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it pertained to this project that it wanted to consider? He suggested that a naturalist be <br />available during construction to be able to ensure that the environmental impacts are <br />mitigated for the riparian habitat. <br /> <br />Mr. Brozosky believed this was already a condition. <br /> <br /> Ms. Hosterman asked if Council could require an EIR rather than a Negative <br />Declaration? <br /> <br />Mayor Pico said that Council needed to consider the Negative Declaration. <br /> <br /> Mr. Swift's understanding was that the action taken was a straw vote to find out <br />where Council was at, and now Council would go through the conditions of approval. As <br />outlined in the staff report, Council needs to address the Negative Declaration. <br /> <br /> Mr. Brozosky pointed out that Condition 40 might address Mayor Pico's concerns <br />related to mitigating the riparian habitat during construction. He asked staffto verify that <br />this condition related to Mayor Pico's concerns. <br /> <br /> Mr. Swift said that Condition 40 addresses the nesting bird issue and is not quiet <br />as broad. The intention is not to have any of the area south of Remillard Road impacted <br />by the construction. The construction staging would take place in the parking area. The <br />wetland/overflow area of the quarry would be cordoned off and not be impacted by the <br />project. <br /> <br /> Mr. Brozosky asked if the Mayor's issue was already included as part of <br />Condition 40? <br /> <br /> Mr. Swift said that Council needed to include the Mayor's concern in order for <br />the matter to be included as part of Condition 40. <br /> <br /> Ms. Host~m~an believed that somewhere in the staff report it mentioned that in <br />order to find that a subsequent EIR is required for the CUP and design review <br />applications, Council would need to identify a new significant environmental effect of the <br />California Splash project due to substantial changes in the circumstances under which the <br />project will be undertaken "or new information of substantial importance." She believed <br />Council should find that there were a number of impacts that this project could possibly <br />have. She requested Council's support in requir/ng an EIR. <br /> <br />Mr. Brozosky wanted to continue working on the conditions of approval first. <br /> <br />Ms. Hosterman asked staff if Council could request an EIR? <br /> <br /> Mr. Roush said that Council will be asked at some point after the conditions are <br />discussed, to either adopt the Negative Declaration or not to adopt the Negative <br />Declaration and require that an EIR or subsequent EIR be prepared, based on the <br /> <br />Pleasanton City Council 17 03/30/04 <br />Minutes <br /> <br /> <br />