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2003-10-02 TSOTO
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2003-10-02 TSOTO
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recall the cover letter that says we are in receipt of your petition for standing. At that <br />time, was the deficiency noted? <br />HAYASHI:Mr. Chair, may I respond to that? I donÓt find any letter in the file <br />to reflect that that particular petition was officially accepted, although it was presented to <br />st <br />the Planning Commission at the August 1 meeting. However, the amended petition was <br />acknowledged, officially acknowledged, and the petition was also forwarded to the <br />Planning Commission. <br />FUJIKAWA:Norman, thank you. Go ahead, Director? <br />YUEN:Did we get $100 for the first one? <br />HAYASHI:It does say that, the letter from Mr. Tsukazaki does sta <br />$100 check was also included. <br />th <br />YUEN:With the July 25 one? <br />HAYASHI:ThatÓs correct. <br />KUBOTA:Now, I go to -. <br />FUJIKAWA:Go ahead. <br />KUBOTA:Mr. Chairman, may I ask a question of Corp. Counsel? <br />FUJIKAWA:Go ahead, you may. <br />KUBOTA:There definitely has been a lack of, what is that, that seal. Legally, <br />what are our obligations? Our County, I think, accepted in intent. The intent was there to <br />file and the $100 was attached to the original one without the seal, a notary. The County <br />accepted it, was passed on to us; and I didnÓt even notice that the seal was missing. And <br />subsequent to that, after the first meeting on this agenda item, an amended form was sent <br />to us. What are the, what do we have as legal recourse, what are our obligations now that <br />it has been brought to our attention? How much does intent to file, the notion of intent, <br />have on this decision-making? <br />OÓTOOLE:Well, I think the issue is compliance with the rule and how strict <br />compliance youÓre going to require. And perhaps, you know, intent and our acceptance <br />might be factors youÓd want to consider in terms of how important that notary seal is. I <br />think if you look at, well, there are several factors, I guess. You know, it was filed on <br />time, there was notice to the Applicant that the request has been made and no objection <br />apparently was raised at that time; and, in fact, they have been negotiating. It appears <br />that they would clearly have standing unless, you know, this notary, lack of notary on the <br />original thing is considered fatally defective. While IÓd like to see you be, follow your <br />rules strictly, in most circumstances like, say, if they didnÓt file it on time and, you know, <br />6 <br /> <br />
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