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seems that some of the concerns raised by Mr. and Mrs. Hickman could be addressed in the <br />further discussion with the Applicant. But, nonetheless, we have to deal with the application <br />procedurally. And maybe this is where counsel might be able to help us in the process, is to deal <br />with the Contested Case Hearing, allow the discussion on the application to proceed, and if it <br />meets the concerns raised by Mr. and Mrs. Hickman, then allow them the opportunity to <br />withdraw their Petition for a Contested Case Hearing. If that would be a proper order, Mr. <br />Chair? <br />ALAMEDA:Okay. Thank you, Commissioner Galdones. Let’s check with our Corp. <br />Counsel, make sure that we’re abiding by the rules. Mr. Torigoe? <br />TORIGOE:Okay. Thank you, Mr. Chairman. Your rules allow for parties to amend <br />any procedures by stipulation. There are a couple of things you could do, one is, as was <br />suggested by Commissioner Galdones, you could grant standing and then allow for some <br />discussion on the record, or off the record if they want to see if they can come to some agreement <br />by which they could stipulate that certain conditions will be a part of the permit, if it is granted, <br />that would satisfy the Hickmans’ concerns. And if they are satisfied that they are protected, then <br />they could then withdraw their Contested Case Hearing request or just, I guess, withdraw from <br />Contested Case Hearing standing. You could also attempt, at this point, to give them some time <br />to see if they can come up with a stipulation to have certain conditions included that would <br />satisfy their concerns and then allow them to just withdraw their request before you actually act <br />on the standing. <br />ALAMEDA:Let’s have more discussion on this so we can know how to proceed. <br />Commissioner Watanabe? <br />WATANABE:I have a question for the Hickmans. Have you had an opportunity, well, <br />obviously, you’ve discussed this with Mr. Fuke, etc., with regard to the landscaping. And I was <br />wondering if you had an opportunity to see, okay, so you’ve seen this proposed amendment by <br />him? <br />R. HICKMAN:Head shakes don’t go into the record. I’ll say “yes” for the record. <br />WATANABE:Okay. So, then, you know, with regard to this process, if we included this <br />as one of the conditions, would you then be willing to withdraw your Petition for Standing? <br />R. HICKMAN:Let me ask a question before I answer that. <br />WATANABE:Okay, sure. <br />R. HICKMAN:Is it okay for me to ask a question? <br />ALAMEDA:Let me just check if we’re on the right logic here in terms of process. I <br />want to honor Commissioner Galdones’ comment that everyone, to make sure we’re on a <br />process. So, Mr. Torigoe, if we continue with this discussion of going back-and-forth, does that, <br />is that healthy discussion prior to? Should we act on whether or not to grant them standing, or <br />wait and see maybe they can withdraw standing before granting? <br />EXHIBIT A <br />14 <br /> <br />