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concerns of traffic congestion, air quality degradation, incompatibility of tall buildings with the nearby neighborhood, safety of persons working in the proposed tall buildings and safety of persons using the airport." Jay White said the Council had heard there is a substantial controversy between EA and its opponents "as to whether there is a substantial impact on the environment. Under CEQA....the fact that there is a public controversy regarding the project is in and of itself a significant reasons for requiring an EIR so that your Council will be fully informed through an impartial study as to what the facts are regarding the project and whether or not you should in using your good judgment approve the project." Jay White criticized the staff report stating it had not been prepared in a useful form as required by state law. Mr. White said "staff prepared an addendum to the ErR which purports to amend an EIR which was completed in 1974 or 75 for the Redwood Shores Peninsula Area, but there is a significant problem in two respects: Under CEQA statute an addendum can first be attached only if there is an existing valid EIR to start with. Our contention is, that EIR done in 1974 or 75 does not apply to this project because it expressly states in the introduction that it is a coarse grain report and that all major projects within the area will require a separate detailed report. Secondly, an addendum to the EIR can address only minor technical changes or additions that do not raise important new issues about the project's significant affect on the environment. What is being proposed by staff in the addendum goes far beyond minor technical changes. It addresses impacts listed as significant in the Redwood Peninsula EIR that are less than significant at the project specific level; project specific information relating to significant impacts, to mitigated impacts, no project alternative, development likely to occur without the project. This purports to amend the 1974,75 EIR." Jay White said another problem with the addendum "is that there is nothing in the record to indicate it was ever subject to the public participation requirements." Mr. White said staff was "trying to cure this deficiency by preparing a statement of overriding considerations." Mr. White said there is provision in the law to adopt such a statement, "but there again it requires first that there be an EIR in existence." Jay White said CEQA requires "whenever an agency is preparing an environmental document that it be supported by Findings made based on evidence in the record that will support the conclusions that are reached.... The Findings must lead the actual evidence to the conclusion. That is missing throughout these documents. There are a lot of good arguments for the project, there are Recitals about certain studies that have been made, the P&D report being one, but there is no public evidence, documentation included to support the conclusions that have been made in both of these cases." Jay White respectfully suggested and requested "that your Council proceed no further insofar as approval of the Electronic Arts project until such time there is a valid EIR prepared for your review." Mr. White submitted a letter for incorporation into the record. REGULAR COUNCIL MEETING MINUTE BOOK NO. 54 JULY 15, 1996 MINUTES Page No. 385 PAGE 13