Laserfiche WebLink
regardless of what the wording of the resolution says regarding timing, we are going to comply <br />with what the General Plan says. <br />GRAHAM:Thank you. That sounds pretty clear to me; and so I would like to just sort <br />of indicate to everyone that we do have timeframes given to us in the resolution but that we€re <br />understanding from what Mr. Ashida said that the intention was not to legally restrict us in any <br />way to those timeframes even though they read like that in some instances. And so that we€ll go <br />ahead andproceed as if those are suggested timeframes but we will use whatever time we need. <br />Does that sound okay to you, Commissioner Iwashita? <br />IWASHITA:Procedurally my concern still is that, I understand the suggestions by <br />Mr. Torigoe. And the body of law that I€m concerned about with is that where an act by an <br />official body is contrary to law, right, then that act is of no effect. Okay? So I don€t see how this <br />body, if that principle were applied to this situation there€s nothing this body can do to correct <br />thatillegalitybytheCountyCouncilinattempting,ifit€sfoundthatthewordsherethatthe <br />Council directs the completion of the feasibility study, so forth, that those are mandatory and not <br />suggested, you know, and whether or not Mr. Ashida€s testimony today can cure that <br />interpretation by itself. So that is my residual concern; and so I still have hesitation about <br />proceeding with this resolution. And, to me, the cure would be if that theory is going to be <br />applicable ultimately it€s for the Council to redo this correctly. <br />GRAHAM:Okay. So, Commissioner Iwashita, we might be heading for a place where <br />we€re going to take a vote on whether we want to proceed with the understandings we have or <br />whether we would choose not to proceed and ask the Council to redraft their resolution. So I€m <br />just putting that forth as how I see it. Commissioner Watanabe? <br />WATANABE:I have a question for Mr. Torigoe and also the Director also, based on <br />Mr. Iwashita€s concern. I don€t have as much of a concern, but based on Mr. Iwashita€s concern <br />would we be able to remedy the situation by the Director addressing like a cover letter to the <br />Council indicating that we were not bound by that resolution for the facts that you stated, you <br />know, with regard to the timeframes and that we are following, it€s our understanding that we are <br />following the existing timeframes within the General Plan; and that because the General Plan <br />also allows for the Director to initiate a change then reword this to something that states that the <br />Director is reinitiating this change and proposing that to the Council for approval or <br />recommend -? You see what I€m saying? Just turn the whole process around. I mean, to me the <br />work has been done already. <br />YUEN:First -. <br />GRAHAM:Go ahead. <br />YUEN:You know, I think our legal advice has been that there is no problem, that <br />I think it is abundantly clear to the Commission that they are not being mandated to make a <br />decision in less than the timeframe called for, and so the Commission should not feel that it has <br />to. For the record, I understood that I also had the timeframe allowed by the present ordinance, <br />and I did not rush or short cut the analysis in order to meet the timeframe that the Council had <br />requested. The recommendation that we have here which, and by the way, as I mentioned at the <br />last meeting the background and recommendation is a feasibility study called for by the current <br />6EXHIBIT B <br /> <br />