From:Susan Hoffman <br />To:GIOELLO Nick R <br />Cc:Tom Bruno; WOSTMANN Jan (SMTP); Kathleen and Mike Masterson; Nate Teich; Cathy Johnson; C. W. <br />Murchison; Susan Hoffman; Stan Dura <br />Subject:Re: CHPUD (PDT 17-1) - Notice of Future Action regarding LUBA Remand of Planning Commission Approval <br />Date:Wednesday, May 22, 2019 3:01:18 PM <br />Nick. Thank you for your response. Please enter this email string in the record for <br />Capital Hill PUD (PDT 17-1) and confirm that it is in the record by return email. Thank <br />you. <br />On Wednesday, May 22, 2019, 2:40:29 PM PDT, GIOELLO Nick R <NGioello@eugene-or.gov> wrote: <br />Hello Susan, <br />My response are below. I suggest that you leave the Planning Commission off of these types of emails <br />because it creates an ex parte contact with Planning Commission members , and will have to be <br />declared during deliberation: <br />1) The applicant has not submitted anything for the record at this time. The <br />applicant is required to submit any new evidence and testimony during the first open record <br />period. The notice/mailing list and the applicant’s request to start the remand process have <br />now been posted to the website. <br />2) The Planning Commission will hold public meeting(s) for deliberation. I <br />apologize for referencing these as public hearings which gave you the impression it would be <br />similar to the meeting that occurred before the Hearings Official. This is my first Remand and <br />I’ve had to ask a lot of questions of senior staff to understand this process. <br /> <br />Since this is a limited issue with a narrow scope related to compliance with the geotechnical <br />requirements of our code, it was decided by the City to open the record for additional written <br />testimony and evidence, and then for the Planning Commission to deliberate on that <br />information. The Neighborhood Response Committee, public and applicant will be able to <br />submit written testimony/new evidence during the first open record period. <br /> <br />The first open record period is also when the applicant will be able to submit a new <br />geotechnical report. During the second open record period, the Neighborhood Response <br />Committee, public and applicant will be able to respond to anything submitted during the first <br />open record period. The third open record period is for the applicant’s final rebuttal only. Staff <br />will submit a staff report after the close of record that goes over the materials submitted <br />during the entire open record. It is possible there could be two (or more meetings) <br />for Planning Commission to deliberate, it is up to the Commission to decide that. Staff will <br />likely give a brief presentation based on the staff report during the first meeting. <br />