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The Mayor opened the item for public comment. Allen Roberts stated that over 18,000 votes were received in the community for Measure PP and housing units and structures should not be located on slopes larger than 25%. The City Council agreed on both of these points at their November 17, 2015 meeting, however, he believed that the developer tried to include building on certain slopes in the approval, and the Council was focused on other issues. The developer now faces a potential referendum and lawsuit. Mr. Roberts stated that it would be better for the community to give the citizens more time to review the project, thereby lowering the potential for a referendum or lawsuit. John Bauer stated that Planning Commissioner Nagler affirmed that the duty of the Planning Commission is to review projects with full due diligence so that any action by the City Council can be defensible. He believe the Council ignored the direction provided by the City Attorney and Stewart Flashman and that further due diligence must be conducted, especially on the Lund Ranch proposal. The primary opposition is to building a road which crosses a twenty-five (25%) percent grade. He suggested involving the Sycamore Heights Homeowners Association so they and the community could find an appropriate solution. Kay Ayala stated Measure PP is very clear that houses are prohibited on twenty-five (25%) percent slopes or within 100 feet of a ridge. The Planned Unit Development will violate Measure PP unless they remove lots thirty-four (34) through thirty-seven (37) or thirty-eight (38). Lot thirty-two (32) also must be eliminated or relocated and moved to the end of the court below it to comply with the one hundred (100) foot ridge line. The intent of Measure PP did not include identifying roads as structures. By eliminating houses that are prohibited, the project will be then be in compliance with Measure PP. In closing, she also stated that Sunset Creek was originally determined to take the majority of the acess for this project. Amy Lofland stated that she is aware of a letter submitted by Allen Roberts to the City. She inquired whether homes must be eliminated in order not to be in violation, how many in Ventana Hills and Mission Park, and whether the emergency vehicles would access between lots twelve (12) and forty- two (42). At this time twelve (12) homes would exit Lund, however if fifteen (15) homes could exit from Middle Home Place and twelve (12) from Lund Ranch, this would bring the project closer to staff's recommendation. Angela Ramirez Holmes representing the applicant, stated there are no new issues as these matters were previously vetted before the City Council. The applicant takes a different interpretation then Mr. Roberts The developer did additional work on tree slope area, which is now proposed as open space. She took exception that there is a perception that the developer "pulled one over" on the Council. The developer reordered lots to make them smalelr to accommodate the Council's area of concern. They also wanted lot 32 to comply with Measure PP. The applicant requested that Council affirm their original decision to vote "Yes" on this item, noting that the arborist and City-approved consultant also agreed with the approval of the project. In closing she stated that the olive trees were planted before the barn was built and they provided eighty-five (85) feet to access that area. Noting there were no further public speakers on this item, the Mayor closed public comment. The City Attorney stated that any substantive changes to the proposed ordinance would require that the ordinance be reintroduced with the changes and brought back for final consideration and adoption no sooner than five (5) days from the reintroduction at either a regular or adjourned regular meeting. Mayor Thorne will be in Washington, DC to seek money for Highway 84 and inquired if the meeting could be adjourned to February. It was affirmed by staff that the City Council could hold a January 5, 2016 meeting in order to considert and adopt the reintroduced ordinance. City Council Minutes Page 12 of 15 December 15, 2015