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HAYASHI:Commissioner McCall? <br />MCCALL:Aye. <br />HAYASHI:Chair Alameda? <br />ALAMEDA:Aye. <br />HAYASHI:Motion carries. <br />ALAMEDA:Also, with Commissioner Graham€s request, we will take a five- <br />minute recess and then we€ll come back and go into Executive Session. Thank you. <br />RECESSEDThe Chair called a short recess at 3:35 p.m. <br />RECONVENEDThe meeting reconvened at 3:45 p.m. <br />EXECUTIVEThe Commission went into executive session at 3:45 p.m. <br />SESSIONThe Commission came out of executive session at <br />4:40 p.m. by a motion made by Commissioner Galdones, <br />seconded by Commissioner Siracusa and unanimously carried by a voice vote of all <br />Commissioners in attendance. <br />ALAMEDA:Thank you for your patience. We did have a fruitful discussion. <br />Fellow Commissioners, any proposal, any motion, any discussion or closing comments? <br />SONG:I have nothing to add. <br />ALAMEDA:Okay. How about Ms. Todd? <br />LEITHEAD-TODD:I just want to say that, you know, one of the reasons I <br />recommended a settlement in this is that it was my belief that if this went to Judge Hara <br />that there was a significant risk that he would essentially wipe out the condition because <br />the County had acquired the road. You know, so it€s kind of like I€ve always kind of <br />advocated that, you know, whether you collect or not, you know, a bird in the hand <br />versus the risk of nothing is -. You know, there€s still the potential that you can collect, <br />youknow,andIwouldhopethatithappens.AndIalsothoughtthattheone-yeartime <br />frame, that if there was actual performance on the condition that it would give the County <br />money,youknow,inamoretimelyfashionandperhapshelpusinactualworkon <br />Ainaloa as opposed to some speculative five-year period out there. Anyway --. <br />ALAMEDA:Thank you, Ms. Todd. Mr. Director? <br />YUEN:I just want to say that I do urge the Commission to amend the <br />permit,followingthelinesofthesettlementthatwasworkedoutintheCircuitCourtfor <br />19EXHIBIT D <br /> <br />