01 - Laserfiche WebLink

Councilmember Sullivan agreed and said the community has been talking about this for years, with nothing being done. He feels it is important to have the requirement for discussion as an EIR mitigation to be proactive and come up with a plan. Councilmember Cook-Kallio reviewed student population in elementary schools as to whether they have risen or decreased. What occurred to her is whether the increase in school population is in direct correlation with the City's population increase. Since many of the units will be families she questioned whether or not density increased does this mean the percentage of the school population is higher than the increase of the City's population. Mr. Fialho said the premise would be continuing discussions with the district and work aggressively to find a solution. What they cannot do under State law is limit or condition development on the need to mitigate school impacts. If the City writes mitigation language, it must be carefully worded so it is more strategic in nature rather than outcome driven. Councilmember Cook-Kallio said if it is found there is an increase in young students when adding higher density units to a community the City should continue to work with the district to identify a school site as staff is doing its planning. Mr. Dolan said the Council must remember that CEQA has its own language. When staff looks the generation rates for a certain number of homes and can accurately determine how many kids will come out of a development, and when kids cannot be accepted any longer, there will be an issue. But, this is the City using its normal language of the use of the word "significant." In this case, the state has taken this word, twisted its meaning in CEQA, and for the City to use its everyday interpretation of that word in a CEQA document could cause trouble. Councilmember Sullivan clarified that the action cannot be taken on the rezonings until the EIR is certified. Mr. Dolan noted that creating an entirely new mitigation cannot be done, but language can be added regarding memorializing the commitment. Councilmember McGovern then referred to air quality and health problems associated with the two areas 4B-5; particulate matter, and 4B-6; toxic air contaminants. It talks about children being the most susceptible to health risk. She asked if there were adequate guidelines to ensure areas for children like patios, plazas and areas where children would have recreation close to freeways are buffered or removed. Mr. Dolan said these are relatively new requirements from the BAAQMD and for new projects, studies address this specifically. Councilmember McGovern noted that for the Hacienda TOD, there was a plaza right on Owens Drive. It was not buffered and one of the largest areas for kids to be playing and it was directly across from BART and the freeway, and she asked if this has been changed. Mr. Dolan said this will not affect what is proposed tonight, but the City will be considering this individually. There is a study that identifies to what extent that plaza meets the required thresholds. Councilmember McGovern said she would rather err on the side of the children because of worry that over time the freeway traffic will increase and/or vehicles will travel much slower with greater risk. Mayor Hosterman noted the Air District has done a lot of scientific study and as representative to their Board, she recently heard a presentation about ultrafine particles, and she believes more research is needed before the City can formulate policy. Mr. Dolan said the good news on this topic is that the Air District tells them that within 15 years they may not need to do these studies because of the type of regulations occurring with diesel which will greatly reduce risk. Councilmember McGovern stated the report talks about the Superior Court Judge issuing a proposed injunction against implementation of the scoping plans for climate action and she asked if this would interfere with the City's Climate Action Plan. Mr. Dolan said he did not believe it would. Councilmember McGovern said under the Climate Action Plan, the City's construction and demolition ordinance is currently in draft form. She asked if the Planning Commission has reviewed this. Ms. Stern City Council Minutes Page 7 of 13 January 4,2012