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January 19, 2012 - Special Hearing

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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 19, 2012

10:00 AM

Special Meeting

 

COMMISSIONERS PRESENT:  Miguel, Antonini, Borden, Fong, Moore and Sugaya

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 10:15 A.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Bill Wycko, and Linda Avery – Commission Secretary.

 

A.        CLOSED SESSION:

 

1.         Public Comments on Matters to be discussed in Closed Session.

 

            SPEAKER: Linda Chapman 

 

2.         Consider Adoption of Motion on Whether to Assert the Attorney-Client Privilege Regarding the Matters Listed Below as Conference With Legal Counsel. (San Francisco Administrative Code Section 67.10(d).) 

 

ACTION:     The Commission passed a motion to assert the Attorney-Client privilege regarding the matters listed below

AYES:        Antonini, Borden, Fong, Moore, Sugaya, and Miguel

 

THE PLANNING COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING:

 

3.                                                                                                              (Kate Stacy and Tom Lakritz)

            Conference with Legal Counsel - Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d) to discuss pending litigation and consideration of settlement proposals in Pacific Polk Properties, LLC, et al. v. City and County of San Francisco, et al., San Francisco Superior Court Case No. CGC-10-501886, which was filed on July 23, 2010, and California-Nevada Annual Conference of the United Methodist Church v. City and County of San Francisco, United States District Court (N.D. Cal.) Case No. CV-11-2338 CW, which was filed on May 11, 2011; both lawsuits challenge, among other things, the Planning Commissions' June 24, 2010 failure to certify a final environmental impact report and denial of a conditional use authorization for a proposed project at 1601 Larkin Street. 

 

FOLLOWING THE CLOSED SESSION, THE PLANNING COMMISSION WILL RECONVENE IN OPEN SESSION.

 

4.         Following the Closed Session, the Planning Commission will report on any action taken during the Closed Session and will consider a motion regarding whether to disclose any part of the discussions during Closed Session.

 

ACTION:     - The Commission acted (in closed session) on a settlement proposal and voted to adopt the following motion:  The Commission will not consider rescission of the conditional use permit for 1601 Larkin Street.  The Commission would consider a new conditional use permit application that could rely on the existing environmental evaluation application, which may result in revisions to the draft EIR for changes to the project or the setting in which it is proposed.

AYES:        Antonini, Borden, Fong, Moore, and Miguel

NAYES:      Sugaya

-       In Open Public Session the Commission, by unanimous vote, passed a motion to not disclose any information from discussion that took place in Closed Session

AYES:        Antonini, Borden, Fong, Moore, Sugaya, and Miguel

 

Adjournment: 11:54 AM

 

Adopted: January 12, 2012

 
Last updated: 3/9/2012 12:00:36 PM