2014-03-04 Regular Council Meeting Minutes (20140318) FINAL

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Development Services Director Mark Tomich provided a PowerPoint presentation and summarized the information in the staff report regarding the history of the Planning Commission's decision to deny the Conditional Use Permit (CUP) for the Largo Concrete project. PUBLIC COMMENT The following community members addressed the Council: Madison Warner, Dr. Luis Gonzalez, Danny Morales, Eufemia Reyes, Mariano Aguila, Amador Roman, Ericka Flores, Susan Negrete, Rachel Warner, Christine Irish -Re, and John Anaya, Sr. Largo Representatives/Legal Counsel Andreas Weaver, Largo, Inc.; Megan Garibaldi, Rutan & Tucker; Dr. Arek Balci, property owner; Ken Long, Largo, Inc. At 7:15 p.m., Mayor Zamora adjourned the regular meeting for a brief recess and at 7:31 p.m., the meeting reconvened with all members present as heretofore. Mayor Zamora asked the Council if they would consider continuing the Public Hearings, Item Nos. 9 and 10, to the next regular Council meeting. Mayor Zamora stated that she is feeling ill and that Council Member Oliva is also feeling sick. Mayor Zamora also stated that she would like to be able to participate and asked if the Council would support her request. She apologized and asked to be excused from the remainder of this meeting. CM Bennett expressed concern regarding this request and reminded the Council that there is an audience present that came out to give their testimony. She also stated that the City Clerk would need to republish the hearings. City Attorney Talley stated that if the hearing is not closed and the matter is continued to a date certain, then there is no need to renotice the hearing. She also stated that all of the testimonies presented are part of the administrative record so there is no need for these members to return to the continued hearing. There was discussion regarding this process and City Attorney Talley informed the Council that they can close the public hearing and continue the matter to a date certain and that there will be no further evidence or testimony. She continued to explain the options regarding the continued hearing and advised the Council that it would be appropriate to take action by motion and to be clear on the date that this matter is to be continued and whether or not the hearing is open or closed. CM Gonzales explained that there should be a full Council and that two weeks would be too long to adjourn this meeting and continue the public hearing. He asked if we could have a special meeting next week and continue the public hearing since testimony was already given. CM Oliva asked City Attorney Talley if the hearing could be heard at a special meeting and Mrs. Talley explained that the hearing could be continued to an adjourned meeting. There was discussion regarding setting a date for an adjourned meeting to continue the hearing. CM Toro stated that he was sorry that the Mayor and CM Oliva are sick, but he previously stated that he did not want to continue this meeting and that this is the third time this item has been continued. He also stated that he read the staff reports, heard the audience and the applicant and although he still had a few questions, he was ready to move forward. iAlClu&\:Zlt7:[KKN6Y:\tUl:\Lflll:\LNC Y:1(y:►:f�R1 EY YH[�!