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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. CC 06/08/93 Page 1 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. CC 06/08/93 Page 2 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. CC 06/08/93 Page 3 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) CC 06/08/93 Page 4 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. CC 06/08/93 Page 5 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. CC 06/08/93 Page 6 ---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. CC 06/08/93 Page 7 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. CC 06/08/93 Page 8 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. CC 06/08/93 Page 9 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: NOONAN INI v.:.i:.::::n:�:::xi:: :::i: :. :''r::i::i::i::i::i::ii::i::i::i::iii::i::i:{;{v}}i;....{...•:.i:...:.......i:.......:i:f.;...:... ....:..:.....:.Y....:::i:::"`:j Y...•:;.....:......; ma�yy''// ..��l1{� :::>:::::$>:::}:>:'�.” � .p:��:•:#•.l`::> y CC 06/08/93 Page 10 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. CC 06/08/93 Page 11 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); CC 06/08/93 Page 12 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). CC 06/08/93 Page 13 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) CC 06/08/93 Page 14 CC 6/8/93 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. r CC 6/8/93 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 - a a .. 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