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HomeMy WebLinkAboutTC Agd Pkt 2011-10-19 (2)Point Tiburon Marsh Home Owners Association c/o Michael J. Scippa, President 16 Marsh Road Tiburon, CA 94920 October 14, 2011 Scott Anderson Director of Community Development Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 RE: Tiburon Library Expansion Project - Opposed as currently proposed Dear Mr. Anderson, On behalf of the Point Tiburon Marsh Road residents, the Board of Directors would like to emphasize some important points with respect to why we must oppose the Library Expansion Project as currently proposed: 1) We are the nearest contiguous residential property to the library and the expansion will impact our homes immensely and forever. 2) Our greatest concern is the proposed size of the expansion and the size and location of the parking lot. As mentioned October 5, the Mill Valley library, which is such a revered model, has NO designated parking. Therefore, it seems as if the newly proposed Tiburon Library parking lot, with such close proximity to a number of under-utilized pay lots, could be reduced at least by half, that is, from 52 car spaces to 26, about the size of the current lot, without negatively impacting patrons. This would also keep car exhaust fumes and subsequent trash further away from the fragile marsh with its treasured wildlife. Also, we believe the proposed disabled parking needs to be along Tiburon Blvd. in front of the library and town hall, so it is easily accessible for those who require easier access to the buildings' entrances. We object to the sheer size of the expansion and believe it is far beyond specific library requirements. For example, a cafa in the proposed new library is an ill-conceived idea. There are numerous existing establishments within a one to two-minute walk that are struggling to survive. Why do we need to subsidize another, especially if it requires losing precious open space, threatening a sensitive wildlife habitat, and reducing the aesthetic and monetary value of our homes? 3) The current Corner Books Store in the Boardwalk Shopping Center, with it's immediate proximity to existing cafas, restaurants, banks, offices, mail and stationary store, and the new Woodlands Market with ample outside seating, seems perfectly suited for the Mill Valley Book Depot-like "hub" that people have expressed a desire to have in downtown Tiburon. Why try to re-recreate such a center of activity in a public building when it already exists? Elimination of an onsite books store in the library expansion plan would further reduce the size and negative impact of the project on our residences. The Railroad Marsh needs to remain in its current natural state and be protected by the barrier of distance as in the existing open space. Reducing the size of the building and the parking lot will pull the entire project away from the Railroad Marsh so that there may be no need for intrusive, incongruent fencing. Another deep concern for our owners would be the parking lot noise and headlight intrusion into the condominiums closest to the proposed parking lot expansion. If the lot is not downsized or moved elsewhere, those issues will require mitigation with extensive tiered native plants, grasses and shrubs that match and expand on the existing excellent native landscaping, which truly distinguishes the library grounds. 1 4) We are concerned that ground lighting fixtures should be similar to those in our complex, which are also the same Hadco fixtures along the waterfront, for continuity and reduction of nighttime light pollution. We are also concerned that inadequate signage will create a steady stream of unwanted traffic and potential security problems on our dead-end street as new patrons attempt to access an expanded library parking lot immediately adjacent to our property. chael J. Scippa 16 Marsh Rd. President Pt. Tiburon Marsh Homeowners Association Phone 435-2472 Point Tiburon Marsh Home Owners Association Board Members: Dale Weibel 15 Marsh Rd. 789-5246 Gary Fitzgerald 20 Marsh Road 789-5072 Up to now, it seems that most of our concerns have been ignored by the Town which has virtually rubber-stamped development and expansion in every direction surrounding our property. From commercial parking lots, to the Tiburon Peninsula Club, and CVS, all have detrimental effects on the marsh, wildlife and our homeowners. The concerns and objections we raise as the closest neighbors of this project are not unreasonable and other members of the community in fact share them. And while we can appreciate the long hard process of improving town services and facilities, we object to this expansion project because it has consistently negated our concerns. All we ask is that the Town