Laserfiche WebLink
WATANABE:Mr. Chairman? <br />ALAMEDA:Commissioner Watanabe? <br />WATANABE:I have a procedural question. Does it have to be an oral argument or could <br />it be just like part of public testimony? I take it that if you€re going through oral argument then <br />we€re going round robin, each party will have an opportunity to rebut. And I€m wondering if, <br />you know, the same thing could be accomplished in public testimony. <br />TORIGOE:Well, I think since there has been a formal request for an oral argument, <br />you ought to, you know, follow that procedure. But you can also ask other questions. And, in <br />fact, as part of the argument you get to ask questions. <br />ALAMEDA:Okay.Sowe€lldothat.We€llstartwiththeapplicant.Youcangoahead <br />and make your oral argument, and then we can ask questions at that time. And then we can <br />move on to the intervenor and see if there are any questions. They can make oral argument as <br />well. And then we can move on to the Department, kind of in that order. <br />EGER:Mr. Chairman, the intervenor, I€m the intervenor. I€m the intervenor. <br />ALAMEDA:Okay. Forgive me. I need to turn to my Corp. Counsel here for the <br />procedures on this. <br />TORIGOE:Generally speaking, under the rules, the applicant shall open and close <br />when there€s a proceeding. Other parties shall be heard in such order as the presiding officer <br />directs. So normally it€s, you know, the procedure under the rules is to allow the applicant to <br />kind of set forth their argument or set the stage for that, and then the intervenor can come and <br />rebut that and present your argument as well. And then the Planning Director makes his position <br />known. And then again under the rules normally the Applicant closes. But there is discretion by <br />the presiding officer to amend that, and also the parties can agree by stipulation to change any of <br />these procedures. <br />ALAMEDA:So let me ask the applicant first then if you want to go ahead and <br />summarize your application, and then we€ll go to the intervenor. <br />EGER:Okay, I€ll be very -. I€ve got a point of order. <br />ALAMEDA:Go ahead. Microphone, use the microphone, please. <br />TORIGOE:Mr. Eger, will you please the microphone, thank you. . <br />ALAMEDA:Thank you. <br />EGER:I€m sorry, I thought this was picking up. I can hear it was not. My only <br />point of order was that I understood that Mr. Hayashi was going to give us a summary first; and I <br />don€t know where Mr. Torigoe gets his authority for continued appearance by the applicant <br />because there was no request for the oral argument today; and that€s what your agenda item <br />4EXHIBIT B <br /> <br />