M E M O R A N D U M 06-70

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: VAL McLAY, MAYOR PRO TEMPORE

DATE: APRIL 28, 2006

SUBJ: REQUESTING PUBLIC HEARING ON MAY 22, 2006 FOR ORDINANCE 06-12(S).

On April 24, 2006 Councilmember Stark, via City Clerk Memorandum 06-67, requested that there be a substitute Ordinance for Ordinance 06-12, to implement the recommendations of the City Planner via Staff Report PL 06-33 to the Planning Commission dated April 5, 2006 and presented to the Commission during their Regular Meeting of April 5, 2006.

Council postponed action on Ordinance 06-12 on April 10, 2006 to May 22, 2006 since that is the same day for the final action on Ordinance 06-20(A).

The recommended changes of Staff Report PL 06-33, if implemented by the Council on May 22, 2006, would necessitate an additional public hearing by the Council since this is a substantial change to the Ordinance. Therefore, in consideration of timeliness I suggest that a public hearing on a substitute be held during the May 22nd meeting and then, should Council decide to adopt the substitute the public would have had two public comment opportunities and one public testimony opportunity to speak on the Substitute.

The substitute would have to be recognized by the Council on May 22, 2006 via amendment to be adopted. The Motion for adoption of Ordinance 06-12, as postponed, is on the floor for the May 22, 2006 meeting.

RECOMMENDATION:

Advertise for and conduct a public hearing on Ordinance 06-12(S) on May 22, 2006 during the Regular City Council Meeting.

Fiscal Note: Cost of Advertising. 100.101.5227, budgeted.