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HomeMy WebLinkAboutMinutes 092794 Approved as Submitted Meeting Date: 10/11/94 ATASCADERO CITY COUNCIL SEPTEMBER 27, 1994 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Highland, Johnson, Luna and Mayor Bewley Absent: Councilmember Carden Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Lt. Bill Watton, Police Department and John Neil, Assistant City Engineer COUNCIL COMMENTS: Mayor Bewley announced that the Spanish Talgo tilt train was scheduled to pass through the North County on the weekend of October 1-2. He noted that Paso Robles City Councilman (and President, Council of Governments) Chris Iversen was looking for passengers. PROCLAMATION: Mayor Bewley presented the proclamation for "Domestic Violence Awareness Month" (North County Women's Resource Center) to Eileen Allan, Director. COMMUNITY FORUM: Rush Kolemaine, Potrero Road resident, read his letter to the Editor of Atascadero News published Friday, September 23, 1994 urging Council to expedite "Safe Routes CC09/27/94 Page 1 to School" projects. Eileen Allan, Director of the North County Womens' Shelter, expressed appreciation to the City Council for continued commitment and support of the Womens' Shelter. Former Councilperson Bonita Borgeson, 7480 Del Rio Road, explained that the "Safe Routes to School" program remains a concern to her and outlined past accomplishments towards the effort. She asserted that it is up to the School District to initiate the plan, obtain endorsement from Caltrans and seek ultimate approval by the City Council. Tony Kujawa, Atascadero Avenue resident,expressed concern regarding drainage run- off relating to new development. Henry Engen asked the speaker to contact John Neil who is monitoring the project to ensure that drainage does not become a problem. Michael Kovacs, south Atascadero, inquired as to who is monitoring Atascadero's #1 status for places to live in America. The Mayor asked the speaker to contact the City Manager. Paula Ingram, 8475 Portola Road, submitted a request that the Council initiate a general plan amendment to increase the density of four parcels on Portola Road (see Exhibit B). Henry Engen reported that the deadline for applications for general plan amendments is October 1 st. He noted that the property owners are seeking to have the City initiate the general plan amendment and reminded the Council that they cannot act on such a request because the matter is not on the agenda. Roger Kolbo, 8955 Carmelita Avenue, indicated that he desires to split his lot and protests the $1 ,200 fee required to seek application. Henry Engen reported that a General Plan amendment and re-zoning would be necessary before the lot split could be granted. He added that the proposal would have to go through the State- mandated hearing procedure. The Mayor suggested that Mr. Kolbo contact Mr. Engen for further information. Rush Kolemaine debated comments provided by Bonita Borgeson. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - August 9, 1994 (Cont'd from 9/13/94) 2. CITY COUNCIL MINUTES - August 23, 1994 (Cont'd from 9/13/94) 3. CITY COUNCIL MINUTES - August 25, 1994 (EI Paso de Robles/Atascadero Councils Joint Meeting) (Cont'd from 9/13/94) CC09/27/94 Page 2 4. CITY COUNCIL MINUTES - August 30, 1994 (Special Meeting) (Cont'd from 9/13/94) 5. CITY COUNCIL MINUTES - September 8, 1994 (Special Meeting) 6. CITY COUNCIL MINUTES - September 13, 1994 7. CITY TREASURER'S REPORT - July, 1994 8. TENTATIVE PARCEL MAP 94001, 8500 PORTOLA ROAD - Consideration of a tentative parcel map application to divide an existing 1 .35-acre (gross) lot into two parcels of 0.54 and 0.68 acres (net) for single family residential use (Maxson/Wilson Land Surveys) 9. TENTATIVE PARCEL MAP 93001, 4805 &5205 CARRIZO ROAD -Acceptance of final parcel map to subdivide two existing lots containing 10.75 acres into four parcels containing 2.63 acres, 2.64, 2.68 and 2.77 acres (Hawkins/Wilson Land Surveys) 10. RESOLUTION NO. 104-94 - CalTrans seismic projects and impact on local projects Micki Korba pulled Item #A-6. Councilman Luna pulled Items #A-8 & 10. MOTION: By Councilman Johnson, seconded by Councilman Luna to approve the Consent Calendar, Items #A-1 through 5, 7 & 9; motion carried 4:0 by roll call vote. Re: Item #6. CITY COUNCIL MINUTES - September 13, 1994 Micki Korba asked that page 2 of the Minutes of September 13th be amended to reflect that a check for $2,000 towards the purchase of Stadium Park presented to the City by Marj Mackey was reclaimed. The check, she added, was made out to the Atascadero Historical Society and the money was not put into the City's bank account. MOTION: By Councilman Johnson, seconded by Councilman Highland to approve the Minutes, as amended; motion passed unanimously. Re: Item #8. TENTATIVE PARCEL MAP 94001, 8500 PORTOLA ROAD - Consideration