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02-13, and City Council Resolution No. 2013-043 as well as any and all previously adopted <br /> Project approvals and findings; and <br /> WHEREAS,the City Council, acting as the governing body of the City of San Leandro, <br /> shall exercise its police power over its subordinate boards and commissions,to take all actions in <br /> the best interests of the City, and as ordered by a State Court having jurisdiction over the City. <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of <br /> San Leandro: <br /> 1. Through the exercise of its police power, in compliance with the peremptory writ <br /> of mandate issued by the Alameda County Superior Court, sets aside and vacates: <br /> a. Board of Zoning Adjustments Resolution No. 01-13 adopting the Mitigated <br /> Negative Declaration and Mitigation Monitoring Program Project for the Halus Power Systems <br /> Wind Turbine project pursuant to the California Environmental Quality Act("CEQA"); and <br /> b. Board of Zoning Adjustments Resolution No. 02-13 approving a height variance <br /> for the Project pursuant to the City of San Leandro's Zoning Code; and <br /> c. City Council Resolution No. 2013-043 affirming the Board of Zoning <br /> Adjustments' decision to adopt the Mitigated Negative Declaration and Mitigation Monitoring <br /> Program Project and approve a height variance. <br /> 2. In compliance with the peremptory writ of mandate issued by the Alameda <br /> County Superior Court, hereby prohibits Halus from undertaking any construction of the <br /> "Project" or any activity pursuant to or in reliance on the vacated"Project" approvals (BZA <br /> Resolution Nos. 01-13, 02-13, and City Council Resolution No. 2013-043)unless and until the <br /> City fully complies with CEQA as set forth in the Judgment and Statement of Decision. <br /> 3. Directs the City Attorney to file a return to the peremptory writ of mandate issued <br /> by the Alameda County Superior Court, demonstrating the City's compliance with the writ. <br /> Introduced by Councilmember Cutter and passed and adopted this 16th day of June, <br /> 2014, by the following vote: <br /> Members of the Council: <br /> AYES: Councilmembers Cutter, Gregory, Prola, Reed, Souza; Mayor Cassidy (6) <br /> NOES: None (0) <br /> RECUSED: Councilmember Lee (1) <br /> ABSENT: None (0) <br /> ATTEST: /v (Ci <br /> Marian Handa, City Clerk <br /> RESOLUTION NO.2014-064 2 <br />