2005-05-12 TYAMADA - Laserfiche WebLink

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TORIGOE:Yeah, Ill justmaybe make a couple of possible suggestions and certainly Im open to any other input from the Director or the Commissioners. But it seems at this point what you have is a conditional withdrawal thats on the table of the contested case hearing. One thing you could do is, you know, normally when you have awarded standing to a party you go ahead and you decide whether to outsource the hearing, and then you go ahead and have the contested case hearing. Today, its alittle different in that you have the contested case intervenor basically saying theyre willing to withdraw if certain conditions are included in any approval. So, at this point, what you might do is ask the parties if they are willing to modify the contested case procedure. Your Rule 4-1 allows that any procedure in a contested case may be modified or waived by stipulation of the parties. So the parties are willing to agree, basically, that they will allow the Commission to engage in a deliberative discussion about whether there should be an approval of this application with the conditions in it; and if the Commission comes to that decision to grant the permit with the conditions, then that motion could also include an acceptance of the withdrawal of the contested case intervention. If that motion passes, then that essentiallywoulddisposeofthematter.Ifthemotiondoesnotpass,well,thenwewouldhaveto consider whether to go on with the contested case hearing, I guess, with the understanding that there is still this idea in the background that if these conditions are at some point included that the intervenor may still want to withdraw. SPRINGER:Commissioners, any questions of Mr. Torigoe on the procedure that he has fleshed out for us? Commissioner Watanabe? WATANABE:Yeah, if the motion that you describe does not passed, wouldnt that mean its sort of moot as far as the contested case hearing is concerned, because that would imply that we didnt approve the project anyway, the special permit? TORIGOE:Well, it may and may not, you know, because what you would have that point is that you have not approved the permit with the suggested conditions. Now, at that point, I guess, we would have to ask the parties how they would like to proceed, whether theyd like to just from that point go on to a formal contested case so that all the evidence can be presented and you can make a formal decision on the full record of the contested case, or whether they would like to just ask the Commission to allow them to present whatever testimony and whatever evidence they want to present to date, and ask you to make a decision. Commissioner Siracusa. SIRACUSA:Yes. I would like to know, well, two things. One is Id like to know if we could do just sort of like the way you do friendly amendments, you know, to a motion. If we could approve, if we could move to insert those conditions in the permit before we decide to vote on whether or not were going to approve the permit? And then the second question would be I noticed that the Board did not vote on the question of the service station, and Mr. Yamada has said he has withdrawn that. But because these things run with the land and Mr. Yamada, anything can happen, he might decide that he doesnt really want to run a mall or complex like that in the future, and sell it off to somebody else, and they might decide to put the service station in -? So we might want to consider adding another condition regarding a service station. SPRINGER:Mr. Torigoe? 8 EXHIBIT A