PC 09/07/77 - Laserfiche WebLink

Next, Larry Billings, 2 3 Chardonnay, local businE personal axe to grind. He sincerely hoped that the has given this proposed ordinance much thought. He regulations are imposed on private enterprise, comp There being no further public testimony, the Public to the September 14., 1977, meeting. Commissioner Jamieson arrived at 8:52 P.M. Oman, stated he had no Planning Commission felt that when such =tition is hampered. Hearing was continued City Attorney Ken Scheidig indicated that in the process of preparing this ordinance, it was recognized that the City might be sued, and that they recognize its obligation to meet imposed standards pertaining to air quality. He then provided the Commissioners and the audience with an explanage°also the LAVWMA pipeline project, as well as the 1972 sewer agreement. stated that the Sunol treatment plant has had a cease and desist order on it almost continuously since April, 1973, until March of 1976. Hopefully, if everything goes as planned, the LAVWMA pipeline will be completed in March, 1980. Funding will be provided up to 87z~ through Federal and State aid. This aid would be given with the understanding that for the first five years of the program, the City could not build faster than the E/O growth rate. The ordinance speaks to the 1972 settle- ment agreement on Page 2 under 2-13.02 (d) and again on Page 5, Sec. 2-13.07(a) (3) and Page 6, Sec. 2-13.07 (b) (2). The question is whether the 1972 settlement agreement is such an overriding, binding agreement as to not be subject to a plan as proposed. Mr. Scheidig recommended that the Planning Commission read over the City Attorney's report on the Legal Analysis of the Growth Management Plan prepared on November 12, 1976. He emphasized that the City did not give away all its powers with the settlement agreement. He then gave further explanation regarding Paragraph eight of Exhibit B of that agreement. He emphasized that there is flexibility in the Residential Allocation Program. He agreed with Mr. Pearson's comments that if the Planning Commission exempts certain developments from the Plan, the City may as well drop the entire plan. Staff conceded that changes would be made on the plan as they work with it. Commissioner Jamieson requested, and received from the City Attorney, an explanation regarding how often swapping of permits has occurred. Chairman Butler then stated that at the next meeting on September 14, 1977, the Planning Commission should expect to work on the ordinance again and enter into discussion on how to implement the ordinance. Secretary Harris told thn Cwo ldsbenthe ordinancetanddthemelementr tStaff review at the next hears g would anticipate at least one more meeting before the Planning Commission makes a decision. A recommenaaementwCommitteebmayaor maytnotCmeetCodepending Prior to that, the Growth Ma g on the changes, if any, proposed by the Planning Commission. If necessary, they will meet and make a separate recommendation to the City Council. ADJOURNMENT The special meets g of the Planning Commission was adjourned at 9:11 P.M. Robert J. Harris Secretary -3- _1 __.. .. _ _. ~..._ ..