HomeMy WebLinkAboutMinutes 060893 Approved as Submitted
Meeting Date: July 27, 1993
ATASCADERO CITY COUNCIL
JUNE 8, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Bewley led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Kudlac, Luna and
Mayor Nimmo
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City
Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata, Assistant City
Manager/Director of Community Services; Art Montandon,
City Attorney; Mark Joseph, Administrative Services
Director; Lt. Bill Watton, Police Department; Steve
Sylvester, City Engineer; Steve DeCamp, City Planner;John
Neil, Assistant City Engineer and Gary Kaiser, Associate
Planner
APPRECIATION PLAQUE:
The Mayor presented a plaque of appreciation to Dave Vega for his service on the
Economic Round Table.
PROCLAMATION:
The Mayor read the proclamation for "Special Olympics Law Enforcement Torch Run
Day", June 20, 1993 and presented it to Lt. Watton.
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COMMUNITY FORUM:
Eric Greening, 7365 Valle, encouraged participation in the Cultural Needs Assessment
Meeting scheduled for Friday, June 18 at 7:00 p.m. in the Rotunda. He also urged
agendizing the County Rural Settlement Strategy Phase III to achieve the City's voice
in design phase of the plan.
Paul Gray, 10420 San Marcos Road, expressed objection to the adoption of City
Council Resolution No. 03-93 establishing an understanding of conditional acceptance
of portions of San Marcos and Vista Roads into the City's maintained road system.
He stated that he believed it established dangerous precedent concerning San Marcos
Road and that the action could adversely affect all residents living on the road.
Pastor Trey Littlejohns, Christ Chapel, continued dialogue with the Council and City
Attorney regarding the City's policy for renting City facilities to churches. He
reiterated previous requests to give churches the same privileges as other groups.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. S.L.O. Council of Governments (COG) & Regional Transit Authority
(SLORTA) - Councilman Luna reported that, in the Mayor's absence, he
had attended the meeting as the designated SLORTA alternate. He
noted that he was not, however, the alternate for COG and remarked
that this had presented some difficulties in determining actions he could
and could not take part in. He suggested that in the future the
designated alternate be the same for both committees.
Councilman Luna indicated a desire to have future discussions relating
to the issue of COG's position on the Growth Management Council's
Strategic Growth Report to the Governor. He reported that
recommendations would be reviewed and acted upon in August and
requested that this matter be looked at by the Council before that date.
In addition, he reported that bikeway projects for EI Camino Real and
Traffic Way were recommended for final approval. He noted that grant
applications are due June 18th and mentioned that staff would meet the
deadline.
2. County Water Advisory Board - Councilwoman Borgeson reported that
the board had met on June 2, 1993 and received a report relating to the
Lake Nacimiento Water Shed given by Professor Tom Rice of the Cal
Poly Soil Science Department and John Beatty from County Engineering.
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B. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - MAY 11, 1993
2. CITY COUNCIL MINUTES - MAY 25, 1993
3. RESOLUTION NO. 45-93 - Providing for the issuance of 1993-94 Tax and
Revenue Anticipation Notes
4. RESOLUTION NO. 43-93 - Designation of no-parking zone on San Luis Avenue
5. RESOLUTION NO. 44-93 - Designation of loading zones at the Lake Pavilion
6. RESOLUTION NO. 42-93 - Accepting the transfer of applicant status for two
non-urban county Proposition 116 projects
7. RESOLUTION NO. 46-93 - Authorizing the execution of an agreement with
John Madonna Construction Co., Inca for construction of the EI Bordo
Road/Chalk Mountain Golf Course wastewater collection line (Bid #93-05)
8. TENTATIVE TRACT MAP 23-89, 11455 VIEJO CAMINO - Request for time
extension (Van Gundy/Boud & Associates)
Councilman Kudlac pulled Items #13-5 & 6. Councilwoman Borgeson pulled Item #13-7.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Consent Calendar Items #13-1 through 4 and Item #8;
motion unanimously carried by roll call vote.
Re: #13-5. RESOLUTION NO. 44-93 - Designation of loading zones at the Lake
Pavilion
Councilman Kudlac voiced objection to eliminating two parking spaces when parking
is at a premium at the park. Councilwoman Borgeson agreed. Councilman Luna
suggested that the resolution be amended by designating only one loading zone
instead of two. Andy Takata provided background for the Parks & Recreation
Commission recommendation. The City Treasurer asked the Council to give
consideration for the disabled and encouraged approval of the unloading zones as a
way of assisting the handicapped.