seriously considers a downsized alternative plan that does not adversely impact the Railroad Marsh or Pt. Tiburon Marsh homeowners. We look forward to your response, to having a seat at the table where the details get worked-out, to being a part of the solution. Kind regards, TOWN COUNCIL SATE MAIL # r MEETING DATE Ken Jam( 1 Marsh F 435-4672 A44tt'llu Susan Schneider 25 Marsh Road 435-4654 Cc. Deborah Mazzolini, Director, Belvedere-Tiburon Library, 1501 Tiburon Blvd., Tiburon, CA 94920 Deirdre McCrohan, The Ark, 1550 Tiburon Blvd.,Tiburon, CA 94920 dmccrohan@thearknewspaper.com 2 James K. Levorsen 70 San Rafael Ave. Belvedere, CA 94920 14 October, 2011 Tiburon Town Council 1505 Tiburon Blvd. Tiburon, CA 94920 Members of the Tiburon Town Council, iN COUNCIL ;VA Y i 6ATE MAIL # MEETING DATE 1 b._ l I am a retired architect and have lived in Belvedere some 48 years, since 1963. 1 was very active putting the existing library together from the year 1987, when the former library was located in the Post Office building, to dedication of the present structure in 1997. It is within that perspective that I write you this letter. Those ten years bringing the present library to fulfillment were full of ups an downs. There were naysayers: Three million dollars was too much to spend. We could never build it for that amount anyway. Books were going to become obsolete. Others said computers and the internet were just a flash-in-the-pan and would not last. Fortunately a group of supporting citizens and the local governments got together and the project went ahead. If those community members had not 'carried the day,' we would now know nothing of what we would have missed. The present library, which has become an icon within our community, would not be here. We are at that juncture again. Please join us to actively support the new library so that your children and their children can once again have all the advantages that our present community has enjoyed. Thank you. Yours very truly, J es K. Levorsen OCT , 7zo>> D TOWN CLERK TOWN OF TIBURON Tel 415.435.1511 fax 415.435.4795 e-mail JKLEV@att.net Jacki Schafer 4 Marsh Road Tiburon, CA 94920 October 17, 2011 Town Council Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Council Members: N COUNCIL AW MW lin LA'.1111 E . All # A-T-) MEETING DATE I am the former Teen Librarian at the Belvedere-Tiburon Library, and the current Assistant to the Director for Library Services. I am also a resident of the Marsh Condominiums very near the Library (yes, it's a great commute to work). Working with our community's teens over the past five years, I have felt acutely the need for space for them in the Library. The Library staff and Agency members' decision to embrace this group in our community with programs, events, and a collection designed for teens, has paid off in soaring numbers of middle and high school students, both boys and girls, using the Library. There is a great need for an acoustically separate teen room, group study rooms, and new technology. In conjunction with the need for teen space, I see a need for space for adults. Every day, adults wander around the Library looking for a table on which to use their laptop, or a place to read quietly. If there is nothing available, as is often the case, they leave. Other Library user groups in need of more space include children, tutors, community groups, program presenters and audiences, and staff. While the interior spaces have not been finalized in the expansion plans, intense thought and planning have gone into the preliminary needs assessment. I believe the square footage outlined in the current plan before the Council is not excessive and is, in fact, crucial to building our Library into the community asset that fits the current and future needs of our town's residents. Sincerely, r~. Jacki Schafer Assistant to the Director for Library Services I E C E ~ V E OCT 17 2U1t TOWN CLERK TOWN OF TIBURON October 12, 2011 Tiburon Town Council 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Members, Because I have been a member of this community for over 50 years, because I have used the library in all of its locations, and because I have been a volunteer in the present library for over ten years, I feel it's time I speak in support of the expansion plan. The expansion plan will give to the library all the space it will ever need. Now is the time to go forward assuring the community that the Belvedere-Tiburon Library will remain a wonderful asset that meets the needs of tiny tots, teens, adults and right up to our dear elders. It is time to wholeheartedly support the expansion plan. Sincerely, Barbara Patten 528 San Rafael Ave. Belvedere, CA 94920 TOWN CLERK TOWN OF TIBURON October 15, 2011 3 Weatherly Drive #302 Mill