of a tentative parcel map application to divide an existing 1 .35-acre (gross) lot into two parcels of 0.54 and 0.68 acres (net) for single family residential use (Maxson/Wilson Land Surveys) CC09/27/94 Page 3 Councilman Luna indicated that he could not support the recommendation to approve the Revised Conditions of Approval because #17 regarding road improvements was eliminated by the Planning Commission. He asserted that the road will eventually fail and the taxpayers will be come responsible for the cost. Councilman Highland agreed and spoke in favor of requiring the road improvements now to prevent problems in the future. Henry Engen responded to questions from the Council. He suggested that if the Council is not inclined to approve the Planning Commission recommendation it agree to continue the matter for public hearing. Public Comments: Marcella Maxson, 8500 Portola, applicant spoke in support of the tentative parcel map and explained the background behind the request. She pointed out that if the road is widened a large oak tree will be most likely be struck by a motorist and cautioned that this may not be safe. Mayor Bewley asked staff if this issue had been studied. Henry Engen reported that the City Engineer had reviewed it and recommends the condition because it is the cross-section standard for a minor arterial. ---End of Public Testimony--- Councilman Luna asked the City Attorney if development fees can be collected and put into a fund in lieu of widening the street for later use, if and when the necessity to widen the street becomes a reality. Art Montandon advised that this could be done after making certain findings regarding creating a fee. He stated that the funds could only be used to finance certain capital improvements and added that if they are not used within five years they must be given back. The City Attorney reported that the process to establish the fund would take 120 days to complete. Councilman Luna spoke in favor of creating such a fund. Mayor Bewley agreed. Councilman Johnson remarked that he could not support a condition requiring that the road be widened in just that one area because it would result in a "balloon" effect. He said he was willing, however, to go along with the Planning Commission's recommendation. He agreed that there is a need to establish a development fund as proposed by Councilman Luna for the future. Councilman Luna asked the City Attorney what could be done in this particular case. Art Montandon suggested that a condition be added that would require dedication and a subdivision development agreement that would either require that dedication improvements be constructed or, in the alternative, fees (when adopted) could be paid in the required amount to mitigate traffic impacts caused by the subdivision. He added that in the future the dedication requirement could be replaced with the fees and the subdivision agreement would then become void. Councilmembers Luna and Johnson indicated that they could support this recommendation. Staff proposed, CC09/27/94 Page 4 because of this new condition, that the matter be scheduled for a public hearing on October 11 , 1994. Motion: By Councilman Highland, seconded by Councilman Luna to continue to the matter to the next meeting; motion carried unanimously. Re: Item #10. RESOLUTION NO. 104-94 - CalTrans seismic projects and impact on local projects Councilman Luna objected to the resolution, as proposed,stating that California voters turned down a two-millon dollar bond measure to retrofit infrastructure damaged by earthquakes. He added that he could not support sending a message to Sacramento urging the creation of a financing mechanism that will raise taxes. Councilman Johnson spoke in favor of adopting the resolution because funding for local projects (as well as other areas in the State) will be siphoned off in order to construct seismic retrofit in earthquake stricken areas of Los Angeles and San Francisco. Public Comments: Eric Greening, representing the 5th district Citizens Transportation Advisory Committee, proclaimed the resolution ill-timed and inappropriate and cautioned that this type of pressure will not inspire wise decisions. He proposed several revisions to the resolution and suggested that the Council engage in dialogue about what projects it can and cannot do without. Motion: By Councilman Highland, seconded by Councilman Johnson to adopt resolution; motion passed 3:1 by roll call vote (Councilmember Luna opposed). At approximately 7:55 p.m., Mayor Bewley called a break. At 8:10 p.m., the meeting resumed. B. PUBLIC HEARINGS: 1. MILLHOLLIN QUARRY - Status of financial assurances and revised reclamation plan, pursuant to 12/14/94 Council action Gary Kaiser provided an overview of the history of the mine, regulation of surface mining and the extension of the revised reclamation plan. He