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shorten your timeframe. And so even if somebody were to sue on this it would seem that, you <br />know, the court would look at this and say, you know, I see what you€re saying but no harm <br />here. And so it€s hard to see where anybody would even have standing to bring such a lawsuit. <br />So, you know, onthat basis, that€swhy I feel comfortable in saying that it€s okay for you to go <br />forward. Of course, you always do have the option. You€re the ones who are goingto have to <br />make the decision on whether you go forward, or you could even decide to go forward but <br />recommend that the Council redo it because you feel like, you know, the language that was put <br />forth is just, just seems too unclear. But basically in the end because it, it just seems to me that <br />it€s early enough in the process that you can remedy any perceived harm. I think it€s highly <br />unlikely that there would be a challenge and even less likely that such challenge will be <br />successful. <br />GRAHAM:Thank you. Commissioner Watanabe? <br />WATANABE:AsIstatedearlier,I€mnotasconcernedasMr.Iwashita.Andbasedon <br />the subsequent discussion that has followed, I€m ready to make a motion if that€s in order. <br />GRAHAM:Hold on just a second. Making a motion with regard to this procedural <br />issue that we€re discussing right now or making a motion in regard to the content? I think we€d <br />want to have a presentation by the Director and some discussion on the content before we finish <br />with this agenda item. <br />WATANABE:Oh, okay, well, I guess we€ve heard it before, but I don€t know that you <br />need a motion for the procedural issue, or do you want -? Why don€t we just do a voice, any <br />opposed or whatever? <br />GRAHAM:Okay, let me catch Mr. Iwashita€s read on this at the moment. <br />IWASHITA:Thank you, Mr. Chair. I guess in an exercise of caution to me at minimal <br />what this body should do is at least go beyond the directed time periods that the Council has so <br />that what Mr. Torigoe said would be more true; and that is that if we took more than the 60 days, <br />right, then it can€t be said that we acted within, you know, within the timefame, but, one <br />suggestion. <br />Two, another procedural point that, you know, the resolution that was sent down had a proposed <br />ordinance attached to it in which the Council-directed amendments to 16.2; and that goes on for <br />2 ž pages or so. The Director€s response, and the resolution itself speaks of 16.2 and quotes the <br />language in 16.2. The Director€s proposed ordinance, the one we had last time and the one we <br />have today, has changes for 16.2 but adds changes to16.1, which is not what the Council asked <br />for. So I have some concern about the proposal by the Director that basically goes beyond what <br />the Council asked to have done. So that€s an additional concern that I have about proceeding <br />with this matter. <br />GRAHAM:Mr. Yuen, would you like to comment on that question? <br />YUEN:Yeah. First we are actually beyond the 60 days. This was transmitted to <br />thth <br />the Department on, I believe, the letter is August 29,wereceiveditAugust30;andtheonly <br />way we, we were not able to put it on the agenda in a normal, early October meeting, it was <br />8EXHIBIT B <br /> <br />