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LEITHEAD-TODD:I just want to point outthat in your record, I€m assuming, well, at <br />least in my record that it notes that there was a letter of transmittal with the, you know, <br />st <br />the proposed order and that was dated March 21; and it shows that it was to be sent to <br />Ivan Torigoe, to myself, as well as Mr. Fulks. And then, you know, I think subsequently, <br />thth <br />another certificate of service was filed for March 28. And, again, on that March 28, <br />Mr. Fulks is noticed on that as this having been, you know, mailed out to him. So at least <br />on two occasions the record shows that Ms. Song did include Mr. Fulks in the mail. <br />I also want to note that in the appeal, Mr. Fulks did not file an appeal and did not, you <br />know, file any documents in the appeal. <br />The other thing that I want to point out is that while Mr. Fulks is talking about he wants <br />money for Hawaiian Acres, money for Hawaiian Acres improvements to their roads has <br />never been part of this, it has never been a condition of the Use Permit at any point in <br />time, not the original permit, not the extensions and was not even part of the amended <br />order as approved by the Planning Commission. So if Mr. Fulks is now asking and <br />saying that he wants some money from this to go to Hawaiian Acres, that was never part <br />oftheconditionshereandwouldbefarbeyondthescopeofanythingonthetablebefore <br />the Commission. You can ask Mr. Torigoe but that goes well beyond anything that€s in <br />the existing permits. <br />ALAMEDA:Thank you, Ms. Todd. I feel we have enough information to <br />perhaps move forward into Executive Session. Motion made by Commissioner <br />Galdones, seconded by Commissioner Siracusa. Seeing no further discussion, staff? <br />HAYASHI:Commissioner Galdones? <br />GALDONES:Aye. <br />HAYASHI:Commissioner Siracusa? <br />SIRACUSA:Aye. <br />HAYASHI:Commissioner Watanabe? <br />WATANABE:Aye. <br />HAYASHI:Commissioner Graham? <br />GRAHAM:Aye. <br />HAYASHI:Commissioner Iwashita? <br />IWASHITA:Aye. <br />18EXHIBIT D <br /> <br />