Post #435998 by tikibars on Mon, Feb 23, 2009 8:21 PM

Forwarded to me today:

"Dear Historic Nob Hill Neighbors,

Please find below notes from the meeting with attorney Susan Brandt-Hawley, attended by thirty people. Our newly proposed organization (Historic Nob Hill or HNH) is determined have influence with the development of Fairmont Hotel. We have raised $1,855 and now have a small attorney client trust fund that can be applied toward future efforts to address our collective concerns.

We thank below all the generous contributors who were present and those that were unable to attend.

[list of names]

We are currently reaching out to an existing a state historic organization, so we potentially could donate, setting up an exclusive fund to further our efforts and have tax deductible contributions.

For those of you that are interested in the Tonga Room Demoliton or Tiki Themed bars please visit: http://www.tikicentral.com/viewtopic.php?mode=viewtopic&topic=30385&forum=1&start=45

Fairmont Project

Summary of Meeting of February1 8, 2009

Comments from

Susan Brandt –Hawley, Ca Environmental Quality Act (CEQA) Attorney

I. CEQA and the Environmental Impact Report (EIR)
Substantive as well as procedural.
Opportunity to look at alternative projects, study impacts on traffic, historic resources etc.
Opportunity to look at least possible environmental impact
Before EIR is certified, all environmental impacts must be mitigated, or developer must prove “overriding considerations”

II. Fairmont Project
Do not be intimidated by the Fairmont name and finances.
Courts are clear, they have no as of right to build the project as proposed.
City may ultimately adopt one of the proposed alternates
However city will want to accommodate the Fairmont

III. CEQA Procedure

Step 1 Scoping
Opportunity to define the scope of the EIR
Good time to propose alternatives

Step 2 Issue Draft EIR (DEIR)
Prepared by developer, based on Step I Scoping input, as well as proposed project

Step 3 DEIR Comment Period
45-60 day written comment period
(Because Fairmont must respond to each, letter format should be short, numbered questions.)
Public Hearings at the Planning Commission & Historic Preservation Commission

Step 4 Final EIR (FEIR)
All written and verbal comments from Step 3 must be responded to in the FEIR
Commission votes whether to certify the EIR/grant Conditional Use authorization
Decision can be appealed to the Board of Supervisors (BOS)
CEQA law is clear; we have the right to go to an elected body in seeking mitigation

Step 5 Legal Challenge
Hope for the best, but prepare for the worst
Communicate in writing and keep all records as basis for legal action
Fairmont must look at all reasonable alternatives or face legal challenges
If we prevail in court, attorney fees are paid for by Fairmont/City.

IV Approach Moving Forward
Show credibility by proposing reasonable alternatives
Acknowledge Fairmont’s rights to a project
Don’t demand a financially infeasible project
Make a reasonable argument for mitigation measures

V. Tasks Moving Forward
Form a Steering Committee
Name our group
Form, or work through, a non profit
Clarify our position in writing
Form alliances with interested parties (neighborhood, historical, and Tiki Bar groups)
Meet with decisions makers, present alternatives
Meet with Fairmont representatives, present alternatives
Decide whether to retain an attorney, if so in what capacity."

I encourage all TCers in the Bay Area to contact these people, to attend their meetings, and to participate in thier efforts.