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It was m/s by Thorne /Cook Kallio to waive full reading and adopt Ordinance No. 1998 approving <br /> the rezoning of three sites in Hacienda Business Park, as filed under Case PRZ -48. <br /> Councilmember McGovern said she still only supports the rezoning of two sites and could not <br /> support the motion. <br /> Councilmember Sullivan said that he primarily struggled with the "good cause" clause. He said <br /> this is ultimately the guiding document, and while the process which was just adopted will <br /> hopefully work well, the developer can still use "good cause" as an escape. He noted that one <br /> property owner sounded as though they were ready to do so tonight. He recognized the legal <br /> constraints but said he would prefer to see language that does not provide such an open door. <br /> Mayor Hosterman stated support for the ordinance, as written. <br /> Councilmember McGovern concurred with Councilmember Sullivan regarding "good cause." <br /> Vice -Mayor Cook Kallio asked if including language that requires the property owner to show <br /> that the task force has not operated in good faith would solve the problem. <br /> Mayor Hosterman asked how that argument would be supported or disproved. <br /> Mr. Roush said this could be a ground for good cause and the Council would then be <br /> responsible for determining if there was any substance to that. He said there could presumably <br /> be many reasons for a property owner to argue good cause and this is why it was left open <br /> ended. He said staff felt that it gave a stronger legal argument to say there was not an <br /> overwhelming impediment for a property owner to proceed with a project, provided that it could <br /> make a case in front of the Council. He noted that, while Vice -Mayor Cook Kallio may have <br /> stated for the record that the task force failing to operate in good faith would be good cause, <br /> other Council members may not feel the same. <br /> Councilmember McGovern asked Mr. Roush how he would appeal the Council's decision to <br /> deny a good cause action if he were representing the property owners. <br /> Mr. Roush explained that courts typically attempt to determine whether or not a Council's <br /> decision is arbitrary, capricious, or entirely lacking in evidentiary support. He said there is a <br /> great deal of discretion vested in Councils to determine what constitutes good cause under <br /> these circumstances and, provided none of those things were determined, a court would uphold <br /> the Council's decision. <br /> Councilmember McGovern asked if the same would be true with the language stating a 12- <br /> month goal for the task force. <br /> Mr. Roush said that the qualifications provided by staff and Council has built in a certain amount <br /> of flexibility with respect to that period. <br /> Councilmember McGovern requested examples of the task force moving forward with good <br /> faith. <br /> Mr. Roush said that good faith would be evidenced by the task force's progress on the <br /> objectives outlined in the staff report. He said if the task force were still discussing <br /> organizational issues ten months into the process, the Council may reach a different conclusion. <br /> City Council Minutes Page 16 of 21 November 3, 2009 <br />