter even further. You have three attorneys who have rendered opinions with three different opinion and youÓre likely to have a fourth if you ask me. So, but I say that, IÓm kidding. I donÓt have anything that anybody else has said. But I would suggest that on a matter like this that the Commission listen to their legal counsel. FUJIKAWA:Corp. Counsel? OÓTOOLE:Well, are you asking me to tell you how to vote or to reiterate what I have said about the factors that I would consider important or to look at? FUJIKAWA:Go ahead, Commission Graham. GRAHAM:I was just asking the Planning Director, so I donÓt need any further -. 11