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documents that she submitted you will see that she submitted to you three separate police reports. And <br />if you read those police reports in the bottom they explain, unlike what was testified here to you <br />before, that the noise was loud, they asked people to turn it down, to stop, it was way past the 10 <br />o'clock deadline. People complied with that but it was a violation. There are no, and she submitted, <br />and if you ask her she will tell you that she requested and submitted every police report to you where <br />she made a complaint. So there are a total of four. In one of the police reports you will see that to the <br />policeman who was there it appeared that there was a concert going on. And so they asked them to <br />stop. So my client’s position is no concerts mean no concerts. <br /> <br />If you read the background report from the Planning Director you can see that there was a request to <br />amend the special permit, but that that was declined by the Planning Director apparently until such <br />time as the petitioner could clarify with specificity what he meant by certain items. And the Planning <br />Director can correct me if I am wrong, but it seems like the definitions were too vague to be acted on. <br />And I think, it seems to me, anyway, that the Planning Department was concerned that if the <br />definitions are too vague, it is going to be very difficult to enforce them. <br /> <br />In essence what Mr. Anderson is requesting is that new uses be added to the special permit. And rather <br />than submit for an amendment to the special permit by detailing all of the functions that he wants to <br />host with requisite specific information, a declaratory ruling was chosen. And so as a result my client <br />is requesting that, one, the Planning Commission refrain from making a declaratory ruling based on <br />that procedural issue raised that the request or petition is deficient. And if the Commission chooses to <br />issue a declaratory ruling, my client requests that the Commissioners ruling be that the condition, the <br />applicability of the condition no concerts mean no concerts. You can rule no concerts mean that. So <br />with that, if you have any questions, I am happy to answer them; and my client is here. Thank you. <br /> <br />KERN: Any questions? Seeing none, thank you very much. <br /> <br />KAAPU: Thank you. <br /> <br />KERN: Can I get a motion for executive session? It would be much appreciated. <br /> <br />DOMINGO: Mr. Chairman? <br /> <br />KERN: Commissioner Domingo <br /> <br />DOMINGO: I move that this Commission go into executive session. <br /> <br />ONO: Second. <br /> <br />KERN: All those in favor aye? <br /> <br />COMMISSIONERS: Aye. All those opposed? Seeing none, we’re going to be in executive session in <br />a minute. Would you all please leave the building for just a few minutes. Thank you very much. <br /> <br />EXECUTIVE SESSION <br /> – The Commission went into executive session at 9:48 a.m. The <br />Commission returned to regular session at 10:04 a.m. by a motion made by Commissioner Ishibashi, <br />seconded by Commissioner Au, and unanimously carried a voice vote. <br /> <br />KERN: The meeting will come back to order. Okay, so I think we need to deal with one issue as far <br />as either chunking these all together or doing them individually one by one. It would be my opinion <br />that we bifurcate them to deal with each declaratory ruling on their own, so to speak, if that’s the <br />direction that we’re going. Do we need a motion to do that, to separate the, if we’re going to talk about <br />them, separate into each - concert, weekend, or -? <br />8 <br /> EXHIBIT A <br /> <br /> <br />