|
<br />guys feel. I know what some of you folks are saying, but this is a rat. And with that,
<br />Mr. Chairman, I would like to withdraw my motion to deny it.
<br />AU: Okay, and my second, the Commissioner that seconded it, are you okay with that? Do
<br />you agree with that?
<br />ISHIBASHI: Yeah, I would like to withdraw my second to that motion. And, again, we’re
<br />trying to give everybody a fair shot at the whole, the whole process. We’re not trying to take
<br />away anybody’s rights or privileges under the process. And I think we need the right
<br />information and the right questions to be asked and answered, and then we come back and make
<br />the right decision at that time. So we, I remove the second to the motion.
<br />AU: Okay, thank you very much. So the motion has been withdrawn. Are there any objections
<br />from any of the Commissioners? No objection from me. Okay, so now what we’re going into is,
<br />we’re going to go into a petition for standing in contested case. Can I please call up Jonelle
<br />Fukushima, please. Okay. And can I have Ms. Monica Morris, please come up. And question
<br />for Mr. Darrow. What is the procedure, process of filing for the petition for standing? What are
<br />the dates, is it postmarked, is it when you received it, when you filed it? And did this petition
<br />make it?
<br />TORIGOE: Can address it -?
<br />AU: Ivan, please go ahead.
<br />TORIGOE: Yeah, Mr. Chairman, just going back to Rule 4-6 again. It says that, again, it says,
<br />“In all proceedings where the Commission's action is directly appealable to Circuit Court, the
<br />applicant and the Planning Director will be designated parties to the action. Any other person
<br />seeking to intervene as a party shall file a written request on a form approved by the Planning
<br />Director and accompanied by a filing fee of two hundred dollars no later than seven calendar
<br />days prior to the Commission's first meeting on the matter.” So basically it said any person
<br />seeking to intervene, besides the applicant and the Director, needs to file this form no later than
<br />seven calendar days before the meeting.
<br />AU: Okay. Mr. Arai, or Mr. Darrow, maybe if you can answer my question. Just, you know,
<br />what is the process, times, dates, whether it’s postmarked, or whether you received it from the
<br />hearing that we’re in now, cause we did start our hearing. Maybe you can just go over that first
<br />before I ask questions to the people here.
<br />DARROW: Thank you, Mr. Chairman. The question is whether or not the application was filed
<br />within seven days prior to this Planning Commission meeting, based on the fact that this was the
<br />meeting that they were instructed to send out a request for a petition for standing, because of the
<br />fact that there was information given before that was incorrect. This particular, we now have
<br />two petitions before us. This one from Jonelle Fukushima was received in the Planning
<br />thth
<br />Department March 4, although it’s postdated on the envelope as January 28, I’m sorry,
<br />th
<br />February 28. So to this is going to be given to legal interpretation, which I would have to defer
<br />to our Corporation Counsel in terms of whether or not we’re going to consider the postmark as
<br />being filed within seven days. If we consider that then it would be timely. If we do not and we
<br />look at the date it was received, then it would not be timely.
<br />15
<br />
<br />
<br />
|