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Minutes - San Leandro City Council Meeting - April 20, 1992 Page - 22 - PUBLIC HEARINGS (continued) Steve Meyers, City Attorney, said the City Council had also received from the City Attorney new pages 18 and 19 of the Conditions of Approval , replacing pages 278 and 279 of the Agenda. He said these pages reflect the agreement between the developer and the San Leandro Unified School District regarding school impacts. George Kurilko, LSA Associates, said a Public Hearing for this Environmental Impact Report (EIR) was held before the Planning Commission on January 30, 1992, following a 45-day comment period, which he noted was extended for an additional 7 days, and the Public Hearing was continued to February 19, 1992. He said there was a total of 52 days for comments on the Draft EIR (DEIR) , and the DEIR contained a project description. He said there is no CEQA requirement to hold a Public Hearing during the course of public review, and the City Council may limit public comments to written comments only. Council Member Perry spoke regarding the Resolution Certifying the EIR. She said it contained a statement that additional environmental review may be necessary at the Precise Development stage of the project. She asked if this would happen, if there would be any CEQA requirements, and if there would be a public-comment period. Mr. Kurilko said it is up to the City Council to determine if they wish to have any other environmental review. He said the City Council could require preparation of a supplement or an addendum to this EIR, or they could determine that there would be no additional environmental impact. Council Member Perry said many of the impacts seemed to be unit-driven or dependent upon approval of the 404 Permit process. She asked whether additional environmental studies would be needed or whether this was at the discretion of the City Council . Mr. Kurilko said this would be up to the City Council . He said the Corps of Engineers process is now under way to determine which of the two project alternatives would be approved. Council Member Corbett spoke regarding Mr. Kurilko's April 9, 1992, response to the March 25th East Bay Regional Park District (EBRPD) letter regarding the Sundstrom case. Mr. Kurilko said the EBRPD letter makes a statement that, if the District takes over management of the habitat area, it must use the City's EIR. Mr. Kurilko said it is his understanding that the District's management of the area could be covered by a Categorical Exemption and an EIR would not be required. He said he provided an analysis of the extent to which the Sundstrom case applies to this case. He said so long as the City Council makes findings related to future information that may arise, this is adequate documentation. The City Attorney said he is personally satisfied the City's Resolutions provide for appropriate future action.