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2008-08-22 TECOMMERCE
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2008-08-22 TECOMMERCE
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ALAMEDA: Okay, okay, I got it. Got you. <br />WATANABE: Okay. <br />LIM: Mr. Chairman. <br />WATANABE: Yes, Mr. Lim. <br />LIM: Could I -? The reason I’m interrupting, I’m sorry, is I think maybe if we <br />handle Mr. Fernandez’s contested case intervention status first, then I can move onto what I will <br />ask for is a continuance of the hearing because basically what we are faced with now that he is <br />not participating is I do want to, my client’s goal is to wrap up all of these issues at one time. So <br />No. 1, if we have to have the road from the house down to the beach included in the application <br />to resolve all these issues, we are willing to do that. <br />WATANABE: You are willing to work with the Director on that. <br />LIM: Yes. And as you are going through this discussion on what we call <br />renaturalization, you know, there are things like what type of vegetation, where and those types <br />of issues that we want to work with both Mr. Fernandez, whether he is a contested case <br />intervenor or not, and the Planning Director. We also have certain conditions proposed by the <br />Director that we are unable to agree to it at this time because we don’t control certain areas of the <br />road that he wants us to include in the public access grant, and we also have some private <br />contractual agreements that we have to work out before we can make any of these agreements <br />anyway. So that’s why I was going to request a continuance. But I would think we should <br />handle Mr. Fernandez first. <br />WATANABE: I understand. So I appreciate your jumping in. Now, I think the juncture <br />that we are at, Mr. Fernandez, is to determine whether you’re satisfied that your case has been <br />presented within your testimony today to your satisfaction, and whether you have made up your <br />mind as to whether you want to proceed with attempting to gain standing in this contested case <br />hearing, or are you satisfied and you are willing to withdraw your petition for standing. <br />FERNANDEZ: Yeah, I am satisfied that I have had my say, and then I’m willing to <br />withdraw my contested case application. <br />WATANABE: You are satisfied with that. <br />FERNANDEZ: I’m satisfied. <br />WATANABE: Okay. Is that satisfactory for the record, Mr. Torigoe? <br />TORIGOE: Well, yeah, I guess just you can check with the Commissioners to see if <br />anybody has any objection to it withdrawn. If not, then we’ll consider it withdrawn. <br />EXHIBIT B <br />18 <br /> <br />
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