Valley, California 94941 Town Council: Over the years, I've admired how the library has become an increasingly valuable resource to the community. I've been particularly impressed by the number of innovative services it has introduced, notably in the area of technology and in civic and cultural programs. As a result of all this, however, it is patently clear that the library's present space and facilities have become woefully inadequate. Consequently, I earnestly urge you to act favorably on the library expansion proposal before you. Yours truly, r. l obe"rt Flynn TOWri UNCIL AlL#= EM l MEETING DATE H E C E ~ V E OCT 17 2011 TOWN CLERK TOWN OF TIBURON Page 1 of 2 T MAIL # Am LA' L. Scott Anderson From: Mimiclar@aol.com Sent: Sunday, October 16, 2011 9:10 PM To: Scott Anderson Cc: Councilmember Emmett O'Donnell; rctib2@gmail.com; Vice Mayor, Jim Fraser; Mayor, Jeff Slavitz Subject: Library expansion Date: 10/16/2011 To: Scott Anderson From: Mimi Clarke (20 Geldert Dr., Tib) Sub j: Library expansion I am opposed to the library expansion as presently defined. There are many reasons but most important are: - Too massive; will ruin the balance of the 2 buildings and block views to the ridge and OSH (town treasure) - Too much space added for administration; current trend is for shared space not individual offices - No need to have a cafe at the library; town businesses provide that service and need our support - The Town Council chamber off ers a perfect space f or events estimated too large for the Founder's room. - Traff is turning on/of f Mar West with the TPC on that road will definitely require a traff is light - Parking, as proposed, is woefully inadequate and will create a hardship for many to gain access to the Town Hall; also will adversely impact the ambience of the Reading Room 10/17/2011 Page 2 of 2 - Economically it doesn't make sense to increase the cost of staff and maintenance attendant to the expansion for the long term As for the "Town Plaza" - hasn't the Town Council had the enhancement of the downtown on the top of its planning agenda? The town does not need this obvious conflict with that goal. And I thought the dismissive remarks (Oct. 5) regarding the "Sail" sculpture and environs were without merit. I trust you to do the right thing and thank you for considering my thoughts on this issue. Mimi Clarke 10/17/2011 Page 1 of 1 LATE MAIL #ATf Scott Anderson From: Wyman Harris [boater54@aol.com] Sent: Friday, October 14, 2011 4:44 PM To: Scott Anderson Subject: Library Expansion I am out of town but my thoughts on the library expansion are expressed in the attached letter. Wyman Harris 415-203-0245 Sent from my iPhone Wyman Harris 306 Bella Vista Avenue Belvedere, CA 94920 415-435-0245 October 12, 2011 Tiburon Town Council Tiburon Town Hall 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Council Members, I support expansion of the Belvedere-Tiburon Library. We are fortunate to have a great library that is fully utilized. The proposed expansion will ease crowded conditions for library users, employees and volunteers. The layout and design have been thoughtfully completed in a way that complements the current structure in an effective and attractive manner. The various issues of parking, views, the marsh, the park and relationship to the town hall have been thoughtfully resolved. When completed the expanded library will be an attractive and valuable asset to the community. Respectfully yours, Signed Wyman Harris 10/17/2011 l~r Vic: RECEIVED T .i LUG TOWN MANAGERS OFFICE TOWN OF TIBURON X~ndv 41, , 4e~ Ile 1 4t A t e , c j`` -41 RagghiantilFreitas LLP Arr.xx.11 Ar I.A. 974 F.L.I. Sv[[r. Sum 0 SAx RAFAEL LA 54901-3246 a¢moxe 415.453943) rAM. ue. 415.453.9269 W V V.Ai IAi~[I.CO4 October 17, 2011 Via E-mail and U.S. Mail Tiburon Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Belvedere-Tiburon Library Expansion Project Dear Members of the Tiburon Town Council: OCT 2011 I have been requested by the Belvedere-Tiburon Library Agency to prepare this letter concerning the upcoming Town Council meeting at which the legislative actions requested by the Library will be considered. As noted by staff, this upcoming meeting will be followed by a comprehensive future hearing at which the actual design of the Library will be submitted to the Council for review. At this time, the issues before the Council are a zoning change, CEQA findings, and a possible substantive General Plan amendment. Background Some context for considering the Library's requests is important. The concept of expanding the library is far from a new idea. In 2004, with the full support of the Council members in office at the time, the Library presented a plan to expand towards the back of the property and had a Negative Declaration