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Rich Cimino, East Alameda Audubon Society representative, reviewed the Audubon Society's role in the planning process and its recommendation to enlarge the community park along the Arroyo Mocho. He explained that this could be accomplished by moving the ice facility to the northeast and would ultimately serve to mitigate the impact to the spearscale. He acknowledged his initial support for the project, assured the Council that it continues, but suggested that a continuance would allow both stakeholders and conservationists the opportunity to study the plant's habitat and reach a consensus. Mayor Hosterman asked what had suddenly changed Mr. Cimino's support of the project. He explained that his original position had not really deviated; he just feels there is a need to carefully consider the evidence surrounding the endangerment of the San Joaquin spearscale. He detailed other ongoing efforts to restore the species' habitat and explained that those efforts have increased awareness on the matter here. Mr. Cimino asked to clarify what has been perceived as his blanket support of the project and reiterated his desire to relocate the Sharks Ice facility to allow a larger portion of the native plant collection to extend towards Stoneridge Drive and the Arroyo Mocho. He added that he has a meeting with Sharks Ice tomorrow to discuss the matter. Ralph Kanz, ACA Conservation Director, reviewed a letter forwarded to the Council. He said that the City does not yet have a legally defensible CEQA document largely due to the San Joaquin spearscale issue. He acknowledged Mr. Jeung's direction that the EIR must be based on existing conditions at the site and explained that those conditions indicate spearscale presence. He advised the Council against making a Statement of Overriding Considerations and instead suggested continuing the item for 30 days to allow an opportunity to consider the possible mitigations as well as the possible inclusion of the Stoneridge Drive extension in the CEQA documents. Councilmember Sullivan asked how Mr. Kanz would respond to the comments that mitigation of the impacts to the San Joaquin spearscale is adequate because it has replanted itself in the Arroyo Mocho. Mr. Kanz said that because it is an annual species, mitigations must be based on habitat rather than individual plant numbers. He cautioned that one year worth of data is not enough to support the contention that an adequate and persistent seed bank currently exists. Councilmember Sullivan asked if he would propose focusing mitigation more on the flats of Staples Ranch. Mr. Kanz recommended a habitat assessment to determine the location of values that could sustain the species and development of a plan to monitor the species over a number of years to ensure that it would exist in perpetuity. Councilmember Sullivan asked and confirmed that he feels mitigation measures have been inadequate thus far. He acknowledged concerns for Steelhead and Tiger Salamander raised by the ACA and asked if Mr. Kanz is satisfied with how they have been addressed. Mr. Kanz said that it is a matter of how Pleasanton wishes to be perceived. He noted that with the impending installation of a fish ladder in Fremont, the Steelhead may soon have the ability to reach Staples Ranch. Mayor Hosterman said Pleasanton has been doing everything it can to prepare its arroyos for the advent of spawning Steelhead and is anxious to continue those efforts with the ACA. Councilmember Sullivan questioned if Mr. Kanz believes the current plan adequately allows for this, and Mr. Kanz said he did not believe the current plan would cause any great degradation of the current situation but encouraged the Council not to overlook any choices that may improve it further. City Council Minutes Page 11 of 14 February 3, 2009