March 21, 2018 <br />Ms. Gustafson-Lucker <br />Hearings Official <br />Capital Hill Tentative PUD (PDT 17-1) <br />Dear Ms. Gustafson-Lucker, <br />Please consider the following procedural concerns with the Eugene Planning Division <br />staff actions in regards to the "staff report" and the "record" of the proceedings. <br />1. The city staff have not conformed to the letter and intend of the statutes regarding a <br />"staff report" for a quasi-judicial proceeding. <br />ORS 197.763(4)(b) requires: <br />"Any staff report used at the hearing shall be available at least seven days prior to <br />the hearing." <br />The public hearing began at 5:30 p.m., March 7, 2018. Accordingly, the deadline for the <br />staff report and all materials "incorporated within this staff report" was 5:30 p.m., <br />February 28, 2018. <br />The staff report was attached to the Agenda for the March 7, 2018 Public Hearing. The <br />agenda, staff report and other material was posted on the city's website at under <br />"Agenda Center - Hearings Official Public Hearings." <br />https://www.eugene-or. gov/AgendaCenter/Hearings-Official-Public-Hearings-8 <br />The document was available for download as a file named: _03072018-870.pdf, which is <br />attached to this e-mail and submitted to the record. (See attached Exhibits A and B.) <br />PDF files contain internal "properties" fields that can be examined. File _03072018- <br />870.pdf was created at 6:44:51 AM on February 28, 2018. The file was modified at 5:29:31 <br />on February 28, 2018. <br />