approved for exactly such a project. In 2005, however, a new Tiburon General Plan was adopted. This updated Plan called for structures on Tiburon Boulevard to locate parking at the rear of the property whenever possible (DT 33), and "encouraged" the construction of 2 to 3 story buildings facing the Boulevard (DT 38). In response to this change, the Board of the Library Agency made the difficult decision to abandon the already-planned and partially approved project, and instead redesign a new expansion that complied with the latest iteration of the General Plan. This costly JOSHUA S. LEBOVITS RICHARD T. FRANCESCHNI RILEY F. HURD III DAVID F, FEINGOLD GARY T. RAGGHIANTI, INC. SARAH N. LEGER ROBERT F. EPSTEIN JOHN RALPH THOMAS, JR. (OF COUNSEL) MICHAEL 0. GLASS PATRICK M. MACIAS DAVID P. FREITAS (RET.) ERIC STERNBERGER HERBERT M. ROWLAND LATE MAIL #AI l \f Ragghianti IFreitas LLP Tiburon Town Council October 17, 2011 Page 2 of 4 and time-consuming decision was the result of the Library's commitment to meeting the planning goals of the Town. The Belvedere-Tiburon Library continues to be the most visited public structure in the entire two-city community. The 2005 Godbe survey taken in conjunction with the update of the General Plan also demonstrated that the Library was far and away the most popular service in the Town. This popularity continues to be the impetus for the expansion, as there is simply not enough room to serve all the distinct groups of library users. While the Council is accustomed to hearing development requests from private applicants, the Library expansion is unique. The Library Agency is not a developer, it is a public agency that sees no benefit from additional square footage other than providing greater services to residents. The distinctive nature of the applicant, and the purpose of the structure sought to be expanded, is important for the Council to recognize. Size The Library Agency is aware that general considerations regarding the size of the proposed expansion may be encompassed by the requested legislative amendments. Accordingly, the Agency will appreciate receiving the Council's general direction in regards to size in order to better prepare for a future Design Review hearing. At this time, however, the Agency believes that it would be premature to discuss specific trade- offs between the certain library features and any corresponding change in size. A discussion of room-by-room square footages, or foot-by-foot changes in size, is appropriately heard at the Design Review stage of the application, when it will be possible to assess the consequences of proposed changes to the functionality of the design. OSC-20 Policy OSC-20 in the General Plan is very general in nature and states that 100 foot setbacks should be implemented, to the maximum extent feasible, between development and wetland areas. The Library expansion is not feasible with 30 parking spaces, which is all that can reasonably be achieved with a 100 foot setback. Ragghianti IFreitaS. LLP Tiburon Town Council October 17, 2011 Page 3 of 4 However, just as importantly, OSC-20 is not based on science, nor is it specific to the Railroad Marsh. The FIR, on the other hand, is a science-based analysis prepared by qualified biologists that is specific to the marsh, and the FIR states that a 50 foot buffer is more than adequate. The specific Railroad Marsh Management Plan also calls for a buffer fence at a 50-foot setback, and this project finally provides that fence. Because a 100-foot setback is not feasible, the 50 feet called for in the FIR and Management Plan remains compliant with the text, and intent, of the General Plan. CEQA View Analysis The Planning Commission, by a vote of 3-2, recommended that the FIR be certified. This vote requires some explanation. The 2 dissenting voters were not opposed to the FIR being adopted, but instead did not agree that the view impacts were significant and unavoidable and were, therefore, left to vote against certifying an FIR that they supported even more strongly than the remaining members of the Commission. The Council should deal with the issue of how to classify the view impact for CEQA purposes in one of 2 ways: 1. If the Council agrees with the objective consultant engaged by the Town to prepare the FIR, who concluded that the view impact was not significant and unavoidable, it should simply adopt findings that track those in the FIR. 2. If the Council agrees with three members of the Planning Commission that the view impact is significant and unavoidable, then the Council should simply add the view issue to its statement of overriding consideration. For a public facility like this one, that statement practically writes itself. Conclusion The library expansion is a carefully