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2006-11-01 tcouncil
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2006-11-01 tcouncil
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ordinance, this is the same recommendation that we would make if we had taken 120 days. Its <br />just that we took less thanthe required maximum amount of time to do that. The ordinance <br />allows you to take less than the maximum time; and if the Commission is ready to make a <br />decision today and send its recommendation up to the Council thats great. If its not, then this <br />matter gets carried over to another meeting to discuss and consider again. <br />SIRACUSA:Mr. Graham? <br />GRAHAM:Thank you, Mr. Yuen. Yes, Commissioner Siracusa. <br />SIRACUSA:I have a question for Mr. Torigoe. Everyone is talking about its a <br />resolution it doesnt have the force of law. But all the paperwork in front of me is, you know, <br />drafts for a bill for an ordinance which would amend the General Plan, on the General Plan <br />Amendment Procedures. Would you please clarify that for me. <br />TORIGOE: Thank you. When were talking about a resolution not having the force <br />oflaw,werereferringto,ofcourse,thatResolution430-06whichtheCountyCouncilusedto <br />initiate the proposed amendment which would streamline the General Plan Amendment <br />procedures. So ultimately, yes, ultimately the result of the process would be a change in the <br />General Plan and in those procedures, which is a change in the law. But the thing that kicks off <br />that process is a resolution; and a resolution does not have the force of law except as it may be <br />provided for in law. In this case, the resolution from the County Council has the force of law <br />only to the extent that it initiates the amendment process and directs the Planning Director to <br />start the process, do his report and recommendation, feasibility study, whatever you call it, to the <br />Planning Commission. <br />SIRACUSA:In that case are we going to be voting on a resolution or an ordinance? <br />TORIGOE:What you will be doing is making a recommendation on the proposed <br />amendments to the General Plan and sending that recommendation to the County Council for <br />their action. <br />SIRACUSA:Ordinance then? <br />TORIGOE:Right. <br />With respect to the initial question that was raised by Mr. Iwashita, Commissioner Iwashita, as I <br />said, its good that he raised this question; and it is always possible that someone could try to <br />challenge an action that you take. And the language that the Council put into this resolution that <br />were talking about 430-06, you know, it does seem more mandatory than apparently they <br />intended it to be. So theres always a possibility that somebody could try and challenge, you <br />know, based on that language. I think though in a case like this that because it is really possible <br />for us to remedy any harmful effects of that language, basically, on the record, we have the <br />Planning Director saying that, no, you know, he wasnt influenced by that language directing a <br />shortening of the timeframe. And if the Planning Commission also on the record recognizes that <br />the language in the resolution really does not have the power to cause you to shorten your <br />timeframe under the General Plan for review of this amendment, then basically on the record it <br />seems like theres no harm done, you know, that everybody recognizes that this really did not <br />7EXHIBIT B <br /> <br />
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