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MOTION: By Councilman Kudlac, seconded by Councilwoman Borgeson to
deny Resolution No. 44-93; motion failed 2:3.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
return the item to the Traffic Committee and/or Parks &
Recreation Commission for further review and, further, to explore
recommending one space for short-time use; motion passed by
simple, voice vote.
Re: #13-6. RESOLUTION NO. 42-93 - Accepting the transfer of applicant status for
two non-urban county Proposition 116 projects
Councilman Kudlac asked if this action would result in a financial commitment from
the City. John Neil responded that it would not and clarified that staff was seeking
opportunities to modify the application, address some concerns of the public,
endeavor to reduce the City's contribution for bikeway projects and explore other
funding sources.
Public Comment:
Rush Kolemaine, Box 1990, asked if Prop 116 funding would apply to bikeways that
are included in the Circulation Element. The City Manager reported that the City was
entitled to $100,000 and further explained that although there may not be enough
funds to construct bikeways on EI Camino Real and Traffic Way, the City was looking
for supplemental funding.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve Resolution No. 42-93.
Additional Public Comment:
Ed Goshorn, Atascadero resident and Chairman of the County Bicycle Committee,
encouraged the City to provide bikeways along EI Camino Real
Vote on the motion: Motion to approve Resolution No. 42-93
unanimously passed by voice vote.
Re: #13-7. RESOLUTION NO. 46-93 - Authorizing the execution of an agreement
with John Madonna Construction Co., Inc. for construction of the EI
Bordo Road/Chalk Mountain Golf Course wastewater collection line (Bid
#93-05)
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Councilwoman Borgeson stated that she had pulled this item for clarification of unit
costs and noted that one contractor's bid reflected some lower line items. She asked
if it was possible to award part of the contract to one bidder and part to another. In
addition, she inquired whether or not the Council could give preference to a local
contractor. Staff's response to both items, based on the State Public Works Contract
Code, was negative.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to adopt
Resolution No. 46-93: carried 5:0 by roll call vote.
C. PUBLIC HEARINGS:
1. SMARA HEARING - Consideration of Surface Mining and Reclamation Act-
mandated Report of Results• Mined Land Reclamation and Compliance -- City
of Atascadero
Gary Kaiser provided initiatory remarks and emphasized that the hearing was not to
approve or re-approve surface mining operations on-going, nor was it a nuisance
abatement hearing. He clarified that the required mine inspections are exempt from
CEQA requirements and that, technically, no pubic hearing was required. Mr. Kaiser
reported that the consultant has found the reclamation plans for the Salinas River
Sand Pit and the Santa Lucia Road mine (hereafter "Millhollin Mine") to be inadequate
and to have been approved in error. He related that the consultant had further
determined the Salinas River Sand Pit to not be in compliance with the Reclamation
Plan, has advised that further use could be detrimental and was recommending
closure. Steve DeCamp noted that Atascadero Mutual Water Company has agreed
to discontinue mining operations at that site. Mr. Kaiser indicated that the Millhollin
Mine was found to be in substantial compliance with the existing (however
inadequate) reclamation plan and recommended mining be allowed to continue under
certain conditions.
John Rapp of Sierra-Pacific Groundwater Consultants, Inc., provided an overview of
his findings outlined in the Report of Results: Mined Land Reclamation and
Compliance. He emphasized that although the Council has the power to close the
Millhollin Mine, he was not recommending it do so. He explained he was proposing
that the City should work with the owner, Glenn Millhollin, and the operator, San Luis
Obispo County, in an effort to revise the Reclamation Plan to include a "sunset date"
and regulations regarding truck traffic and related impacts on circulation) and, further,
to have financial assurances secured for site reclamation. Mr. Kaiser pointed out that
the revised Reclamation Plan would be reviewed per current CEQA and SMARA
requirements.
Mr. Rapp responded to numerous questions from the Council. The hearing was then
opened to the public.
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Public Comments:
Daphne Fahsing, 5105 Llano Road, read a prepared statement (see Exhibit A)
asserting that inadequate notice of the meeting was given and asking that the
Millhollin Mine be declared a public nuisance and ordered closed.
Eric Greening, 7365 Valle, agreed with the previous speaker's suggested course of
action. He proposed that, if this is not the direction Council wishes to go, it consider
initiating a complaint through the County and addressing the matter at that level.
