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        SAN FRANCISCO
        PLANNING COMMISSION
        
        
        Meeting Minutes
        
        
        Commission Chambers - Room 400
        
        
        City Hall, 1 Dr. Carlton B. Goodlett Place
        
        Thursday, January
        19, 2012
        
        
        10:00 AM
        
        
        Special Meeting
        
         
        
        COMMISSIONERS
        PRESENT:  Miguel, Antonini, Borden, Fong, Moore and Sugaya
        
         
        
        THE MEETING WAS
        CALLED TO ORDER BY PRESIDENT MIGUEL AT 10:15 A.M.
        
        
         
        
        
        STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Bill Wycko, and Linda
        Avery – Commission Secretary.
        
        
         
        
        
        A.        CLOSED SESSION:
        
        
         
        
        
        1.         Public Comments on Matters to be discussed in Closed Session.
        
        
         
        
        
                    SPEAKER: Linda Chapman 
        
        
         
        
        
        2.         Consider Adoption of Motion on Whether to Assert the Attorney-Client
        Privilege Regarding the Matters Listed Below as Conference With Legal Counsel.
        (San Francisco Administrative Code Section 67.10(d).)  
        
        
         
        
        
        ACTION:     The Commission passed a motion to assert the Attorney-Client
        privilege regarding the matters listed below
        
        
        AYES:        Antonini, Borden, Fong, Moore, Sugaya, and Miguel
        
        
         
        
        
        THE PLANNING COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING:
        
        
         
        
        
        3.        
                                                                                                       
             (Kate Stacy and Tom Lakritz)
        
        
                    Conference with Legal Counsel - Pursuant to California Government
        Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)
        to discuss pending litigation and consideration of settlement proposals in 
        Pacific Polk Properties, LLC, et al. v. City and County of San Francisco, et
        al., San Francisco Superior Court Case No. CGC-10-501886, which was filed on
        July 23, 2010, and California-Nevada Annual Conference of the United
        Methodist Church v. City and County of San Francisco, United States District
        Court (N.D. Cal.) Case No. CV-11-2338 CW, which was filed on May 11, 2011; both
        lawsuits challenge, among other things, the Planning Commissions' June 24, 2010
        failure to certify a final environmental impact report and denial of a
        conditional use authorization for a proposed project at 1601 Larkin Street. 
        
        
         
        
        
        FOLLOWING THE CLOSED SESSION, THE PLANNING COMMISSION WILL RECONVENE IN OPEN
        SESSION.
        
        
         
        
        
        4.         Following the Closed Session, the Planning Commission will report on
        any action taken during the Closed Session and will consider a motion regarding
        whether to disclose any part of the discussions during Closed Session.
        
        
         
        
        
        ACTION:     - The Commission acted (in closed session) on a settlement
        proposal and voted to adopt the following motion:  The Commission will not
        consider rescission of the conditional use permit for 1601 Larkin Street.  The
        Commission would consider a new conditional use permit application that could
        rely on the existing environmental evaluation application, which may result in
        revisions to the draft EIR for changes to the project or the setting in which it
        is proposed.
        
        
        AYES:        Antonini, Borden, Fong, Moore, and Miguel
        
        
        NAYES:      Sugaya
        
        -      
        
        
        In Open Public Session
        the Commission, by unanimous vote, passed a motion to not disclose any
        information from discussion that took place in Closed Session
        
        
        AYES:        Antonini, Borden, Fong, Moore, Sugaya, and Miguel
         
        
        
        Adjournment: 11:54 AM
        
        
         
        
        
        Adopted: January 12, 2012