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Staff recommends that the Council adopt a Statement of Overriding Considerations for these impacts. Mr. Bocian then introduced EIR consultant Rod Jeung of PBS&J. Mr. Jeung provided a summary of the EIR development process and the resulting changes to the project that involve emergency vehicle access, amulti-use trail, a conceptual Park Master Plan, adjusted boundaries between the neighborhood park and continuing care community, and modification to the Auto Mall Place/EI Charro Road intersection. Mr. Jeung worked with staff to prepare responses to the 23 letters and nearly 200 verbal comments submitted by the public; those responses and any revisions are included in this EIR. He outlined the final steps of the EIR process pending a decision by the Council. Mayor Hosterman asked Mr. Jeung to clarify the appropriate application of the EIR. She said that a number of environmental groups and agencies, particularly Alameda Creek Alliance (ACA), have worked hard to create opportunities for Steelhead to move up through the creek and various tributaries and arroyos. She referenced a letter from ACA that identifies several areas where the EIR fails to address species loss, including Steelhead. She confirmed that the EIR does not particularly address this, noted that there is not yet Steelhead in this particular section of the Arroyo Mocho, and asked if the EIR only addresses those issues that are immediately current. Mr. Jeung explained that the EIR documentation considers existing conditions, known planned conditions and future conditions that are likely to occur. He acknowledged the steps being taken to provide for Steelhead migration through this area but said that it would be speculative at this point to determine whether that will actually happen. The EIR has, to a certain extent, recognized that the installation of the two lane bridge has associated potential effects on stream beds, habitat repair, and the San Joaquin spearscale. Mitigation measures have been identified to protect those resources. Councilmember Sullivan referenced the same ACA letter and said that there may be confusion on or dispute with the mitigations already performed for the spearscale. Mr. Jeung explained that when the Arroyo Mocho was realigned in 2004, the U.S. Army Core Permit that was issued recognized the resulting disturbance to the San Joaquin spearscale, a California Related Plant Society Category B plant. A portion of the Staples Ranch Project site provided habitat for this species and the Army Corp required soil and seed collection from the area prior to construction, stockpiling, and finally replanting to restore the population. Studies conducted in 2003, 2005, 2006, and 2007 showed that a large population of spearscale has reestablished itself along the banks of the arroyos. Mr. Jeung stated that while there may be minimal disturbance to some of the relocated spearscale population, the EIR does provide some mitigation measures. He noted that project disturbances are not expected to extend into currently populated areas of the Arroyo Mocho. Councilmember Sullivan asked and confirmed that the mitigations are primarily for those plants that were or are in the Arroyo Mocho, not those that may be on the project site. He asked and confirmed that there are no mitigations for the latter. Stewart Cook, ACSPA, provided further explanation on the relocation of the spearscale, added that they are annual plants with an ever-changing population, and noted that the arroyos are currently populated by tens of thousands spearscale that were not there before. The EIR has concluded that this mitigation worked very well and has essentially pre-mitigated the impacts of this current project. City Council Minutes Page 4 of 14 February 3, 2009