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ALUC Minutes Page 2 March 18, 2004 Chairman Bresnahan asked for assurances that developments in the area of the ALUC's concern will continue being submitted by the City. Mr. Fregoso stated that the City will continue submitting projects as required by law and by FAA requirements. Replying to the Chairman, Executive Officer Golding confirmed the ALVC's understanding that the Commission has been requiring the submittal of projects over forty feet in height. Replying to the Chairman on this issue, Mr. Fregoso deferred to the City's legal representative. Kylee Otto, Assistant City Attorney, stressed the City's desire for thirty days in which the staffs would work jointly and report back on the progress made. She noted the action was done in 1987, doubting that anyone thinks that things have changed since then and confirming the need to modernize the document. Replying further to Chairman Bresnahan, Ms. Otto confirmed that projects penetrating the FAR Part 77 Imaginary Surfaces or over 200' in height will continue coming before the ALUC. She noted that the ALUC will have the Mola project again tonight, and that the future Nexus project will also be submitted, the ALUC already having reviewed the One Broadway project. She added the City's recognition of the ALUC's importance, stressing that the three big projects in Santa Ana have been, or will be, seen by the Commission, with nothing significant to occur during the coming month. The Chairman explained the ALUC's uncertainty about the status of the City's process with those projects, and he thanked her for commenting. Commissioner O'Malley moved to continue the item for thirty days, and asked to communicate his questions on the matter directly to staff. Ms. Golding suggested email or other means to reach her, noting the first of several expected meetings with Santa Ana's staff will be at 8:30 a.m. tomorrow. Commissioner Propst asked if the ALUC is clear on the nature of submittals, while seconding the motion. Chairman Bresnahan stated his pleasure at the City's desire to work with the ALUC toward Consistency, noting the only concern as being a continuity of submittals, and asked staff if the Commission should better define, in the motion, the ALUC's expectation about submittals. Ms. Golding briefly commented, repeating staffs belief that the current submittal obligation is for the 40' criterion, while noting that the Members or Counsel may have comments on modifying that vis a vis other options. Deputy County Counsel Jack Golden opined that under the Caltrans Handbook interpretation, the ALUC still has the right to require that the City submit projects over 40'. He noted his discussions with one of the City's assistant attorneys who reads the statute differently. Observing that the Handbook fills in gaps in the statute, Mr. Golden noted that the action proposed for tonight is to apply a less stringent standard to the City, and that he would be comfortable if the ALUC were to apply either the new or the existing criterion, while the staffs work things out. 75C-176