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SB 371, which is perhaps the most comprehensive, talks more about an overall intent and anticipation of future work than actual specifics. It discusses addressing exemptions for infill, smart development, reliance on previously approved CEQA documents, all themes that currently exist within CEQA. The current understanding is that it would include proposals to be more explicit in the intent to review certain court procedures tied to the challenging of CEQA documents and the exploration of certain existing thresholds. SB 617 was drafted in direct response to recent court cases which argued that CEQA documents should evaluate the impact of the project on the environment and not necessarily those of the environment on the project. Historically the City has addressed both but these recent cases suggest there could be a change on the horizon. AB 515 proposes the creation of a special division of the courts to handle CEQA related cases and speaks to recent discussion on the fact that sometimes these cases go before judges who lack the relevant background. Mr. Dolan reiterated that the letter is general in nature but does capture some of the themes identified in these proposed bills. Mayor Thorne reminded everyone that he made the original request to agendize the item. He said the letter captures his intent, which was to give support to the fundamental request that CEQA be modernized, fairly well. He explained that this desire ties largely to wanting to see meaningful reform that prohibits the misuse of CEQA as a tool to delay projects for reasons that are not related to environmental protection. Vice-Mayor Cook-Kallio said she agreed with the need for reform and that CEQA is sometimes used as a negotiating tool inappropriately. She wanted to ensure however that someone with a legitimate concern for the environment would still have the means or process through which bring such a challenge. She said she had particular concern over the last bullet point, which seems to suggest that there would be no ability to challenge anything under any circumstances or in any form. Mr. Fialho said staff could clarify the point to acknowledge that it does not limit the ability to bring legitimate and appropriate challenge to the attributes of a project if they have not been fully vetted. Mr. Lowell concurred and said staff could make such modification before issuing the letter if the Council to approve the item. Mayor Thorne and Vice-Mayor Cook-Kallio indicated their agreement. Councilmember Brown agreed with the Vice Mayor regarding the last bullet point and said she specifically disliked the use of"any" and "all." She asked if staff could return with its amendments at the next meeting. Mayor Thorne said he would prefer to direct staff to make the changes, as directed. MOTION: It was m/s by Cook-Kallio/Brown authorizing the Mayor to author a letter in support of California Environmental Quality Act (CEQA) reform, as amended. Motion carried by the following vote: Ayes: Councilmembers Brown, Cook-Kallio, Mayor Thorne Noes: None Absent: Councilmember Pentin, One Vacancy City Council Minutes Page 11 of 13 March 19, 2013