designed and responsive project with a history of strong support from the Tiburon Town Council. It is requested that the Council continue this support, as specifically called for in the General Plan, while providing general direction about the size of the structure in anticipation of the future Design Review hearing. Ragghianti (Freitas hcP Tiburon Town Council October 17, 2011 Page 4 of 4 Thank you for your continued consideration of this important project for the Town. Very Truly Yours, Riley F. Hurd III CC: Beverlee Johnson, Agency Chair Debbie Mazzohni TOWN COUNCIL L a MM to a AT no M I E MAIL MEETING DATE., r)ct. 1 3, 201 1 109 Reed Ranch Rd Tiburon, CA 94920 RECEIVED oc" 7 11 Tiburon Tcwn Cnuncil 1505 Tiburon Blvd Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON Gentlemen: I am a long time volunteer at the library and routinely walk through the library to the rear where the offices are located andcan't help but notice the condition of the work spaces. The hallway is littered with boxes full of books and other material, making it difficult to make one's way through the hall. I don't believe it is fair for the staff to live with these conditions every day without hope of some relief. Despite this, they are cheerful and respectful -)f the patrons and of each other. Some changes need to be made to alleviate this condition and T ask that you seriously consider some improvement in this space. Very truly yours, %nrence Miner Fredric Postle 110 Marinero Circle Tiburon, CA. 94920 RECEIVED OCT '17 2011 TOWN MANAGERS OFFICE TOWN OF TIBURON October 13, 2011 Dear Councilpersons; During my 12 year residence in Tiburon I have been a devoted and impassioned library consumer. Over that time I have come to see the library as providing much more to Belvidere and Tiburon than simply intellectual content. It has become the technical as well as cultural hub of the community. Through its internet access to countless databases and software programs it has created a strong and growing attraction to library users that fully complements its collection of books, media, and periodicals. I believe the proposed addition to the library will allow it to broaden its mission from simply informing its visitors to entertaining and even inspiring them. More than a technological center I foresee an expanded library becoming a creative "oasis" for artistic expression. Because the resources of the library vastly exceed those of home users it could evolve as a place for photographers to gather, trade insights, share experiences and edit their digital images TOWN COUNCIL LATrE MAIL# Az- MEETING DATA using Photoshop and similar software programs. With the rise of inexpensive digital movie cameras the library could provide a resource for editing individually created video. Further in the realm of personal exploration, music enjoyment could be broadened by accessing the many individual music databases as well as software that aids in music theory and composition. This music can also be combined with personal videos to elevate their viewing value. I also believe that there is a great opportunity for the library to enhance people's natural enjoyment of film. With enough new monitors as well as access to the "cloud" library users will be able to avail themselves of an incredible number of classic feature films, documentaries, educational movies and other video mediums. The achievement of this future requires the vision of today's library patrons. The creation of an expanded computer center I believe will create a community of amateur photographers, and musicians and others in artistic pursuit. This community could act as a social counterweight to the individual, sometimes, lonely pursuit of search engines and social networking that we currently see Thank you, To: The Tiburon Town Council Re: Proposed Expansion of the Library October 13, 2011 LATE MAIL# I have been a resid~:rnt of Belvedere since 1980 and a frequent user of our library since it was built. I have learned to use the internet here, with the help of the excellent staff, and have enjoyed all its resources and many community events.. I understand that its pOpularity leas led to a decision to expand and the renderings of the proposed addition ire impressive. I fully support the plan to expand and think it will enable it to make an even more valuable contribution to the community with its increased space for staff, children and tecils, and numerous activities that will benefit the local residents and Marin County. Yours sincerely, Bill N(:wland 129 Bay View Ave. Belvedere, Ca 94920 415 435-9273 Diane Crane lacopi From: THERESE HENNESSY [terrysjewelry@comcast.net] Sent: Tuesday, October 18, 2011 5:28 PM To: Mayor, Jeff Slavitz; Vice Mayor, Jim