reported that there is a lack of operational restrictions and there has never been an Environmental Impact Report completed for the quarry site. Mr. Kaiser explained that while the property owner, Mr. Glenn Millhollin, agreed to suspend operations during negotiations in December of 1993, he did not waive his vested rights to mine the quarry. He summarized neighborhood concerns and the proposed interim operations agreement CC09/27/94 Page 5 submitted by the County Engineering Department. Mr. Kaiser also reported that Mr. Millhollin had contracted with Omni Design Group, who has prepared a conceptual plan superior to the existing reclamation plan for the quarry. Art Montandon explained that the City of Atascadero inherited a vague reclamation plan and noted that staff has provided the Council with options to address citizen complaints regarding mining operations. He advised that Mr. Millhollin asserts he has a legal vested right to mine and has legal obligations to the County. The County has expressed the need for a continued affordable and accessible supply of gravel to build and maintain County roads. Mr. Montandon outlined an alternative interim operations agreement and contrasted it with the one submitted by the County Engineering Department. He explained that the agreement proposed requires Mr. Millhollin to complete his application for an amended reclamation plan and/or other development approval within ninety days of the effective date of the agreement. The City, he added, shall process the application without unreasonable delay. The City Attorney noted that the term of the interim agreement shall be eight months and operating conditions are outlined in Exhibit "A" of the agreement. With the exception of the hours of operations, he said, the County is in agreement with the proposed standards he has presented. In conclusion, Mr. Montandon pointed out that the agreement is a result of an attempt by staff to gain consensus of all parties involved. Councilman Luna expressed disappointment because the City is sixteen months into the process, the 1980 reclamation plan has been determined inadequate and the Council still does not have revised reclamation plan to review. He pointed out that the City does not know what the life of the mine is and asserted that it is hard to approve an operational plan without knowing what the eventual status of the mine will be. In addition, Councilman Luna objected to the 15,000 cubic yards cap for removal of material, as proposed in the interim operations agreement, and remarked that the City should allow no more than 7,000 cubic yards to be removed per year as outlined in Mr. Millhollin's 1980 plan. Councilman Luna asked if there was any attempt by staff to address the sale price of the material. Gary Kaiser reported that staff had not attempted to negotiate that issue. Art Montandon reiterated that staff aspired to gain a consensus to move the project forward to establish a development or reclamation plan and to give the City more authority to regulate operations. He added that the 7,000 cubic yards figure referred to in the 1980 application represents what cubic yards were removed historically from that site. Mr. Montandon noted that if the application was approved (and it is difficult to tell whether or not it was), the 7,000 cubic yards historical use would be exempt from the reclamation plan because they were removed before State legislation was enacted. He stated that the County did not, in his opinion, succinctly set a 7,000 cubic yard limit. He said that the reclamation plan, on the other hand, never contemplated the extraction of materials at the speed that it was extracted CC09/27/94 Page 6 some months ago and because of that speed of extraction the City can require an amended reclamation plan. Councilman Luna inquired whether or not the revised reclamation plan will contain a provision for funds to cover the City's cost. Art Montandon reported that with the exception of processing fees which the City will receive, staff has not looked at an on-going royalty for extraction and monitoring costs, but added that staff will take that tack if Council so directs. Councilman Luna indicated that he would like to see this issue explored. In response to further inquiry from Councilman Luna, the City Attorney advised that the City Council does not have to make a finding that the interim operations agreement is consistent with the General Plan. He explained that the final reclamation plan will have to be found consistent with the General Plan, City ordinances, standards and policies. Mr. Montandon also confirmed that the Council is not being asked to make a finding that the conceptual illustration is consistent with the General Plan. Staff believes, he noted, that the extraction of 15,000 more cubic yards will not significantly impact the site that much more. He reported