Arguments or to the position that the department has and im still not clear on sort of what that means in terms of whether or not the appellant has met their threshold yet. Okay. Before i go to supervisor mar and kim, i know rec and park was also going to make a presentation. So, let me just ask colleagues, supervisor mar, do you want to ask your questions of planning or do you want to wait for rec and parks presentation . Theres one thats relevant to this question of is there substantial evidence. Of their argument. Wild equity is saying one expert, greg hammond, the hydrologist that worked with the recreation and Park Department and analyzed the hydrology, according to wild equity, theyre saying that he explained that the pumping rate will harm the threatened california red legged frog and the Laguna Solano wet land complex in two wii ways. One, it will cause harm to the california frog by draining more of the frogs breeding habitat, ~ the cover habitat being impacted. And impacting
With all due respect, yes. Okay. And if there is just a question for the City Attorney, if there is in terms of, you know, legally if there is a difference of opinion as to whether or not there is an impact, you know, where theyre saying that pumping op raytions are being increased and the department is not saying that thats not true, ~ if there is a difference of opinion legally, where does the benefit of the doubt fall . Deputy City Attorney marla byrnes through the president. I think what you may be getting at, and please clarify if im not answering the question that youre asking, is what is the project thats being reviewed under Environmental Review here. And ceqa requires that we look at what the wrote et is as proposed in comparison to what the baseline conditions are. ~ so, this project doesnt propose to change pumping protocols, then the city is not required as lead agency to look at potential changes to pumping protocols. Pumping protocols are taken as a given as the underlyin
An eir is one mechanism through ceqa to perform Environmental Review. It is required when there are significant impacts that cannot be mitigated to a less than significant level. That Environmental Review was completed for the initial study. Thank you. I do think there is a certain circular nature to the arguments or to the position that the department has and im still not clear on sort of what that means in terms of whether or not the appellant has met their threshold yet. Okay. Before i go to supervisor mar and kim, i know rec and park was also going to make a presentation. So, let me just ask colleagues, supervisor mar, do you want to ask your questions of planning or do you want to wait for rec and parks presentation . Theres one thats relevant to this question of is there substantial evidence. Of their argument. Wild equity is saying one expert, greg hammond, the hydrologist that worked with the recreation and Park Department and analyzed the hydrology, according to wild equity, t
The Center for Biological Diversity (“CBD”) and Kentucky Resources Council (collectively “CBD”) sent a 60-day Notice of Intent (“NOI”) to Sue the United States Fish and Wildlife Service.