Rick Johansen, 12275 Santa Lucia Road, proclaimed that the biggest problem relating
to the mine is the excessive speeds at which trucks are being driven as they go in and
out of the quarry and expressed concern over the safety of neighborhood children.
In addition, he argued that the wear and tear on City roads must be compared with
any monetary benefits the City may be receiving by allowing the mine to continue to
operate and asked who was going to clean up the site.
Graham Grigmore, Santa Lucia Road resident, concurred with comments made by
others and pointed out that the Environmental Impact Report (EIR) prepared on the
proposed Long Valley Ranches II development indicates that the bridge is unsafe. He
urged the Council to close down the mine for the sake of public safety.
Lee Woods, 11740 Cenegal Road, also spoke in favor of closing the mine. He
suggested that if this is not done, then the City should place restrictions and controls
(a charge per cubic yard or truck, permits for traveling up and down Santa Lucia,
using radar to monitor speeds, etc.) on the trucking companies that are being
contracted to haul materials from the quarry.
Gregg Cobarr, 9560 Galena Court, contended that illegal actions must be addressed
and inquired if it was legal for the mining operation to continue without a storm
discharge permit. The City Attorney advised that the Regional Water Quality Control
Board is the enforcement agency and would have jurisdiction over that issue.
Vicki Reyburn, 11705 Santa Lucia Road, shared her fears over the safety of children.
She stated that the mine was an attractive nuisance for children and pointed out that
there is no fencing on the top of the hill. Ms. Reyburn implored the Council to limit
the number of truck trips, control speeds and require improvements to the road and
bridge.
Barbara Rose, 7200 Llano Road, asserted that the Reclamation Plan is inadequate
because it provides no limits or time frames and does not address road maintenance
and safety. She asked that the City require signs to be posted when the quarry is
being mined and materials are being exported.
Jim Reyburn, 11705 Santa Lucia Road, comments echoed those made by others
regarding traffic safety.
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---Hearing Closed---
Councilman Luna indicated that he did not believe there would be any point in
admonishing the County about the seriousness of the situation.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
direct staff to set a public hearing for nuisance abatement of the
Millhollin Mine with consideration of the legal ramifications of
mine closure based on public nuisance findings.
Discussion: Councilman Bewley noted that if the mine is closed, the City
would not have any control over mitigation of the exiting conditions and the
property would remain as it is. Gary Kaiser pointed out that this was why the
staff was not recommending closure. Steve Decamp reported that if the
Council specifies the grounds for the nuisance and it is ordered abated, the
owner would have to correct those conditions declared a nuisance. The City
Attorney added that only conditions that are truly a public nuisance, (truck
traffic, dust, noise, etc.) can be ordered abated. He advised that the Court
cannot order landscaping or other visual mitigation measures that can be
required during review of a Reclamation Plan revision.
Vote on the motion: Motion to set a public hearing for nuisance abatement
proceedings failed 2:3, with Councilmembers Bewley, Kudlac and Mayor
Nimmo voting in opposition.
Additional Council questions followed regarding a traffic study, speed surveys and
commercial enforcement. Councilman Bewley asked if the City Council has any input
into a revised Reclamation Plan. Gary Kaiser reported that the Planning Commission
can approve it, but noted that, if requirested, the Council could have final approval
power. The consultant indicated that new State statutes provide standards that are
in line with what the City wants to accomplish and emphasized that the process
provides the kinds of control the community is asking for.
Councilwoman Borgeson asserted that the mine is operating illegally with a plan that
was never approved. She stated that the matter should have been taken care of
when the City was incorporated.
Mayor Nimmo pointed out that Staff Recommendation #1 was now a moot issue and
therefore the Council need not take any action on it.
MOTION: By Councilman Bewley to approve Staff Recommendations #2 and
#3.
Discussion: Councilman Luna asked that the two recommendations be voted
upon separately. Councilman Bewley amended the motion by deleting
Recommendation #3. Councilman Kudlac seconded the motion.
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Vote on the Motion: Motion to approve Recommendation #2 carried 3:2 by roll
call vote (Councilmembers Borgeson and Luna opposed).
MOTION: By Councilman Luna, seconded by Councilman Bewley to approve
Staff Recommendation #3; motion carried 5:0 by roll call vote.
Councilman Luna asked that the Council go on record in support of Recommendation
#1 .
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve Staff Recommendation #1; motion carried unanimously
by simple vote.
