CCMIN111571 - Laserfiche WebLink

by Councilman Gerton that Ordinance No. 647, approv~n~ ~he applica- tion of MacKay Homes to rezone from the Agricultural District to the following districts: 187.4+acres R-1-6500 Single Family; 5~9+ acres ~-1500 Multiple; 30.4+ acres Public and Institutional; and 14.9+ acres Agricultural-Parks on propertV described as to be the balance of Tract ~]o. 3165 or more commonly known as ~he southwest- erly corner of the Pleasanton Canal and Hopyard Road and containing a total of approximately 238.6 acres, be introduced. The roll call vote was as follows: AYES: Councilmen Gerton, SpiliotoDoulos and Mayor Reid NOES: Councilman Pearson ABSENT: Councilman Beratlis MATTERS CONTINUED FOR DECISION There were no matters continued for decision. SPECIAL REPORTS Rep. qrt of the City Clerk and transmittal of the Initiative Petition .~e~ardin~ Foothill Road Mr. Edgar read the City Clerk's memorandum regarding the Initiative Petition, dated November 12, 1971, and reviewed the opinion of the City AttorneV which ~as forwarded to the City Clerk on November 8th. This opinion, as well as his opinion which was forwarded to the City Council on June 3, 1971, stated that an initiative petition seeking to rezone a parcel of property from one land use to another, was an inappropriate filing. Councilman Pearson disagreed with the City Attorney's opinion. Mayor Reid stated he would uphold the City Attorney's advice. After some discussion, it was moved by Councilman Gerton and seconded by Councilman SDiliotopoulos that Resolution No. 71-230-A, instructing the City Clerk not to accept the Initiative Petition based on the advice of the City Attorney. be adopted. The roll call vote was as follows: AYES: Councilmen Gerton, Spiliotopoulos and P~ayor Reid NOES: Councilman Pearson ABSENT: Councilman Beratlis Mr. Ed McDonald, Chairman of the R.F.D. Committee, stated that in view of the Council's refusal to accept the Initiative Petition, his committee is prepared to deliver a writ of mandate to Alameda County Superior Court asking the Council to comply with the request to place this rezoning matter on the April 11, 1972 Municipal Ballot. The City Staff was instructed to place the Foothill Read issue on the City Council Agenda for the meeting of November 22, 1971.. REPORTS OF BOARDS AND COMMISSIONS There were no reports of Boards and Commissions. 3. 11-15-71