PC 052610 - Laserfiche WebLink

yesterday, stating that in the last paragraph at the bottom of the first page, the date of the Streambed Alteration Agreement should read April 29, 2003, and not 2010. Mr. Kanz stated that one thing that was never discussed in the EIR is the requirement in the Corps permit for the Arroyo project that a conservation easement be placed upon the mitigation areas along the Arroyo Mocho. He noted that this is important because of the potential impacts of the bridge construction, and it would add another mitigation in that any impacts in that area would have to be mitigated if it were a conservation easement. With respect to the San Joaquin spearscale (SJS), Mr. Kanz stated that both the City of Pleasanton and Alameda County are party to the East County Conservation Strategy, which, at present, is proposing that the mitigation ratio for the SJS be 5:1, which means that for every acre, there would be five acres of mitigation replacement. He noted that if that is what the County and the City think is appropriate for the Strategy, then he would suggest that it would be appropriate for this project as well. He added that spreading seeds in the park is not advisable and has no benefit, as it is unlikely that the habitat in that particular location will be appropriate for that species. Mr. Kanz stated that his review of certain emails brings him to the conclusion that Congdon's tarplant might be present on the site. He indicated that PBJ&S had a botanist who said that he found it there, and PBS&J later stated that since the botanist no longer works for PBJ&S, then PBJ&S need not worry about it. He stated that what should have happened at that point was that the site should have been surveyed; but no one went to the botanist to inquire where the plant that the botanist thought was tarplant was found on the site. He noted that every botanist has said that one can miss something once in a while, that maybe somebody found it, or maybe it does not exist there; but the issue is that no one knows at this point because whether or not it exists was never questioned. He indicated that it has been found across the freeway and that it would not be surprising to find it on the Staples Ranch site. Mr. Kanz noted that on page 13 of the staff report, it is stated that one of the two biological mitigations from the 1988 Stoneridge Drive Specific Plan is a California tiger salamander (CTS) survey prior to realignment. He pointed out that no survey was done where the fill was placed prior to the realignment taking place. He added that there were surveys done in the old Arroyo Las Positas, but none on the higher land, a potential wetland, which was a potential breeding habitat for CTS until it was filled in 2003. Mr. Kanz stated that the biological resources section needs to be peer reviewed by an independent consultant because it contains contradictory information put out by the consultant on the issue. The next speaker was Matt Morrison. PLANNING COMMISSION MINUTES, May 26, 2010 Page 12 of 27