2003-12-04 TDOUTOR - Laserfiche WebLink

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TSUKAZAKI:I donÓt believe IÓve had conversation with your counsel to the effect that sheÓs making these statements today. Clearly, IÓve, you know, the Planning Department is a party in this hearing and I have received the letter from Mr. Yuen stating his belief, which is the same as your counsel. However, you know, I believe itÓs a discretionary thing; and I would weigh this very carefully if I were you, putting myself in your seat. Because to follow what counsel is saying, okay, would mean that in any situation, even if you felt there had been a mistake made, or mi something, you would never go back and fix it. You would tell the Applicant, ÐSorry, well, we made a mistake here but you got to go file this thing and you got to spend six, eight months whatever it is, Contested Case perhaps even, to try to redress something that occurred during the decision-making process. I donÓt, I believe that Rule 6 of the provision that allows a permittee to seek an amendment is very applicable in a lot of situations. But I also believe that under Roberts Rules, this Commission has the legal authority to take a look at something it did if it feels that there was something that may not have been right at the time they made a decision. So, procedurally, I believe you have the power to do it, this is that kind of case, or thatÓs what IÓm presenting to you -. Whether you agree with me or not is a whole another issue, but IÓm presenting to you why I think there was something not right at the time you voted. All right? KUBOTA:Thank you. OÓTOOLE:Well, let me respond that I donÓt agree that the Commission could not do anything. You did already have a request that you reconsider and that went nowhere. So now we have this other motion which seems to be ess thing, asking the Commission to take upon itself to reconsider. And if the Commission had wanted to do that, you would have done it the last time. I donÓt see the material difference. I really think what heÓs getting at is that he wants that condition deleted. TSUKAZAKI:Mr. Chairman, may I? GALDONES:Mr. Tsukazaki. TSUKAZAKI:You know, again, if you recall and I have the transcript here, your Corporation Counsel, it wasnÓt Ms. OÓToole, okay, but when we had the previous meeting the motion to reconsider or rescind was stated by Corp. Counsel to be not really appropriate, not -. I think there was even some question about whether it had been agendized, whether the intent was really what the label indicated. So that was another factor there. And we said, okay, well, weÓll, you know, change what the form of the request was to be more in line with what Corp. Counsel was saying. ItÓs true that the Commission didnÓt take action. But it may also have been that, you know, it was not properly before you. GALDONES:Commissioners, in light of the on-going discussion, perhaps the Commission would like to consider to go into Executive Session so we can have a discussion with counsel as to procedural matters how we move from here. Mr. Krueger? 5