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TORIGOE: Thanks, Mr. Chair. Maybe, if we can have a brief discussion on the <br />record with the parties just to make sure everybody is on the same page as to what’s going to <br />happen at the meeting. <br />ALAMEDA: Okay. <br />TORIGOE: It sounds like the applicants are wanting to basically present a <br />condensed case, and maybe Mr. Lim can give us an idea what that will entail. <br />LIM: What we are trying to do is to keep it as short as possible. We do want <br />to do a project overview to reorient you with some of the, some better exhibits, and that will <br />probably, that will be done through Mr. Greg Mooers who is our planning consultant. He will <br />cover the project details, phasing, things like SMA criteria, those types of things. Well, we’ll <br />have probably available for questions David Bills, if he is available, our project engineer, and <br />Dr. Ron Terry who is our environmental consultant. And, but we plan to use Mr. Mooers <br />primarily for testimony, so I may be able to just do it all with him, and just have the other <br />witnesses for questions of the Commission, if necessary. At that point we’ll be ready to, we are <br />assuming that we are going to be incorporating the record from all that has happened before and <br />all the evidence, and at that point in time we will be ready to argue our final argument. <br />ALAMEDA: Okay. Mr. Hardy-Sullivan, your thoughts on that as well? <br />HARDY-SULLIVAN: We would like to have the opportunity to subpoena, and I don’t know <br />if I come to the Commission itself for that. Because it wouldn’t be civil at that point for some of <br />our witnesses that Ms. Siracusa pointed out were disallowed by the special hearings officer, that <br />would have a very relative testimony to this, especially Mr. Phil Tinguely. And so we request <br />that. And just for information, if you allow to do that, of if who, or Corporation Counsels as far <br />as authorizing any subpoena. We’d like to chance to cross-examine them a little bit, and it <br />th <br />should not to take too long. There is new information that has occurred since the October 10 <br />filing of the motion, and I’d like to have some testimony on that, which is very, very relevant on <br />the flooding issue of this property. <br />ALAMEDA: Mr. Torigoe, is their request appropriate? <br />TORIGOE: Well, your contested case proceedings Rule 4-14 allows for subpoena <br />of witnesses and documents, and the appropriate written request should be made stating the <br />reasons why the testimony is believed to be material and relevant. And so I believe the Planning <br />Department has forms for that sort of thing? <br />LIM: Could we have an opportunity to object, if need be? Some of, and you <br />know it’s not just to be the lawyer, it’s some of the witnesses, and I don’t blame Mr. Hardy- <br />Sullivan; he is not an attorney. But what the problem was during the hearing he would be having <br />a geologist giving traffic opinions and those types of things, and people who are not qualified to <br />give professional opinions; and so that’s why we are objecting. If they want to just testify as <br />public witnesses, that’s okay. <br />ALAMEDA: Mr. Hardy-Sullivan? <br /> EXHIBIT B <br />21 <br /> <br />