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LEWIS: All right, so all in favor please say aye. Any opposed?
<br /> ALL BOARD MEMBERS: [all voted in favor].
<br /> LEWIS: All right, so hearing no opposition, that amendment, that final amendment passes. Yeah,
<br /> I guess so. All right, I missed one that where it's basically again a rewording to make it more of
<br /> an active versus passive language. So, this is now going to be—that so, I'm going to move that the
<br /> conclusions of law be amended, the old number five, which is now number nine. Okay, hang on a
<br /> minute.
<br /> Okay, all right so I'm going to—if you can follow along Board Members, follow along, and I will
<br /> indicate where the changes will be. Having considered the testimony and evidence provided, the
<br /> Board unanimously concluded rather than ruled, so that's the first change, that in issuing his order,
<br /> the Planning Director Zendo Kern did not clearly err, was not arbitrary or capricious, nor did he
<br /> abuse his discretion, that's unchanged. Therefore, the Board affirmed Zendo Kern and the rest is
<br /> unchanged. So, we're crossing out denied appellant's appeal of and turning it into the active voice
<br /> of. Therefore, the Board affirmed Zendo Kern and the rest remains unchanged. That's it from me.
<br /> MCNAMARRA: I'll second that.
<br /> LEWIS: Okay, any discussion? All right, all in favor of this amendment, please say aye. Any
<br /> opposed? Thank you, Noe. Any opposed?
<br /> ALL BOARD MEMBERS: [all voted in favor].
<br /> LEWIS: All right, hearing no opposition, then that final amendment passes.
<br /> WAN: Okay, so if the Chair is done suggesting amendments, then what is left on the floor is the
<br /> original motion to approve the proposing findings of facts, conclusions of law as amended, so that
<br /> would be on the floor for discussion presently.
<br /> LEWIS: It's been seconded.
<br /> WAN: You've already been seconded.
<br /> LEWIS: So, the discussion now is to really the merits of whether we're going to adopt the—this
<br /> findings of fact and order in it's entirety as amended. Any discussion on that? Okay.
<br /> WAN: So, Chair, can you just call the question just so that everybody's clear.
<br /> LEWIS: Okay, how do I call the question?
<br /> WAN: So, it would be restating the motion. So, your motion is to—I guess, I'll just call the
<br /> question for you then. The Chair's motion is to approve the proposed findings of fact, conclusions
<br /> of law, as amended by the subsequent amended—amendment motions rather than having to state
<br /> it all into the record once more since the Board has voted on each and every single one of the
<br /> amendments. So, that's the call of the question and since this is approving the final form of the
<br /> order, I would ask if you're going to ask for the vote that it be roll call.
<br /> LEWIS: Okay, so is there any discussion? All right, so we'll have a roll call vote and please state
<br /> your vote when you name is called.
<br /> EXHIBIT A
<br /> Page 7
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