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MCCALL: Yeah, that’s fine. ALAMEDA: Mr. Martinage? MARTINAGE: Yes. I apologize about that. ALAMEDA: No problem. MARTINAGE: And I do believe that that’s what we want; it’s a very amenable outcome. And to Brad, we spoke to Brad or I worked with Brad and I mentioned, and he said, “You won’t have any problem with me.” And then after, when the letter came and we were given that, immediately just gave him a call, we talked about it and I said, “Brad, you understand this would go to -. We would have to hire lawyers and things of that,” and he says, “If you want to hire lawyers. I’m not hiring lawyers.” So I don’t think we really understood that sort of contested side of it. From the beginning I’m supportive to Ag and working together; and I make just as much noise, if not more than Brad on his farm. So again, that’s just my input on that side. ALAMEDA: All right. Ms. Siracusa? SIRACUSA: Yes, I have a few questions: Number one to Mr. Martinage. Would you agree to a condition in the permit that’s stated that you would not infringe on Mr. Farwell’s right to conduct noisy operations on his farm? MARTINAGE: Yes, I would, as long as with reasonable within a -. SIRACUSA: Okay. Number two, question, Mr. Farwell, having heard now the description by Commissioner McCall and by Corp. Counsel as to what is entailed in a contested case, do you still want to go ahead with that, or would you be willing to, say, going to mediation with your neighbor? ALAMEDA: Sir? FARWELL: Yeah, I’m trying to ponder and answer this. You are basically forcing me to deal with a legal matter that, as far as I’m concerned, is out-and-out harassment. But given that, the gravity of our situation is such that if our business is going to continue, it has to be done there on the property. We’ve been in business now five years, as far as the manufacturing mac nuts. I’ve been growing the mac nuts trees for 30 years. With all I have at risk, I don’t see how I can agree to mediation or whatever because it still boils down to the simple fact that if something crops up in the middle of the night and I have to go out and do something at the crack of dawn, and Michael has got his friends and guests at the house, I have no time for heads up. I mean, this is a farm; I’m not a maintenance man, I’m a farmer. So I have to make decisions and I have to do things when I have to do them. And I don’t feel it’s fair to put me at risk with a bed and breakfast next door. I don’t see how you can reconcile the two, I mean, I know we are trying to make bed and breakfasts compatible with farm land. I don’t understand why, but nonetheless I’m not going to argue that point. ALAMEDA: All right, we hear you. That sounds like a no. So, Commissioner Watanabe? EXHIBIT A 12