D. REGULAR BUSINESS:
1. CIRCULATION ELEMENT & FINAL EIR (Cont'd from 5/11/93)
A. Resolution No. 23-93 - Approving the adoption of an updated Circulation
Element of the Atascadero General Plan
The Mayor announced that based on the response from the Fair Political Practices
Commission (FPPC) and the City Attorney's advise, he would step down due to a
potential conflict of interest relating to Issues #3, 7 and 11 (see staff report). Mayor
ProTem Kudlac took the gavel.
Steve DeCamp provided background and outlined the thirteen issues raised by the
Planning Commission. Art Montandon explained that the FPPC's response for advise
regarding the Mayor's potential conflict was abundantly cautious. He revealed that
it would be necessary to conduct the hearing in a specified manner, pursuant to FPPC
instructions, and announced that the items identified by the Mayor must be acted
upon separately. The City Attorney emphasized that there would have to be three
affirmative votes to take action and noted that a 2:2 split vote would indicate no
action. If this happens, he said, the Planning Commission's recommendation would
stand.
Continuing, Mr. Montandon reported that once the issues in conflict have been
disposed of, the Mayor could return and deliberate on the remaining portions of the
Circulation Element. He added that because of the necessity to separate the matter,
an additional resolution had been drafted for adoption and explained that he would
read specific language into the record at the appropriate time. In closing, the City
Attorney remarked that the final document must pass by three votes.
Steve DeCamp introduced consultant Mike Kennedy of DKS Associates, who
responded to specific questions.
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Re: Issue #7 - Median
The City Attorney clarified that bike lanes on El Camino Real related to the median
concept. Council questions followed regarding classification of bike lanes and removal
of non-essential on-street parking.
Councilman Luna stated that he was in favor of restoring original language regarding
the median design concept deleted by the Planning Commission (see Element, pg.11l-
34). He explained that he did, however, support the Commission's recommendation
to add language regarding notification of affected parties (see pg. III-34). He also
proposed reducing the Priority Level from #2 to #3 (see Table III-3).
Councilman Bewley voiced opposition to intermittent Class II lanes because this would
not provide consistency along El Camino Real. Councilwoman Borgeson noted that
she wanted to look at the median and the bike lanes separately. Council agreed to
do so.
MOTION: By Councilman Luna, seconded by Councilman Bewley to restore
original median language subject to notification of affected parties
and changing the priority from Level #2 to #3; motion passed 3:1
(Borgeson).
Issue #3 - Bike Lanes on EI Camino Real
Councilman Bewley reiterated that he could approve bike lanes all the way down EI
Camino Real or none at all. He added that he would support them as long as any
parking that might be eliminated would be subject to public input. Councilman Kudlac
indicated that he would prefer Class III lanes. Councilmembers Luna and Borgeson
voiced support for Class IL
MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to
keep language as suggested by the Planning Commission
designating a Class II [bike] route (see pg. III-28); motion carried
4:0 by simple vote.
Issue #11 - Halcon Road Extension
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
remove it [program reference and priority listing].
Discussion: Mike Kennedy advised Council to provide an alternative truck route
if they chose to delete the proposed extension and suggested agreeing to
improve the Santa Barbara Road/EI Camino Real intersection.
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Vote on the Motion: Motion to delete all references to Halcon Road Extension
carried unanimously by simple voice vote.
Discussion ensued. Agreeing to maintain Santa Barbara Road as a truck route, the
Council took the following actions:
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
improve the Santa Barbara Road/EI Camino Real intersection with
a Priority Level #2; motion passed 4:0.
MOTION: By Councilman Bewley, seconded by Councilman Luna to approve
Table III-3, Item D-1 [Santa Rosa/US 101 intersection] with a
Priority Level #3; motion passed 4:0.
MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to
approve Table III-3, Item A-1 [EI Camino Real/Santa Rosa
intersection widening] with a Priority Level #3; motion passed 4:0.
Having acted upon those items about which the Mayor may have a conflict, the City
Attorney amended proposed Resolution No. 23-93, as follows:
"Therefore, the Council of the City of Atascadero does resolve to approve the
General Plan Update as follows:
1 . Amendment to the General Plan text, ;��n�„.;fid. �. ; ! ::::::::::.,
by adoption of ' i € of the Circulation Element, dated April ,
1993 (Attachment "A") ear
2. Rescindsi.tji of the 1980 General Plan:
VIII Circulation Element (Chapter III of Updated General Plan) (
Attachment "B" to read:
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The City Attorney noted that although Council's action would be conclusive, staff
would distribute the Final Draft of the Circulation Element to the Council once the
consultant has prepared it to ensure that all revisions have been precisely
incorporated.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution No. 23-93, as amended; motion carried 4:0.
