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4.7 of the FEIR fully complies with the requirement for incorporation by reference found in the CEQA guidelines. ~~ City Attorney Schricker clarified that whether or not it is really stated in the EIR that Sedway is incorporated by reference is up to the Council to decide. MEMO 5/9/95 Mayor Gasparini stated that Vice Mayor Hartnett is not looking for any changes or additions in the Sedway report but whether or not that one clarification be included as a full document rather than as a reference. Planning Director Patterson advised that there is a list of 15 reference items in the table of contents of the report and that the information has been, and is currently available in the Planning Department. Vice Mayor Hartnett summed up that everyone recognizes that whether or not there is a technical deficiency in the EIR that those technical deficiencies could be resolved and eventually an EIR could be certified. Vice Mayor Hartnett thanked the Planning Commission and the staff for working through this long and difficult process to come up with a good product. The spirit of CEQA has been met by this process but there are technical issues remain in the product. Councilwoman La Berge asked for input from the City Attorney on what must be included in the EIR. MEMO 5/9/95 MIS: LA BERGE/SANFILIPO to continue the meeting until 11 :30 p.m. CARRIED BY UNANIMOUS VOICE VOTE. City Attorney Schricker advised that state guidelines provide that the EIR must describe a range of reasonable alternatives to the project or to the location of the project which would feasibly attain most of the basic objectives of the project but would avoid to substantially lessen any of the significant effects ofthe project and that must evaluate the comparative merits of the alternatives. That range need not include speculative alternatives. The Supreme Court states that a project alternative which cannot be feasibly accomplished need not be extensively considered. A feasible alternative is one which can be accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, social and technological factors. It is up to the Council to decide if the alternative analysis provided in the EIR report meets those standards. The discussion relating to the Sedway report is germane because that was an alternative study. The Council will need to determine if the EIR incorporates the report by reference in it or if that was the intent to do so and if that report provides an alternative analysis. For clarification the Regular Meeting Minutes May 8, 1995 MINUTE BOOK NO. 53 Page 11 Page No. 170 -- - - -