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YUEN: It would have to be revoked. So it’s okay with me to defer further action <br />until the Council acts on the zoning; but as far as saying that no further action would be taken on <br />the revocation, no, I -. <br />WATANABE: You want us to still have a -? <br />YUEN: Yeah, if Mr. Lim is not willing to agree simply to defer action, then I <br />would like to do what the rules call for in the case where there aren’t five votes either way; and <br />that is that there is another opportunity to revote both the request for a time extension and the <br />request for revocation. <br />WATANABE: Okay. Mr. Lim, this is how I’m envisioning it. For whatever reason you <br />do not get a favorable decision at the Council level, then obviously the SMA Permit would not <br />match up with the then-existing zoning. So the SMA would be invalid anyway, and we could <br />respond to it. And revocation of the SMA would not preclude you from contesting the Council’s <br />decision in court anyway; and depending upon the court’s final decision all of this may be moot <br />anyhow. So if you would agree to – how shall I put it – hold in abeyance the decision on the <br />revocation until the Council makes their final decision, maybe that’s the best that we can achieve <br />it at this point. <br />LIM: On the applicant’s two actions, Agenda Items 1 and 2, we’ll waive our <br />right to have a revote and we’d like that to go forward. We would like the same thing to happen <br />to Agenda Item No. 3, but I think that’s the Director’s call since he is technically the applicant on <br />that action. We are the applicant on the first two actions; so we are able to waive our right to <br />take a revote. For your information, if this matter does go to litigation, then I’m going to be <br />resisting any attempt to revoke the SMA Permit regardless of what happens with the zoning. <br />WATANABE: Okay. Okay, so then can we agree then we will defer action on the <br />revocation until after the Council’s vote? <br />IWASHITA: Mr. Chair. Oh, I’m sorry. <br />WATANABE: Yeah -. <br />YUEN: Well, I would agree to that; I don’t know if Mr. Lim is going to agree to <br />that. If he doesn’t agree to that, then we have to simply follow the rule on having a revote on the <br />revocation. <br />WATANABE: Give me a second. Would you agree to that, Mr. Lim? <br />LIM: No. We’ll go with the rules. We don’t agree. <br />WATANABE: Okay. So then if you don’t agree and we are going to go with the rule, <br />that would mean it would be agendized at the next meeting? <br />EXHIBIT A <br />28 <br /> <br />