Mayor Nimmo rejoined the Council. Additional issues addressed, as follows:
Issue #1 - State Route 41 Alternatives
MOTION: By Councilman Luna, seconded by Councilman Kudlac to strike
paragraph (e) on page III-10; motion carried 5:0.
Issue #2 - Development Proposal Approvals
MOTION: By Councilman Kudlac, seconded by Councilwoman Borgeson to
strike paragraph (c) on page III-22; motion carried 5:0.
Issue #4 - Bike Route Requirements
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to strike
Program 5.6 & 5.7 [page III-301; motion passed 3:2 with
Councilmembers Borgeson and Luna voting in opposition.
Issue #5 - Palomar Avenue Walkway
MOTION: By Councilman Kudlac, seconded by Councilman Luna to make no
change in language [page III-31, Table III-71; motion carried
unanimously.
Issue #6 - Salinas River Bridge (2-lane limitation)
Discussion ensued regarding Program 6.2 and language relating to the preparation of
a Memorandum of Understanding (MOU) with Caltrans regarding the realignment of
Route 41 . Mayor Nimmo indicated he wanted to delete all language regarding an
MOU.
The consultant suggested that if Council does in fact delete said verbiage, it should
adopt alternative language, such as "Work with Caltrans to design the roadway". He
emphasized his concern was for ensuring that the intersections along the realignment
meet the needs of the City and indicated, in his opinion, this could only be achieved
if City representatives work with Caltrans during the design process.
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MOTION: By Councilman Luna, seconded by Councilman Kudlac to extend
the meeting beyond 11 :00 p.m.; motion carried.
Discussion ensued regarding language limiting the Salinas River Bridge to two lanes.
The Mayor recommended striking it. Councilman Luna asserted that he could not
support that idea. Councilwoman Borgeson pointed out that the realignment project
was designed with a two lane bridge over the Salinas River and noted that if this
changes, another EIR would have to be prepared. Councilman Bewley asserted that
any decision to widen the bridge would be made by the State, not the City.
MOTION: By Councilman Bewley, seconded by Councilman Kudlac to
reword Program 6.2 [page III-331 to state, "Work with Caltrans to
ensure the funding and construction ..."; strike the last sentence
[of the first paragraph] and delete the [entire] third paragraph;
motion carried 3:2 with Councilmembers Borgeson and Luna in
opposition.
Issue #8 - Via Way Truck Route
MOTION: By Councilman Luna, seconded by Councilman Kudlac to remove
Program 6.9 [page III-351; motion carried unanimously.
Issues #9 & 10 - Atascadero Creek Crossing and Ardilla Road Bridge
Councilman Luna, referring to Programs 7.7 and 7.8 on page III-39, indicated that he
would like to see a higher priority set for constructing a bridge at the dry creek
crossing between Casanova and Barrancho to allow residents another way out of the
3-F Meadows area if faced with a wildland fire. He noted that Caltrans had recently
installed roadway ending at the creek at that site.
MOTION: By Councilman Luna, seconded by Councilman Bewley to insert
Program 7.8(a), a bridge across Atascadero Creek at the turn-out
already provided by Caltrans from Highway 41 to Carmelita;
change the [order] to 7.8(a), 7.8 and 7.7 among the three bridges
and [place Program 7.8(a) at] Priority Level #3; motion carried
unanimously.
Issue #12 - Atascadero to Templeton Arterial
MOTION: By Councilman Luna, seconded by Councilman Kudlac to delete
Item C-11 [page III-47, Table III-31; motion passed unanimously.
Issue #13 - Entrada Avenue (return to two-way traffic)
MOTION: By Councilman Bewley, seconded by Councilman Luna to refer
this matter to the BIA (Business Improvement Association);
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motion carried.
New issues added:
Councilman Luna asserted that he was opposed to designating EI Camino Real as a
truck route and recommended that non-locally destined trucks be encouraged to use
Highway 101 in lieu of traveling EI Camino Real. He asked how this might be done.
