CCMIN080195 - Laserfiche WebLink

Mr. Roush stated that the critical issue is whether or not the Council wants to have the Planning Commission leave on its agenda the final EIR and the prezoning and/or would the Council like on its agenda on August 7 the final EIR, prezoning and the application with resolutions for annexation. If Council decides to leave it on the agenda, staff is concerned how it will be perceived with respect to the joint planning process. One issue is that if you continue to process and the Council takes action on August 7th, then the Council would need to make a decision at that time whether or not to file a Notice of Determination, assuming that the EIR is certified. Normally the Notice of Determination is filed and that starts the 30 day statute of limitations period running in which any opponent can file a challenge under CEQA. If the Council took action on August 7th, it could direct that the Notice not be filed or indicate that the Notice would be filed but the Council could look at an extension of time in which to file a lawsuit while negotiations were going on. StafFs concern is that if Council moves ahead, that it might be perceived negatively and what effect it might have on the discussion for the joint planning process. Ms. Acosta stated that the proposal that arrived suggested that we would stop processing the project for annexation but that the County would proceed to hold workshops. Ms. Acosta stated that in staff's counter proposal, staff has asked the County not to hold any further workshops, if they want to show good faith. If they proceed, then Council might have to act on the issue or vice versa. In looking at this, if the suggestion is to stop, both sides stop; if the suggestion is to stop part of this, then we equally stop. If we want to proceed, then they may want to proceed with the Planning Commission workshops to keep their process moving along. Ms. Dennis stated that she would like to get some public input whether to go ahead and process the EIR as well as the counter proposal. She said the discussion for both decisions should be heard together. It might be possible to put together a workshop on the 7th to familiarize Pleasanton residents who might be interested in taking an active role in lobbying the Board of Supervisors about what they are feeling concerning this project. Ms. Michelotti asked Ms. Dennis if she was proposing to have a workshop on August 7th and have it come back to Council for decision on August 15 as to when the Council will schedule the hearings on the EIR. Ms. Dennis stated that depending on what happened, Council could have a workshop with a Council meeting following. That would put the information in the Planning Commission hands at its second meeting in August. Mayor Tarver stated that the community doesn't understand what is going on, what is legal, what is not legal, what is the process, and what should the Council be doing about the 500+ acres in the middle of downtown Pleasanton. Ms. Michelotti stated that there were some citizens who met with Ed Campbell and Mary King and they asked them to pursue a joint planning process. They reported back and brought back the idea of a joint planning process. The Council then directed we look into that process. 08/01/95 -13-