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Councilmember Sullivan pointed out that the current lack of AB32 guidelines has not prevented the State from taking legal recourse against municipalities for failure to develop adequate analysis and mitigation measures. City Attorney Michael Roush noted that the Attorney General has primarily acted in respect to General Plans or particular projects that are likely to emit significant greenhouse gas emissions. While this is not a small project, it does not rise to the level of a General Plan build-out and is therefore considered not to have a significant impact. Councilmember McGovern referred to page 1 of the draft Mitigation Monitoring and Reporting Plan; Prepared Lighting and asked if there are any guidelines pertaining to the ice center. Ms. Giffin directed her to Mitigation VO3.4; Community and Neighborhood Parks. Councilmember McGovern contended that it fails to specifically mention the ice center and noted that a goal of the project is to avoid light spillage into the arroyos. She acknowledged that the park itself is assigned a 1 foot candle and asked if it is correct to assume that as the building nearest the Arroyo Mocho, the ice rink will meet the 1 foot candle requirement. Ms. Giffin directed her to page 21, Mitigation Measure B1O8.1. Councilmember McGovern noted that though it addresses light spillage into the Arroyo Mocho, it does not specifically mention the ice center and requested staff to include it in the PUD in the future. Mayor Hosterman asked if the language "other recreational facilities" encompasses the ice center. Mr. Fialho confirmed and added that the PUD will have to comply with the mitigation plan as it moves forward. Councilmember McGovern referred to page 3 of the same plan, confirmed that rooftop parking on the auto mall has been eliminated from the PUD, and asked staff to accordingly remove the mitigation measure for rooftop lighting. Ms. Giffin explained that the applicant may wish to apply for a PUD rooftop parking modification at a future date. Councilmember McGovern asked and confirmed that Staff could craft a similar modification to the mitigation measures at that time. Councilmember McGovern noted that the proposal calls for 14 foot tall light poles around the auto mall and asked what the height of the wall separating the mall from the continuing care community is. Ms. Giffin responded 6 to 10 feet but deferred to the applicant for clarification. Councilmember McGovern urged staff to ensure that light spillage does not exceed a level such that it floods the park or continuing care community. Councilmember McGovern asked and confirmed that the plan allows for the potential of a lighted pathway surrounding the park. Councilmember McGovern referred to page 8; Health Risk Assessment for Residential Units Close to the Freeway and the proposed mitigations that involve a reduction in outdoor use areas for the community. She acknowledged that the City already exceeds acceptable levels of three air pollutants, presumed the construction and operation of the ice center would exacerbate those levels further, and expressed concern over the balance between quality of life and health risk management for the community's residents. Ms. Giffin said that the Council would have an opportunity to evaluate the Health Risk Assessment. Councilmember McGovern asked if that assessment will take into account the environment associated with this project as well as the known levels of excess air pollutants. Ms. Giffin City Council Minutes Page 6 of 15 February 3, 2009