1997 AGN SPC MAY 19 - Laserfiche WebLink

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Agenda Report City Council Meeting May 19, 1997 had any involvement in the preparation of the amendment. When I contacted her again on May 10, 1997, she indicated relief that the amendment had not been acted upon. Ms. Hornig also confirmed to me on May 10, 1997, that the reason she had been so vague when I spoke with her on May 6. 1997, was that she had been directed by Mr. Dave Ault of Taormina, and by the Assistant City Manager, Daryl Parrish, that she was not to discuss this matter with me. She indicated that when she first was asked to become involved in the amendment process, it had been Dave Ault who called her. He specifically asked if she would be willing to handle the matter through the City Manager's office rather than through my office. Because she was retained for this project by the City Manager's office, Ms. Hornig indicated that she would follow the direction given her by the City with regard to contact with the City Attorney's office. As that was the direction she received, she strictly avoided contact with my office on this matter. Ms. Hornig was provided a "redlined" copy of the Agreement dated March 12, 1997, including Taormina's revisions. On April 8, 1997, Ms. Hornig completed a memorandum to the Assistant City Manager, Daryl Parrish, outlining eight major areas of concern and twenty (20) matters where she believed that the City was giving up positions of advantage without any corollary consideration from Taormina. Attached is a copy of that memorandum sent to me by Ms. Hornig today for distribution to the City Council and the public. Ms. Hornig edited one section of this memorandum which she felt included attorney-client privileged comments so that the remainder could be discussed openly and so that the document may be treated as a public record. I have now reviewed Ms. Hornig's comments along with a "redlined" copy of the amended Agreement dated April 15, 1997. I have also reviewed an outline of changes that Taormina has agreed to make prepared by the Assistant City Manager. Those very limited and non -substantive changes apparently were included in the May 6, 1997 document that each of you received. It is very clear from all of this that the extensive substantive concerns expressed by Ms. Hornig have been ignored by City Staff in negotiating the amendment to the Agreement. None of the issues which she identified as being contrary to the City's interests were altered through negotiation with Taormina, nor did the City demand consideration for the various concessions that appear in the amendment. Rather, the changes originally proposed by Taormina have been fully incorporated into the amendment which the City will be considering. 2