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applicant; for the Director’s one, it just says within 60 days after receipt, and does not contain the <br />same language that talks about, you know, a longer period being agreed to by the applicant. <br />Exactly what that means, I don’t think we ever dealt with that, but it’s an issue that I invite the <br />parties to address when we get to argument on the merits. <br />WATANABE: Follow-up. <br />GRAHAM: Yes, Commissioner Watanabe? <br />WATANABE: Okay. I don’t know if I’m reading this correctly or not, but we have two <br />opposing proposals here: one from the applicant to extend the time and another from the <br />Planning Director to rescind. And if we are unable to come to a majority decision on either one, <br />then it implies that we will not have a majority decision on the other. But the Rules state in both <br />instances that a negative recommendation is then forwarded to the County Council, and the <br />negative recommendation in each situation will nullify the other. It’s -, you see what I’m driving <br />at? It doesn’t make sense. You know, so unless we decide here, it’s a nonsensical circular <br />argument. <br />GRAHAM: All right. Is it all right if I have Mr. Yuen respond? <br />WATANABE: Please. <br />GRAHAM: Go ahead. <br />YUEN: There isn’t any way around that. If you have contradictory applications <br />and there isn’t a majority vote by the Planning Commission, they will both go up with a negative <br />recommendation. We have had, as you know, quite a few matters go to the Council with a <br />negative recommendation due to the failure to obtain five votes by the Planning Commission <br />either for or against the application. So we do, we transmit it to the Council with a transcript of <br />what happened, we tell the Council what the vote was, and it does formally go up as a negative <br />recommendation. We try to explain, we send the Planning Director’s recommendation on it, so <br />the Council has something to work with. So there really is no way around that, if the <br />Commission does not have -, and in this case where there are two contradictory proposals for the <br />same piece of property. <br />GRAHAM: Yes, Commissioner Domingo? <br />DOMINGO: Mr. Chairman, where are we on the time clock with regard to the submittal <br />for the down zoning to the Planning Commission? <br />GRAHAM: Mr. Torigoe, could you explain that sort of as concisely as possible? <br />TORIGOE: Well, I think it’s kind of a matter of calendar; it depends on when the <br />transmittal was to the Planning Commission from the Director. <br />DOMINGO: So Mr. Torigoe, that means that being that it’s a Planning Director’s <br />initiated measure, and if we pass the 90-day mark, then it would automatically go up to the <br />Council with a negative recommendation; that’s what I understand -. <br />EXHIBIT A <br />13 <br /> <br />