Professional Documents
Culture Documents
2,
2010
Ron
Miguel,
President
Planning
Commission
1650
Mission
Street
4th
floor
San
Francisco
CA
94103
RE:
2007.0946
Candlestick
Point
-‐
Hunters
Point
Shipyard
Phase
2
Hearing
June
3,
2010
Dear
President
Miguel:
The
following
organizations
hereby
challenge
the
ability
of
Commissioner
Michael
Antonini
to
render
an
impartial
decision
on
actions
related
to
the
proposed
Candlestick
Point-‐Hunters
Point
Shipyard
Phase
2
project
(“the
project”).
Because
of
significant
adverse
impacts
from
the
project,
which
includes
as
a
main
component
construction
of
a
new
football
stadium
for
the
San
Francisco
49ers,
this
includes
a
SPECIFIC
challenge
to
Commissioner
Antonini’s
ability
to
render
an
impartial
decision
on
the
Certification
of
the
Final
Environmental
Impact
Report
(item
1)
and
Adoption
of
environmental
findings
and
a
statement
of
overriding
considerations
(item
2).
This
challenge
is
made
by:
Arthur
Feinstein,
Sierra
Club,
San
Francisco
Group
Mike
Lynes,
Golden
Gate
Audubon
Society
Jennifer
Clary,
San
Francisco
Tomorrow
Jaron
Browne,
People
Organized
to
Win
Employment
Rights
(POWER)
That
challenge
was
previously
set
out
in
DEIR
comments
submitted
on
December
21,
2009
(Vol
VII,
Comment
Letter
#9,
C&R-‐221)
and
on
January
12,
2010
(Vol.
VIII,
Comment
Letter
#50,
C&R-‐825).
This
letter
hereby
restates
that
challenge.
Commissioner
Antonini
has
clearly
prejudged
the
proposed
project
and
become
a
strong
advocate
for
locating
a
football
stadium
for
the
49ers
at
the
Hunters
Point
site
as
part
of
THIS
project.
He
has
publicly
urged
others
to
support
that
stadium
and
cannot
impartially
review
the
record
before
him
to
determine
whether
the
EIR
is
adequate,
accurate
and
objective
and
whether
adequate
measures
are
required
to
protect
the
environment.
Commissioner
Antonini
signed
an
op-‐ed
article
supporting
construction
of
the
stadium
as
part
of
the
project
AS
PLANNING
COMMISSIONER
FOR
THE
CITY
AND
COUNTY
OF
SAN
FRANCISCO.
(He
could
have
chosen
to
sign
it
as
a
Member
of
the
Republican
County
Central
Committee,
but
instead
identified
himself
in
the
capacity
where
the
law
requires
him
to
act
impartially
-‐
as
a
Planning
Commissioner.)
June
2,
2010
-‐
page
2
Project
Advocacy
by
Commissioner
Antonini
The
Planning
Commission’s
sole
hearing
on
the
Draft
Environmental
Impact
Report
for
the
project
was
on
December
17,
2009.
Before
the
Commission
heard
one
word
of
public
testimony
on
the
adequacy
of
that
EIR,
Mr.
Antonini
had
drafted
and
submitted
an
op-‐ed
article
to
the
San
Francisco
Business
Times
urging
the
business
community
to
support
construction
of
that
stadium.
That
article
ran
the
morning
after
the
hearing
on
the
DEIR.
It
is
in
the
Project
EIR
at
Comments
and
Responses
Vol.
VII,
Comment
9,
C&R
221.
A
copy
of
the
text
is
also
attached
as
Exhibit
A
to
this
letter.
CEQA
requires
objective
decision-‐makers
CEQA
policies
include
-‐
An
EIR
should
demonstrate
to
an
apprehensive
citizenry
that
the
agency
has,
in
fact,
analyzed
and
considered
the
ecological
implications
of
its
actions.
(People
ex
rel.
Department
of
Public
Works
v.
Bosio,
47
Cal.App.3d
495.)
The
purpose
of
CEQA
is
not
to
generate
paper,
but
to
compel
government
at
all
levels
to
make
decisions
with
environmental
consequences
in
mind.
(Bozung
v.
LAFCO,
13
Cal
3d
263)
CEQA
Regs
15003.
Obligation
of
Commissioners
to
review
an
EIR
-‐
Decision-‐makers
SHALL
consider
a
final
EIR
before
granting
any
approval
of
a
project.
CEQA
Regs
15004.
Obligation
to
avoid
environmental
damage
-‐
CEQA
establishes
a
DUTY
for
public
agencies
to
avoid
or
minimize
environmental
damage
where
feasible.
A
public
agency
should
not
approve
a
project
as
proposed
if
there
are
feasible
alternatives
or
mitigation
measures
available
that
would
substantially
lessen
any
significant
effects
that
the
proposed
project
would
have
on
the
environment.
CEQA
Regs
15021.
Procedural
due
process
requires
that
a
hearing
be
conducted
before
a
reasonably
imparial,
non-‐
involved
reviewer.
Nasha
L.L.C.
v
City
of
Los
Angeles
(2004)
125
CA4th
470,
483.
It
demands
an
appearance
of
fairness
and
the
absence
of
even
a
probability
of
outside
influence
on
the
adjudication.
Nightlife
Partners
Ltd.
V
City
of
Beverly
Hills
(2003)
108
CA4th
81,
90.
Yosemite
Slough
bridge
and
proposed
football
stadium
at
Hunter
Point
Shipyard
The
project
analyzed
in
the
EIR
includes
a
football
stadium
at
the
Hunters
Point
Shipyard
and
a
bridge
across
Yosemite
Slough
that
has
as
a
central
purpose
carrying
substantial
auto
traffic
to
serve
that
stadium.
