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CHC 1979-03-06
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CHC 1979-03-06
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Last modified
7/19/2018 10:49:53 AM
Creation date
6/19/2018 9:16:09 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
3/6/1979
Type
MIN
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AGE CHC 1979-03-06
(Related)
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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MR. FUKE: That is the thing. The charter <br /> is silent. If you look at the charter, all the charter <br /> provides, right now, is'-that the County Council. . .there is <br /> a section dealing with general plan. .that is all. It doesn ' t <br /> talk about what the council ' s role is in relation to the <br /> revisions. The general plan section is section 3-16, the <br /> County Council shall adopt by ordinance a general plan. . <br /> There is no discussion in relation to revisions or amendments <br /> thereto. <br /> Then, again, you look at the Planning Depart- <br /> ment ' s function on the top of page :i2, section (b) the Planning <br /> Director shall prepare a general. plan to guide the development <br /> of the county by district or districts. There is no discussion <br /> about what you do with revisions. <br /> And, then, you go down to the Planning <br /> Commission. Planning Commission item (b) review the §,p, and <br /> other plans and modifications thereof and developed by the <br /> director and transmit such plans, etc. , etc. <br /> It ' s only in the function as they relate to <br /> the Planning Commission that there is any discussion about <br /> modifications or revisions. This is why my comment is that <br /> we should have a section dealing with how do you treat <br /> revisions. We are, right now,, studying that particular <br /> matter and hope that within the next month or so we will have <br /> a specific recommendation® <br /> What I am legally obligated to do is first of <br /> all develop an ordinance within the framework of the existing <br /> charter in terms of how the general plan amendments would be <br /> handled and in the process of developing an ordinance we are <br /> studying the whole general plan amendment process If there <br /> is a need to amend the County Charter,. I will come before the <br /> County Charter Commission and so makemy recommendation to , <br /> the County Charter Commission, But we-F2cannot, at this point . <br /> in time,. propose an ordinance which would be in violation of <br /> the existing County Charter. So,, to answer your question., <br /> directly, Mr. Cadinha, how general plan revisions do come <br /> about, the only language there is according to my understanding <br /> and also t`o Ott e understanding of the 'corporation counsel ' s <br /> office is found in the existing general plan which says , <br /> proposals to initiate general plan amendments must originate <br /> from the Planning Director, That is the only reference to <br /> revisions. <br /> MR. CADINHA: .They originate and then you <br /> don 't know what to do with them from that point. <br /> MR. FUKE: They originate and you can deny. <br /> But\\then, as I was saying earlier, there is no statement <br /> in the charter or in the language of the ordinance talking <br /> about what happens after that. Thereis a big void. <br /> - 15 - <br />
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