Fraser; rctib2@gmail.com; askalicenow@usa.net; Councilmember Emmett O'Donnell Cc: Diane Crane lacopi; Scott Anderson; Debra Mazzolini Subject: Library Expansion - Town Council Mtg. 10-19-11 Dear Mayor Slavitz and Councilmembers, I was recently appointed Director of Community Partnerships at St. Vincent de Paul Society of Marin County, and due to a conflict with my new schedule I am unable to attend tomorrow night's Town Council session. As you know I have been•a strong opponent of the massive expansion, particularly because of its impact on the Tiburon Town Hall. I don't need to tell you that as the elected Council, you have a fiduciary responsibility to the residents of Tiburon to protect the Town's assets, and provide a healthy environment for your town employees. The proposed expansion threatens to restrict the town's ability to enlarge their own facility if you grant the surrounding land to the Library Agency. The lack of storage space is evident with the large container in the parking lot, and the Council cannot take action based on the possibility of the Recreation Department being located elsewhere. Residents, especially the aging population, must have easy access to their town hall and deserve parking next to their building. The rear exit of the town hall will need to be modified to provide handicapped access. Town staff deserves to have natural daylight stream into their offices, and the quiet necessary to perform their duties. Creating a park directly behind town offices is not conducive to productivity, especially when being designed for exuberant youth to play. The loss of view of Old St. Hilary Church is indeed significant. Every Council leaves a legacy. The Council I served on between 1995 and 2001 included the decisions to approve the original library, town hall and police department. It is incumbent upon future Councils to uphold decisions and promises made by their predecessors (unless they were detrimental to the health and welfare of the residents). Bonds were issued to:preserve the open space. The success of future bond issues will hinge on whether you now cover up that view with a 40' two story building. What will be this Council's legacy? Sincerely, //s// Therese M. Hennessy TOWN COUNCIL LATE MAIL# OCT , $ zo„ D TOWN CLERK TOWN OF TIBURON MEETING CwwTE /o ~y ~i Ken Weil 686 Hilary Drive Tiburon, CA 94920 October 19, 2011 Dear Members of Tiburon Town Council, OCT 19 2011 TOWN CLERK TOWN OF TIBURON As a former library director who has overseen four separate library construction and expansion projects, I know first hand the positive impact a modern and well-designed library has on the well being of its citizens and on the community as a whole. After all, the Library is the one cohesive entity in the community that serves residents of all ages, from preschoolers to senior citizens. Libraries are no longer just repositories of books and other materials, but they are community gathering places that provide cultural programs, educational workshops, training sessions and yes, events that entertain us. Based upon personal experience, one of the most expensive things a community can do is to build a library that is not large enough to meet its present and future needs as construction costs will only rise. I am concerned about reducing the proposed scope of Alternative D. Years of study and planning by experts have gone into the current plans. My wife and I walk to downtown almost daily. Moving the parking lot to the rear of the library and in its place creating a civic plaza leading to the Zelinsky Park is a vast improvement to the current site plan and the best part of the view corridor is being preserved. A great community deserves a great library. To meet the competitive challenges of the 21St Century I urge the Council to move the process forward. Sincerely, /J~~ Ken Weil TOWN COUNCIL LATE MAIL # 4,- MEETING DATE /o-~y-~i ENVIRONMENTAL COLLABORATIVE Consultation • Documentation • Restoration 1268 64th Street • Emeryville, CA 94608 Phone 510/654-4444 • FAX 510/655-4444 MEMORANDUM TO: Ms. Deborah Mazollini DATE: 18 October 2011 Tiburon-Belvedere Library - -V%" J „ 1501 Tiburon Boulevard Tiburon, California 94920 FROM- Jim Martin ENVIRONMENTAL COLLABORATIVE SUBJECT: Review of Letter from Stephan C. Volker to Scott Anderson, Town of Tiburon, dated October 5, 2011 Regarding Comments of Alan and Janice Fenster on Belvedere-Tiburon Library Expansion Project and Environmental Impact Report As requested, I reviewed the above letter from Stephan V. Volker, attorney for Alan and Janice Fenster, regarding the proposed library expansion project and adequacy of the Environmental Impact Report (DEIR). My memo to you of 7 September 2011 provides a detailed review of the conclusions in the EIR with regard to potential impacts