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City Manager Everett said "from a staff viewpoint, with an ErR we have a whole different set of conditions." City Attorney Schricker said "if you uphold the appeal, an EIR would be required" and by definition that would resolve the issue of reconsideration. MIS: HOWARDIRUSKIN DENY THE APPEAL OF THE ZONING ADMINISTRATOR'S DECISION TO DENY FOUR VARIANCES. Councilman Claire said he was in support of the motion, but he wanted to make it clear that the Council policy requiring an EIR is being affirmed, and expressed hope that together an ErR win be done. Councilman Ruskin said it was a difficult vote and he understood how much time and energy Mr. Whitaker spent in an effort to build on his land. He said there were too many loose ends to be able to go forward with this project, there were too many potential dangers to the neighbors and to the City. Councilman Ruskin said he shared his coneagues' concerns that the Council make it practical for the owners to proceed, and he supported investigating ways the City could share some of the costs of the EIR that was needed to make sure development was safe and wise. In response to Councilwoman La Berge's questions, Senior Planner Passanisi said it could take up to six months to complete an EIR and described the hearings and review periods involved. Councilwoman La Berge said she was interested in having an EIR done, and also giving the property owners an opportunity to build there with the City participating. She said development should be consistent with City policy and where the Council can be assured that they had done everything possible to ensure that area win be safe. Councilman Leipzig said this issue should have been looked into before it was brought to the Council. "This issue isn't new to Redwood City or to the staff, but to get to this point, to have to deny, if that's the way it is going to go, the appeal, tell the property owners, the little guys, hey no, let's try to find a way to finance this EIR with you and us involved. At this point I think it should have been addressed earlier and given to us with options. But this is a delay, there is a delay in cost, it adds to the cost of these folks if they are ever going to be able to build, and that's not determined. And this is what frustrates me up here on the Council and also many citizens with the process of local government. We don't try to sit down and work out problems in advance, and it costs people, it costs people the potential of building their home. It adds to the cost of that if they get to it. I'm not sure we are headed in that direction." Mayor Hartnett said "I think it is a matter of Council policy rather than staff. I don't think staff should be making policy. We've been dealing with this project for a long time. We've known that the cost of the EIR was an issue for a long time, and no one on the Council, as far as I am aware, individually or at a Council meeting, suggested that we REGULAR COUNCIL MEETING SEPTEMBER 16, 1996 MINUTES MINUTE BOOK NO. 54 PAGE 18 Page No. 483