OPENING CEREMONIES

1. CALL MEETING TO ORDER

Mayor Millsap called the Special Council Meeting to order at 7:15 P.M.

2. ROLL CALL

COUNCIL PRESENT: Mayor Millsap, Councilmembers Carroll, Douglas and Klein

Absent: Mayor Pro Tem Bergman.

STAFF PRESENT: City Attorney Sandra Levin, City Manager Ronald Bates, Planning Technician Barbara Doppieri, Fire Marshal Ken Hill and Consultant Marc Blodgett.

3. FLAG SALUTE

Mayor Millsap led the flag salute.

0:01:15

PUBLIC HEARING

4. LHH MUNICIPAL CODE ARTICLES 7, 8 AND 9

Development Code and Zoning Ordinance, Administrative Procedure and Subdivision.

Mayor Millsap opened the Public Hearing.

City Manager Bates noted the meeting had been properly noticed and the Council has all of the written communication received regarding the Public Hearing. Mr. Bates gave the staff report and noted the main issues that might be noted by the Council in Article 7. Stated this should be simpler and clearer. The Fire Marshall will speak about dry hydrants and vinyl windows.

RECOMMENDATION: That City Council hold a public hearing for Articles 7, 8 and 9, and after review, comment and changes, direct staff to finalize the Articles for subsequent Council action.

Mayor Millsap opened the meeting for public comment.

Stephen Blagden, noted that he would prefer Public Comments at the beginning rather than the end of the meeting. He spoke about implementing the new General Plan; the protection of view is important; spoke on table 7-12 on page 7-78 on setbacks and supplied a revision of setback limitations; spoke about V. on page 7-51; this section should be changed to the proper net size required for a lot; he made a list of additional code language suggestions.

Clifton Simonson, President of BSI, spoke about 7.14.40 V, noting that this is too restrictive and does not accomplish the intent. He was concerned how this affects site 12. He suggested that the Council reject this provision and proposed Zoning Ordinance.

Brian Leroy, Land Use Attorney, noted a concern with the zone change from “RA” with an exception for oil drilling, to “Open Space-Resource Production” which actually encourages the owner to expand the oil production on the lot. The other concern is the minimum requirement of 5 acres. He has found no other city with such a large requirement. He stated this is counter-productive and unnecessary.

Mayor Millsap closed the public comment and brought it back to the Council for discussion.

0:20:15

Councilmember Carroll suggested the Council put off consideration of Article 7 until the Planning Commission receives the redline version of their changes.

City Attorney Levin explained that the Article 7 that the Council has contains all of the changes the Planning Commission made. They will get their redline copy and adopt a Resolution that approves the Article to send it on to the Council. This will be on September 12, and if any correction is missing they will let us know.

The Council discussed the issue.

The consensus of the Council was to do Article 8 first and then go to Article 7.

The City Council considered Article 8.

0:35:40

The Council discussed how many Councilmembers it takes to request a “call for review”.

The Council discussed which mailings should be sent “certified”.

The Council considered Article 9.

1:51:21

Staff noted items that the Planning Commission had changed when going through Article 9.

The Council discussed Item 6 on page 9-13 under Data and Reports needs to go with the Tentative Map.

Staff noted that Item 9, page 9-12 was added by the Planning Commission concerning staking the existing and proposed parcels.

CDD Powers stated that it was suggested that they be staked in different colors.

City Attorney Levin explained the protection provided by a “Vesting Tentative Map”.

Stephen Blagden, mentioned changes made on Article 9 by the Planning Commission; also noted clarification and corrections that should be made on Article 8; on page 5, easements should be mentioned; 8.2.40 should say business days; 8.2.60 B and C sound the same but have two different time extensions; “substantial performance” should have a number definition; land use entitlement should be recorded; calls for review should be allowed by one member and should also be able to “call for review” of pending applications from the monthly planning report.

2:46:57

The City Council considered Article 7.

Councilmember Klein noted that he would like staff to bring information on why the General Plan in 2004 was changed to include an Open Space-Resource Production Zone and he would like some comparison of changes made against the present code.

The consensus of the Council was to consider Article 7 at their next meeting.

Mayor Millsap closed the Public Hearing.

PUBLIC COMMENTS

Stephen Blagden, noted that some of the comments on Article 8 were corrections for consistency and he asked the Council to study his comments on Article 7. He mentioned that the comparison Councilmember Klein asked for would be hard to make; he was in favor of the five acres for the Open Space-Resource Production Zone.

George Lamas (Edwardz), Fullerton Road, asked why the dry hydrant was removed from the Fire Suppression Measures. He requested that it be kept there.

CITY COUNCIL COMMENTS

ADJOURNMENT

Mayor Millsap adjourned the August 24, 2006 Special City Council Meeting at 10:15 P.M.

ATTEST:

_______________________________

RONALD BATES, CITY CLERK