Response to Comments - Presidio Trust
Response to Comments - Presidio Trust
Response to Comments - Presidio Trust
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1.17 ENVIRONMENTAL REVIEW PROCESS (EP)EP-1. Concurrent Negotiations with the Private Development TeamRPN believed that the concurrent negotiations with the private development team have “clouded wha<strong>to</strong>therwise should be a clear cut decision <strong>to</strong> select Alternative 3” and have “effectively dictated the endresult.” RPN asserted that the <strong>Trust</strong> still prefers Forest City’s proposal for 400,000 square feet ofdevelopment and that the <strong>Trust</strong> “had already made up its mind.”<strong>Response</strong> EP-1 – The NEPA requires only that the <strong>Trust</strong> not take any action that would preclude thechoice of other alternatives (40 C.F.R. Sections 1502.2(f), 1506.1(a)). The NEPA does not require that allplanning be suspended during the EIS process. The <strong>Trust</strong> identified Alternative 2 as the PreferredAlternative, and entered negotiations with Forest City as the development team submitting a proposalgenerally conforming <strong>to</strong> this alternative. Although the <strong>Trust</strong> has begun negotiations with Forest City,these negotiations no more commit the <strong>Trust</strong> <strong>to</strong> Alternative 2 than the RFQ committed the <strong>Trust</strong> <strong>to</strong> pursuedevelopment at all. No actions have been taken that prevent the <strong>Trust</strong> from ultimately using one of thealternative scenarios, or that otherwise commit the <strong>Trust</strong> <strong>to</strong> accepting Forest City’s proposal. The <strong>Trust</strong>has demonstrated that it is not wedded <strong>to</strong> a certain outcome by the fact that it has revamped Alternative 2in response <strong>to</strong> comments.In order <strong>to</strong> streamline the proposed project, the <strong>Trust</strong> has begun negotiations with Forest City <strong>to</strong> test thebidder’s willingness <strong>to</strong> adhere <strong>to</strong> the maximum extent <strong>to</strong> the Planning Guidelines and <strong>to</strong> the project’spurpose and need. Thus, the <strong>Trust</strong> was not precluding the selection of any of the other alternatives,merely indicating the one that in the <strong>Trust</strong>’s judgment would best fulfill its statu<strong>to</strong>ry mission andresponsibilities subject <strong>to</strong> the completion of the NEPA process. If there were any problems withproceeding with the Forest City proposal, whether environmental concerns or unrelated logisticaldisagreements, the <strong>Trust</strong> would be free <strong>to</strong> begin discussions with other project developers pursuant <strong>to</strong> thesame SEIS. Accordingly, contrary <strong>to</strong> any perception otherwise, the <strong>Trust</strong> has made no final decisionbefore having completed the NEPA process for the PHSH project being studied in this SEIS.EP-2. Project ApprovalsCCSF commented that the Draft SEIS lacks information about the process for reviewing and approvingthe project and how the public will have input in<strong>to</strong> the decision-making process.<strong>Response</strong> EP-2 – In response <strong>to</strong> the comment, the requested information is provided in the Final SEIS.The <strong>Trust</strong> will circulate this Final SEIS for at least 30 days before making a decision on the proposedaction, and will hold a public hearing <strong>to</strong> receive comments during this time period. Although there is norequirement for the <strong>Trust</strong> <strong>to</strong> respond <strong>to</strong> comments received on the Final SEIS, the <strong>Trust</strong> will considerthese comments before making a decision on the proposed action.74 <strong>Response</strong>s <strong>to</strong> <strong>Comments</strong> Public Health Service Hospital