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8.A. - Page 67 Laurel Way Joint Venture Laurel Way Area N�ighbors Assaciation April 15, 20ll Page 6 3. Even if the Council does not find any inadequacy in the EIR, it would be within the Council's discretion to send the EIR back to City staffpending a� actual project application, The City is z�nder no legal obli�ation to certify an EIR without a pendin� appiication. The Council cauId legitimately decide il�at it is too abstract and uncertain to deczde whethez� the EIR is adequate given th� uncertainties � what the Project as proposed will actuaJly look �ike. I am still reviewing this matter with City staff, and staffhas not yet decided which option it will recommend to the CounciL City staffbefieves tha.t LWANA and any other interested member of the public should, of course, now raise any and all issues it has relatin� to the adequacy af the EIR for the Project as identifred in the EIR. Certainly, if any men�ber of fihe public believes that tihere are flaws in the EIR they would like to see cui•ed, it would be better to raise those flaws now. Sxa�is proceeding with scheduling the appeal befare the CounciI because the Laurel Way Joint Venture l�as indicated that it no lon�er agrees to having tl�at appeal further cantinued. Sta£�can justify eontinuance of that hearir�� orn�y so long as all parties to that appeal agree. Should the ,ioint Venture change its mind and inform staffthat it is willing to continue to ciefer the hearing ofthe appeal until after it has submitted a specific project application, City staffwill consider a further continuance of this matter. Again, please advise me and/or City staff if yau have any questions or comments, or if you believe that there are any factuai inaccuraeies in this letter. Very t� yours, JARVIS, FAY, DOPOR�O & GIBSON, LLP � �� Rick W. Jaivis c: Pamela Thompsan, City Attorney, City of Redwood City Jill Ekas, Planning Manager, City of Redwood City Sailesh IVIellra, Associate City Planner, City of Redwoad City