on biological resources, the adequacy of proposed setback distances, recommendations from the Railroad Marsh Management Plan, and conformance with the Tiburon General Plan, together with my conclusions over the significance of the potential impacts of the proposed project. As I stated in that memo, in my opinion the EIR is overly conservative regarding the significance of potential impacts of the library expansion project on biological resources, particularly the remote potential for occurrence of special-status species and the relationship of the setback zone to nearby Railroad Marsh. Both the proposed library expansion protect and Alternative D, recommended as the environmentally superior alternative in the EIR, include provisions that would prevent any direct or indirect impacts on wetlands and essential habitat for special-status species, and would serve to enhance the habitat values of nearby Railroad Marsh. These enhancements include installation of barrier fencing to prevent access by dogs into the marsh as well as installation of native tree, shrub, and groundcover plantings that would greatly increase the habitat value of the poor quality non-native grasslands that separate Railroad Marsh from the existing library. Contrary to the assertion by Mr. Volker, the EIR provides an overly conservative assessment of the potential impacts of the project on biological resources, including exhaustive mitigation measures that are designed to ensure no inadvertent take of California red-legged frog and other sensitive resources. Mr. Volker incorrectly assumes that because Mitigation Measure BIO- 2a includes provisions to excavate burrows within the limits of grading to confirm absence of any California red-legged frogs on the site, that this must mean that frogs are present. There is no evidence that frogs occupy the site, or even nearby Railroad Marsh at this point. But because some amphibians are known to retreat into burrows of gophers and other ground dwelling animals, the EIR biologist recommended a very conservative method to make sure no frogs were present. This is a standard measure for ground dwelling species such as adult California tiger salamander, but is rarely applied to California red-legged frog, and typically only when the water source is seasonal and there is no nearby surface water available, which is not the case at Railroad Marsh. Inspecting each burrow is a labor intensive procedure, but would ensure that in the remote instance a frog was present in Railroad Marsh, dispersed onto the site, and sought refuge in an existing burrow, that it would not be destroyed during grading and construction, but would be relocated to the marsh. Keeping the excavated burrows open after inspection ensures that any dispersing frog does not return to the burrow before construction proceeds. Installation of the frog barrier fencing and preconstruction surveys by a qualified biologist would serve to confirm that no frogs remain within the limits of proposed construction. The intent of the mitigation measure is not an "announced intention to take this species" as suggested by Mr. Volker, but ensure that an inadvertent take is avoided in the remote instance that a frog disperses onto the site, as unlikely as that may be. Similarly, the provision in Mitigation Measure BIO-2a that all work stop and the USFWS and CDFG be consulted in the remote instance a California red-legged frog is encountered is not a deferral of mitigation. These agency must be consulted if a listed species such as California red- legged frog is encountered on any site. Because this species is not suspected to occur on the site, no provisions for compensatory mitigation have been defined in Mitigation Measure BIO-2a. The focus of the provisions of this measure are to ensure no inadvertent take occurs in the remote instance that an individual frog would for some reason disperse from the secure cover provided by Railroad Marsh and enter the exposed conditions of the site immediately in advance of initiating construction. Again this is highly unlikely to occur, but the measure defines an adequate procedure for how to address this scenario and acknowledges that the resource agencies could have additional requirements they would impose on the project if an individual frog is encountered. My memo of 7 September 2011 provides a detailed review of the adequacy of the proposed setback distances from Railroad Marsh, which have been confirmed by the EIR biologist as well, and I won't address Mr. Volker's comments regarding General Plan Policy OSC-20 and the Railroad Marsh Management Plan again in this memo. I trust this provides you with useful information regarding this matter. Please let me know if you have any questions regarding the above. 2