Many
public
comments,
including
those
by
challenging
organizations,
questioned
the
environmental
impacts
of
that
bridge,
asked
for
alternatives
that
removed
the
bridge
from
the
Plan
and/or
that
the
stadium
construction
be
eliminated
from
the
plan
because
the
49ers
are
working
to
build
a
new
stadium
in
Santa
Clara.
The
Responses
to
Comments
have
grossly
insufficient
responses
to
June
2,
2010
-‐
page
3
these
issues.
Those
responses
are
being
challenged
by
complainants
and
many
other
who
commented.
This
will
be
a
main
issue
raised
at
the
June
3
hearing.
The
sufficiency
of
the
Responses
and
whether
modifications
are
required
to
avoid
environmental
harm
by
removing
the
bridge
over
Yosemite
Slough
are
key
issues
on
which
Commissioners
will
have
to
consider
and
decide.
The
project
before
the
Commission
is
extremely
complex
and
has
a
massive
record,
including
an
environmental
record
nearly
9,000
pages
long.
The
public
is
entitled
to
review
by
Commissioners
who
approach
their
decisions
with
an
open
mind
so
that
the
public
may
receive
a
fair
hearing.
Under
Code
of
Civil
Procedure
1094.5
agency
decision
makers
are
bound
to
exercise
their
powers
with
disinterested
skill,
zeal
and
diligence
for
the
benefit
of
the
public.
A
Commissioner
should
not
be
so
biased
in
favor
of
the
project
that
he
cannot
meet
his
obligation
to
weigh
the
adverse
impacts
of
the
project
to
determine
whether
another
alternative
or
modifications
that
do
not
involve
Yosemite
Slough
would
cause
less
environmental
harm.
Here
Commissioner
Antonini
does
not
merely
have
a
PRIVATE
position
supporting
construction
of
the
stadium
and
the
bridge
through
the
slough,
he
has
publicly
solicited
members
of
the
business
community
to
JOIN
HIM
IN
DOING
SO.
That
advocacy
was
compounded
by
his
argument
in
EIR
comments
that
the
bridge
over
Yosemite
Slough
should
be
EXPANDED
-‐
both
in
terms
of
hours
of
usage,
but
also
in
widening
the
approach
to
the
Yosemite
Slough
bridge
-‐
to
better
serve
the
stadium.
(C&R
Vol.
VII,
Comment
33,
C&R
57)
The
impacts
of
that
bridge
are
controversial
as
to
the
impacts
on
wildlife,
on
special
aquatic
sites
(mud
flats
and
wetlands)
and
on
the
health
of
the
Bay.
The
focus
of
a
Commissioner
in
reviewing
the
EIR
is
supposed
to
be
AVOIDING
environmental
harm
NOT
expanding
that
harm.
Planning
Commission
hearing
on
the
EIR
was
one
week
before
Christmas
and
the
deadline
fore
written
comments
was
set
o
be
December
28,
the
Monday
after
the
Christmas
holiday.
When
multiple
public
requests
were
made
to
extend
comments
a
few
weeks
because
of
difficulty
preparing
testimony
on
such
a
complex
DEIR,
Commissioner
Antonini
UNIQUELY
wanted
to
REDUCE
the
comment
period.
Questions
challenging
Commissioner
Antonini’s
ability
to
impartially
review
this
project
and
its
EIR
were
raised
early
in
POWER’s
submission
of
a
copy
of
the
Business
Times
article
(C&R
p.
819).
POWER
stated
that
he
has
prejudged
the
project
and
its
EIR
and
was
an
advocate
for
the
project
which
includes
a
football
stadium
and
could
not
impartially
evaluate
alternatives
which
do
not
include
a
football
stadium.
The
public
and
the
environment
are
entitled
to
have
decisions
made
by
persons
who
evaluate
the
environmental
document
BEFORE
making
their
decision
on
the
merits
of
a
project.
Whether
an
alternative
is
environmentally
preferable.
Whether
modifications
should
be
made
to
the
project
to
avoid
harm.
Whether
proposed
mitigations
are
sufficient.
June
2,
2010
-‐
page
4
The
public
will
not
get
an
impartial
hearing
that
meets
the
standards
of
CEQA
for
decision-‐makers,
nor
one
which
meets
standards
under
CCP
1094.5
if
Commissioner
Antonini
is
permitted
to
participate
in
Planning
Commission
decisions
determining
the
adequacy,
accuracy
and
objectivity
of
the
EIR,
of
CEQA
Findings
and
on
the
project
itself.
CEQA
requires
that
Commissioner
Michael
Antonini
be
recused
from
voting
on
this
project.
Respectfully
submitted,
Sue
C.
Hestor
on
behalf
of
Sierra
Club,
San
Francisco
Group
Golden
Gate
Audubon
Society
San
Francisco
Tomorrow
People
Organized
to
Win
Employment
Rights
(POWER)
Attachment
SF
Business
Times
op
ed,
December
18,
2009
Cc:
Commissioner
Michael
Antonini
Linda
Avery,
Commission
Secretary
John
Rahaim,
Planning
Director
Kate
Stacy,
Deputy
City
Attorney
Members
of
the
Planning
Commission
Christina
Olague
Gwyneth
Borden
Bill
Lee
Kathrin
Moore
Bill
Sugaya
Mayor
Gavin
Newsom
Arthur
Feinstein.
Sierra
Club,
San
Francisco
Group
Mike
Lynes,
Golden
Gate
Audubon
Society
Jennifer
Clary,
San
Francisco
Tomorrow
Jaron
Browne,
People
Organized
to
Win
Employment
Rights