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Commissioner Fox indicated that she would abstain because she does not have <br />enough information to know whether the License Agreement actually has the <br />stipulations of her concerns, which is the commitment to maintain it as open <br />space. She added that she was has been going to Livermore's EI Charro <br />Specific Plan meetings regarding the Chain of Lakes and the entire area from the <br />Livermore side and that there were always a number of developers with their <br />lawyers sitting in the audience and talking houses. <br />Commissioner O'Connor inquired what the downside was if the City pre-zoned <br />the property P and the non-conforming use was allowed to continue. Mr. Dolan <br />replied that it could make the process a little more difficult at LAFCo. <br />Commissioner Fox inquired if the City could return with an A zoning if LAFCo <br />denied a P zoning. Mr. Dolan replied that Zone 7 would be displeased with this <br />scheme. <br />Chair Blank read out the section on the Commissioner's Handbook regarding the <br />protocols for abstentions and inquired if an abstention would count as a "yes" <br />vote. Ms. Harryman confirmed that was correct. <br />Commissioner Fox stated that she has abstained in the past and added that she <br />is uncomfortable with this situation and feels the best thing to do is to abstain. <br />Chair Blank noted that several Commissioners have indicated some discomfort <br />with this project, which would be reflected in the record, and ten years from now <br />people who read the extensive minutes would be able to draw their own <br />conclusions. <br />Commissioner O'Connor inquired if there was anything that would prevent the <br />Commission from recommending a P zoning to Council with the non-conforming <br />use, and then let Council decide whether it wants to go with it or override it with <br />an A zoning. <br />Commissioner Fox inquired if she could make a substitute motion. <br />Ms. Harryman replied that Commissioner Fox could make a friendly amendment. <br />Commissioner Fox made a friendly amendment to the motion to <br />recommend that the land be pre-zoned to Public and Institutional. <br />Commissioner Narum did not accept the friendly amendment. <br />PLANNING COMMISSION MINUTES, July 23, 2008 Page 21 of 25 <br />