2004-06-18 TFABYONIC - Laserfiche WebLink

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SPRINGER:Question. FUJIKAWA:Springer? SPRINGER:In the mediation, would the Planning Director representthe interests of the County, or is it between Mr. Vitousek and Mr. Matsukawa? FUJIKAWA:Mr. Director? YUEN:Wed be willing to participate but its up to the parties to see whether they think the Departments participation is necessary. FUJIKAWA:Graham? GRAHAM:Ijustwanted to ask Mr. Matsukawa if he had any comment, not on thewillingnessofthepeopletodiscussbutontheappropriatenessofthePlanning Commission making such a suggestion? MATSUKAWA:In reality, some form of mediation precipitates or precedes the contested case hearing because the attorneys, at least, confer with each other to identify issues and see what can or cannot be done. What I understand Mr. Vitousek is asking is whether the participants themselves would be willing to engage in a more formal session, nonbinding. I think its healthy to the procedure. As to the second question, is it within your authority, I think Mr. Yuen correctly states that you cant force us to go, but you can certainly recommend it to be done. FUJIKAWA:Any questions? Mr. Alameda? ALAMEDA:So just for my understanding then, it sounds like there were no informal talk story or mediation, if you will, with the applicant and the community. VITOUSEK:There were a number, there had been meetings. The applicants met with representatives of the community. There have been a number of meetings. Its just that once you get to the point where parties have entered into a contested case and you have a defined number of parties, thats a good time to sit down and see if we cant cut through the issues and find some kind of resolution. And if we cant, fine. But, you know, its a very cost-effective approach sometimes. FUJIKAWA:Any other questions, Commissioners? Do you have anything else to say, Mr. Matsukawa? MATSUKAWA:None. FUJIKAWA?Mr. Vitousek? 25