Mike Kennedy advised that Figure III-4 could be changed and emphasized that this
would not preclude local truck delivery on EI Camino Real.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to delete
the EI Camino Real truck route designation [Figure III-41; motion
passed.
Councilman Kudlac mentioned that he would like to see the Lewis Avenue Bridge
[Table III-3, C-21 moved up to a Priority Level #1 . Councilman Luna asked if moving
the project up to a higher priority would help the City qualify for funding. The
consultant indicated that it would not and observed that Level #1 projects are
primarily low-cost projects. No action was taken on this item.
The City Attorney announced that he had prepared Resolution No. 48-93; which looks
similar to Resolution No. 23-93 with the following amendments:
Paragraph 2. "The Environmental Impact Report prepared for the project is
heFeb MW certified as a complete and accurate document consistent with
the provisions of the California Environmental Quality Act (CEQA).
THEREFORE, the Council of the City of Atascadero does resolve to approve the
General Plan Update as follows:
1 . Amendment to the General Plan text, as amended by the City Council,
by adoption of those portions Circulation Element (Attachment "A"),
dated April 9 1993 :>: '' t! It :: 11 > 1 '"':: :.
2. Rescinds the following chapter of the 1980 General Plan: VIII Circulation
Element (Chapter III of Updated General Plan)
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Attorney
Art Montandon added a matter of pending litigation to the Closed Session entitled,
City v. Fluitt, pursuant to Government Code Section 54956.9(a).
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The meeting was adjourned to Closed Session at 11:18 p.m.
MINUTES RECORDED AND PREPARED BY:
LEE RABOI , City Clerk
Attachment: Exhibit A (Fahsing)
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EXHIBIT "A"
Page 1
Atascadero City Council , Tuesday, June 8, 1993
PUBLIC HEARING: C. 1 . Surface Mining & Reclamation Act.
Daphne Fahsing, 5105 Llano Road
There are several people here tonight from the Millhollin
Quarry neighborhood. Several more people would have attended, but
are either out of town or on vacation.
Also, it 's been brought to my notice that very few people
were even notified of this meeting. Attached to your staff report
are copies of three letters written last February in response to
the Surface Mining Report; plus 33 people signed the form letter
(which is the fourth letter submitted. ) None of the people who
wrote these letters, for the public record, other than Rose
Flaherty and myself, received notice of this meeting.
I know you want expert testimony and documentation of the
problems we see in this quarry. But we are not experts, and some
people are reluctant to speak because they think you'll just brush
them off. I know this isn't true. I've been up here enough times
that you know I'm no expert and I just tell you what I feel. And
you have always listened with courtesy and understanding, and
sometimes I 've even been able to convince you that I'm right!
8o as, I said, we are' not experts. ' We are just the victims
who mint live _.. _
e with noise, dust, pollution, traffic hazards and
PossiblY toxic emissions leaking into the ground and into Graves
Creek; and this ugly scar in our neighborhood.
Rose Flaherty, in her letter attached to your staff report,
s3% S t at "People in the neighborhood are experiencing health
roblems with unknown origins, " and she wonders if her father's
sudden illness and death could have resulted from this source,
er-arcs fram fromhis frustration in his almost three year, one-man
Cam.=aizzn , to get attention from County and City officials to take
:. ;o: :o close this mine,
contd. . . . . . . . . . . . .
00003.
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EXHIBIT "A"
Page 2
Daphne Fahsing - SMARA Public Hearing. . . . . .page 2
w
Frankly, I am angry that an industrial operation of this
magnitude has been allowed to continue in a rural residential
neighborhood. I became really angry that morning in early May when
the bulldozers were beeping away all day removing the top of the
hill - which one county official has said he'll not be satisfied
until it is down to the ground.
Staff admits that it is incompatible, that the reclamation
plan is inadequate, that it was approved by the County in 1980 "in
error" and without the required public hearing, (which I interpret
as being "illegal" ) , and yet they recommend to you that this mine
remain open for seven more years and the hill which now protects
our valley be levelled, which I believe would change the climate of
our valley.
No environmental study was ever made, and none is now
required. If this were anew application I'm sure it could never
be approved today.
ert who may ver well have given his
On behalf of John Flaherty, y y
life fighting for the closure of this quarry, I ask that the City
declare the 1,4allhollin Mine a Public Nuisance, under SMARA Section
2715 and a threat to the health and safety of the neighborhood`
and order immediate closure with the site returned to its original
vegetative state without removal of any more material from the site.
pt 4
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