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question whether or not the zoning is consistent with the Specific Plan. The Government Code requires that the Tentative map be consistent with zoning, and that zoning be consistent with the Specific Plan. If you were to find that sufficient facts existed, from which you conclude that the zoning is not consistent with the Specific Plan, then the entitlements all fall. Because the Specific Plan supersedes. If the zoning is inconsistent with the Specific Plan, then the Architectural Permit which is issued consistent with the zoning, is inappropriate or improvidently granted, then you have essentially an invalid zoning and a Tentative Map with respect to which no rights could vest. That's the legal argument, or the legal conclusion that would follow from the inconsistency. But that has to be based on a factual determination." At II :45 p.m., MIS: RUSKIN/CLAIRE TO EXTEND THE MEETING TO MIDNIGHT. CARRIED BY UNANIMOUS VOICE VOTE. MINUTE ORDER NO. 97-222 Couneilman Claire said, "The Specific Plan has been in place for quite some time, 1992/93. And it went through all the proper, legal processes, notification, etc., etc., from my non-legal point of view, that Specific Plan is there. And it would seem very difficult to defend a situation that would suggest the Specific Plan was inconsistent." City Attorney Sehrieker said, "Those are appropriate considerations with respect to making a determination as to whether it is valid." In response to Couneilman Ira's questions regarding what was needed to make that determination, City Attorney Schricker said, "The only thing you can legally do tonight would be to introduce as an urgency measure, a moratorium. That puts a brief halt to the process which one result of that would be to allow you to ask further questions to determine whether or not there is consistency. As a result of imposing a moratorium, then all entitlements would be frozen for a short period of time. What you would have to do beyond that, would be, these are property rights we are talking about, and they are protected, Constitutionally, so you would have to have under due process provisions, to hold public hearings with respect to the question of whether or not zoning should be changed, whether or not the Specific Plan should be amended, whether or not the Architectural Permit should be re-issued or re-visited, and so forth.... You cannot touch those tonight. Only after an appropriate hearing process could those revisions be made. And in that process you could then make a determination. The first determination would have to be, whether or not there is consistency between the zoning and the Specific Plan." Couneilman Leipzig said, "If I could find the person or the persons who is responsible for putting us in this position tonight, I would fire him. I mean that. I'm up here. I'm exhausted. I've worked all day as you have. It's near midnight. This is ridiculous. I don't know what my colleagues feel, how they fell, I'm not sure how I feel, other than anger, quite frankly. I don't know if it was a mistake. Something is wrong here. I would like to make a motion for a 45-day stay, if that is correct terminology... to see if the Specific Plan and the zoning are consistent. Because I don't believe they are from what REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 NOVEMBER 17,1997 MINUTES Page No. 064 PAGE 33