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Mayor Hosterman noted that she has often seen this land disked and asked if anyone has <br />raised issue with that. Mr. Cook could not say if disking affected the plant and reiterated that the <br />spearscale is classified as a Category 1 B plant, free from state or federal mitigation regulations. <br />Councilmember McGovern said that the ACA letter states a known spearscale population of 12 <br />acres in 1993 and noted there has been no current discussion on how many acres of habitat <br />remain. Mr. Cook noted that the letter also says there area "few plants" on the 12 acres and <br />said the two measurements are incomparable. <br />Mr. Bocian reviewed staffs recommendation that the Council adopt the resolutions approving <br />the EIR Environmental Findings, Statement of Overriding Considerations, Mitigation Monitoring <br />and Reporting Plan; and certifying the EIR to approve the Stoneridge Drive Specific Plan <br />Amendments/Staples Ranch and the PUD Zoning and Rezoning. <br />Mr. Bocian acknowledged the interest and controversy surrounding the related issue of the <br />Stoneridge Drive extension. He explained that Supervisor Haggerty has submitted a proposal to <br />finance all of the road improvements, the second bridge, and $1 million in offsite mitigations if <br />the City would agree to construct the road within the same time table as the rest of the Staples <br />Ranch infrastructure. Mr. Bocian noted that if the Council wishes to accept this offer, it would <br />have to make a decision at the time it approves the Development Agreement. He also stated <br />that LAFCO has formally requested that the EIR be amended to include the Stoneridge Drive <br />extension and has indicated that the EIR in its current state may require additional <br />environmental work. <br />Staff recommends that if the Council chooses to consider the matter of Stoneridge Drive, it <br />provide direction to schedule a special meeting for discussion of that issue. <br />Councilmember Sullivan said in light of the controversy surrounding the Stoneridge Drive <br />extension, it is important to clarify the Council's current policy for the community. He stated that <br />the Council unanimously voted to include the extension in the General Plan but required that it <br />first proceed through the regional framework and develop an agreement on other regional <br />projects, timing, and funding. He referred to page 3.2-19 of the EIR; Air Quality and questioned <br />the current validity of the conclusions surrounding greenhouse gas emissions in light of recent <br />CEQA challenges from the Attorney General's office. He cited the City's experience with similar <br />issues in the General Plan EIR and questioned the legal adequacy and enforceability of the <br />proposed mitigation measures. <br />Assistant Planner Robin Giffin explained that the State has not yet established emissions <br />thresholds and as it has not commented on any insufficient areas of the EIR, staff stands by its <br />analysis. <br />Councilmember Sullivan pointed out that the current lack of AB32 guidelines has not prevented <br />the State from taking legal recourse against municipalities for failure to develop adequate <br />analysis and mitigation measures. <br />City Attorney Michael Roush noted that the Attorney General has primarily acted in respect to <br />General Plans or particular projects that are likely to emit significant greenhouse gas emissions. <br />While this is not a small project, it does not rise to the level of a General Plan build-out and is <br />therefore considered not to have a significant impact. <br />Councilmember McGovern referred to page 1 of the draft Mitigation Monitoring and Reporting <br />Plan; Prepared Lighting and asked if there are any guidelines pertaining to the ice center. Ms. <br />Giffin directed her to Mitigation VQ3.4; Community and Neighborhood Parks. <br />City Council Minutes Page 5 of 14 February 3, 2009 <br />