PC 07/16/99 - Laserfiche WebLink

Chairperson Kumaran stated that he believes it is still the right thing to deny the certification of the EIR because of the timing and that it is better to do the study now in light of the information that has been brought forward. He also noted that with regard to litigation, a problem is best dealt with when it is recognized. He advised that the traffic model is still an issue. He stated that the Commission's goal should be to find out to the best of what can be found out from experts, and then be able to rule on whether the EIR is certifiable. Commissioner Maas stated that she believes the Commission should try to mitigate and take control of the situation. She noted that the task of the EIR is to disclose the impacts and the affects of the project and she believes it has done that. The Commission should review the mitigations and determine if they are reasonable and will handle what needs to be handled, and if not, the Commission needs to control the issue and mitigate it appropriately. She stated that she believes the EIR does address the traffic, the energy, and the flood control measures adequately and that she feels the Commission has made some movement with Issue #27 regarding the agreement to where if there is a problem in the future further mitigation is possible. She noted that she is confident that the Commission can certify the EIR as it is presented, with the addition of a clause requiring subsequent study relating to the contaminated soil, with ample public input, and condition the project with the date of when the inspection should take place and when it should be concluded. Commissioner Kameny stated that he is agreement with the statements made by Commissioner Maas. He indicated that he has problems with the traffic and some of the visual aspects, but he feels these relate to the project, not the EIR. He noted that he believes the EIR addressed the issues. He advised that he would not be in favor of Commissioner Sullivan's motion to deny the EIR, he would be in favor of approving the EIR with a second stage comprehensive study being done prior to any other project approvals coming before the Commission. Commissioner Roberts stated that she has no doubt that the study will take place under the preliminary endangerment assessment; however, she does not understand how San Francisco can proceed considering the public relations nightmare this has become. She stated that the longer they wait, the more misinformation is being distributed, and the more citizens will become "semi-panicked." She indicated that she thinks the public wants the testing to be done now and for the sake of the community and the public relations for San Francisco, she would not be in favor of certifying the EIR. She noted that she wants the traffic issues and other issues raised by the Commission to be allowed to be covered in the specific project approvals; currently, this procedure would be disallowed by the Development Agreement. Chairperson Kumaran called for a vote on the motion before the Commission finding that the Final EIR is not complete and adequate and that the Final EIR not be certified. ROLL CALL VOTE AYES: Commissioners Roberts and Sullivan, and Chairperson Kumaran NOES: Commissioners Kameny and Maas ABSENT: None ABSTAIN: None PLANNING COMMISSION MINUTES Page 10 July 16, 1999