040405 Jt PH Cond Use, Develpo Agmt, Zoning, etc.-Geneva Commons Proj 200 E. First American Way

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Mr. Jack W. Golden September 16, 2004 Page 3 of 20 meeting, I expressed concern about the imminent expiration of the 60 -day determination period under which ALUC must act on the City's application. ° i 13. On June 23, 2004, I informed you during a telephone conversation of all of the above information. You informed me that if the City was going to enforce the 60- day rule then ALUC would instead hold a special meeting and, in that case, the AEE would likely be found inconsistent. 14. Despite this discouraging information, City staff continued to address amendments ALUC was requesting in order to obtain a positive staff recommendation. In fact, the City continued making requested changes up to immediately prior to the special meeting. In order to facilitate the Commission's review of the proposed 2004 AEE, City staff also prepared a redlined version of the AEE incorporating ALUC staff s comments.5 15. On July 12, 2004, the ALUC convened a special meeting. At that meeting, the ALUC expressed displeasure with the redlined submittal, even though the changes were minor and were made solely to satisfy ALUC staff. Unfortunately, ALUC staff chose not to explain its role, and allowed the Commission to act under the mistaken belief that this redline version was a new, last minute City - generated submittal. Despite these misunderstanding, the City was told we were close, but that staff wanted an opportunity to review the language to make sure their concerns were captured by the added language. 16. Since the jurisdictional 60 day period was about to expire, and in the face of a negative staff recommendation on the May 13, 2004 submittal, the City withdrew the May 13, 2004 AEE submittal and resubmitted the redlined version of the AEE incorporating the ALUC staff s changes. The City was informed we would meet with ALUC staff in late July, which would allow the ALUC staff report to be finalized the first week of August. 17. On August 3, 2004, Mr. John Leyerle called Mr. Trevino to set up a meeting for the following day with ALUC staff and City Staff. City Staff and I cleared our calendars to accommodate the meeting. 18. On August 4, 2004, at around 12:00 p.m. Mr. John Leyerle called Mr. Trevino to cancel the afternoon meeting allegedly at yollr request. Now, for the first time, 84 There was still time under the Brown Act to add this item to the June Agenda, but ALUC staff chose not to do so because the agenda was already "full." Also, the City could have simply kept quiet so as to let the 60- day determination period expire and thus become a consistent agency. The City chose not to do so. 5 It should be noted that the City does not believe any of these minor edits were necessary for a finding of "consistency" by ALUC (the definition of the word "consistency" is discussed below), but in an effort to cooperate with the ALUC and its staff, these minor edits were made to the AEE.