Mr. Fred Wilson <br />September 16, 2015 <br />Page 6 <br />provided by LCOG for the draft ordinance was not the same as the 2004 <br />Diagram. The Staff Report said, at Exhibit S page 1: <br />"At the drafting of the original October 5th Agenda Cover Memo the Lane <br />County Planning Commission had yet to provide a recommendation to the Board <br />on this matter. On October 20, 2014, the Joint Planning Commissions of Eugene, <br />Springfield and Lane County held a public hearing on the proposed Metro Plan <br />Enabling Amendments. One individual, Bill Kloos, representing Environ-Metal <br />Properties, LLC, submitted testimony, which opined that the proposed Metro Plan <br />Diagram was different than the official 2004 Metro Plan Diagram. Staff verified <br />that there was an unintended discrepancy in the two plans and recommended that <br />the Joint Planning Commissions not include the proposed Plan Diagram and <br />Boundary Map in the package of amendments, which was included in the original <br />proposal. While the inclusion of these maps would have provided extra <br />clarification, they are not necessary for the amendments to move forward and are <br />not a substantive component of the proposal; therefore Legal Counsel has <br />determined that removing these maps from the ordinance will not compel an <br />additional reading on this item. The Commissions agreed with staff's <br />recommendation and all three unanimously recommend that the Joint Elected <br />Officials approve the revised enabling amendment ordinances (Lane County <br />Ordinance PA 1313, as included in Attachment 1 to this memo)." <br />In summary, this action by the three governing bodies avoided a mistake - <br />incorporating into a Metro Plan Ordinance a Diagram generated by LCOG that was <br />not true to the adopted 2004 Diagram. Once the governing bodies recognized the <br />mistake, they dumped the LCOG version of the Diagram, thus preserving the integrity <br />of the 2004 Metro Plan Diagram. <br />Any party that argues in this proceeding that the HO should use any version of the <br />plan provided in any form by LCOG is urging the HO to commit a legal error that the <br />governing bodies stopped themselves from making in 2014. <br />(d) We used the one, true, verifiable version of the Diagram that is, for certain, the <br />adopted 2004 Metro Plan Diagram - the paper copy labeled "Exhibit U from the <br />City of Eugene's adopting ordinance (Council Ordinance Number 20319) - <br />received as part of our July 2014 public records request. <br />To be sure we had the best possible copy of the 2004 Metro Plan Diagram to work <br />with, we obtained, as a public record, a copy of the original 2004 Ordinance on file <br />with the City Recorder. That was submitted as Exhibit Q. It includes the Diagram as <br />"Exhibit U to the Eugene adopting ordinance. There is no better or legally more <br />accurate copy of the adopted Metro Plan Diagram to work with. <br />(2) We have the only surveyed site plan of the subject property. <br />Laurel Ridge Record (Z 15-5) Page 53 <br />