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2006-10-27 tcouncil
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2006-10-27 tcouncil
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process up to a point of the County Council voting on it. They do not have that right with <br />respect to the General Plan. <br />Now, as a practical matter, theres no, you cant, its true that some of the amendments in the <br />80s, as I say, were the brainchild of the landowner, but they did convince either the Planning <br />Director or, I think in most cases they were Planning Director-initiated amendments. They did <br />convince the Planning Director to actually initiate the amendment. <br />ALAMEDA:Commissioner Iwashita? <br />IWASHITA:I have a procedural concern and that is, that arises out of the inclusion in <br />the resolution on Page 2. How do I define this -. The paragraphs that begin BE IT FURTHER <br />RESOLVED, Nos. 2 and 3, I guess my reading of those, those are contrary, those are provisions <br />which are contrary to the General Plan 16.2.1. The first one talks about a 60-day and the <br />Directormentions60-daytimetorespond;andtheGeneralPlanrequiresaminimumof120 <br />days. And then the following paragraph talks about the Director presenting a resolution within <br />the same 60-day period which is, in my interpretation, contrary to 16.2. So, I guess, my view is: <br />That this resolution, because it violates the General Plan, is not a proper resolution; and that I <br />dont think we should proceed with it at all; that if the Council wants to initiate this process it has <br />to do it in compliance with General Plan 16.2, and it has not. It has attempted to start a process <br />by placing conditions that are contrary to 16.2; and, therefore, I believe it should be ignored, and <br />that we should send it back to Council and say do it over right, for one. <br />The other concern I had is that, I understand the Directors concern about the use of the term <br />feasibility study in 16.2, because its not a real clear and definite term. But I dont see, I guess, <br />has it ever been done, a feasibility study for an interim amendment? <br />YUEN:I am just not sure whether there has ever been a Council-initiated General <br />Plan amendment. Phyllis, do you, are you aware of any? Im not aware of any. This is the first <br />one that Im actually aware of, and certainly the first one in the last, the only one in the last six <br />years. <br />IWASHITA:Okay. Well, my concern is that it doesnt appear that what we have before <br />us has anything that would, I would view, that complies with meeting that requirement of a <br />feasibility study. So, whatever that is, and that I see it as problematic. But my main concern is <br />really that the Council here by this resolution has violated 16.2 of the General Plan and we <br />should not proceed until it does it correctly. <br />ALAMEDA:Staff, I have a question. Actually -. <br />YUEN:Let me -. <br />ALAMEDA:Oh, go ahead. <br />YUEN:Let me just make, first, the Be it resolved that says that the Council <br />directs the completion of the feasibility study and Planning Commission public hearing within 60 <br />days from the transmittal date of this resolution to the Planning Director, I did attend the meeting <br />when they discussed the resolution. And I agree with you that the Council cannot require this. <br />6EXHIBIT B <br /> <br />
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