that 6,000 yards have already been knocked down from the hillside to date and predicted that the actual excavation will be less than 10,000 yards. The City Attorney pointed out that the operator will have to get a tree removal permit to take down any more trees. Councilman Johnson asked if the County operates the mine year-round. Gary Kaiser reported that the pattern has been to extract materials from October to May and added that most of what has been taken annually comes out during those months. Public Comments: Attorney John Belsher spoke on behalf of Glenn Millhollin, who was ill and unable to be present. He mentioned that John Larson, Environmental Specialist, and Bruce Elster of Omni Design Group were also present. Mr. Belsher explained that the negotiations process has taken some time but noted that there had been no delays on the part of the City. He stated that the mine has been shut down for quite some time, but some agreement has now been reached and common goals have been identified. Mr. Belsher commented in favor of approving the interim operational agreement because it allows continued progress. He stated that all parties have agreed that everyone has some rights to protect and the neighbors have agreed that it is better to have one operator (although Mr. Millhollin would prefer to have more, he added). Mr. Elster demonstrated the conceptual plan for the site with overhead transparencies. He illustrated the proposed topography and explained how access will be provided. Mr. Belsher asked if he could reserve the right to conclude his statements after all other public testimony has been received. Mayor Bewley indicated that this would be CC09/27/94 Page 7 permissable. Public Comments: Marcia Torgerson, 6200 Llano Road, announced that she wished to address the item but was offering her 5-minute time period to Rose Flaherty. Rose Flaherty, 203 Santa Rosa Road in Templeton, indicated that she was speaking on behalf of neighborhood residents and read a prepared statement (see Exhibit B) requesting a 30-day continuance. Gayle Swazey of Atascadero urged the Council to stop the mine. ---End of Public Testimony--- Councilman Highland asked the City Attorney what options are open to the Council and what are the likely consequences of each option. Art Montandon advised that if the Council chooses not to accept either interim operational plan, matters will return to where they were in December of 1993. He indicated that the City may be obligated to pursue the matter in court and predicted that if it is defeated, the City may lose all control over the operations of the mine. He reiterated that cooperation is needed by all parties. Councilman Highland asked what the likelihood is of the County resuming operations by October 1 , 1994. John Belsher responded that, although he hopes not to have to face that kind of decision, Mr. Millhollin will see no reason to continue working on the revised reclamation plan and will resume his business agreement already in affect. He restated that the owner is willing to meet the terms set forth in the interim operational plan. Councilman Johnson pointed out that if the Council fails to enter into an agreement tonight, it may lose the opportunity to acquire some control over the mining operations. He spoke in favor of approving the interim operations agreement and continue, during the next eight months, negotiating for a permanent plan that will address all concerns. Councilman Highland and Mayor Bewley agreed. Councilman Luna proclaimed that the Council does not have enough information to approve the interim operational plan. He stated that although he would like to approve it, he cannot, and suggested that the judicial system may be the only way to resolve this issue. John Belsher offered final comments in support of approving the interim operational plan. He requested that the County's request for operating hours (8:00 a.m. to 5:00 p.m.) be approved. CC09/27/94 Page 8 Councilmembers Highland and Luna spoke in favor of giving consideration to the neighborhood's requests as outlined in the neighborhood statement, as submitted by Ms. Flaherty's. Andy Takata suggested that the Council take a break to allow staff and Mr. Millhollin's legal counsel to confer. By mutual consent, the Council recessed at 9:40 p.m. At 10.00 p.m., the meeting reconvened. Gary Kaiser summarized consideration given to the eight requirements listed in the neighborhood statement (see page 2 of Exhibit A) requested for inclusion into the interim operations agreement. Item #1: Discussed but there was not agreement to include. Item #2: Agreed to include language, "compliance with Air Pollution Control District requirements will be maintained throughout operations" (wording to that effect). Item #3: Agreed to include language mandating full compliance with California Highway Patrol regulations relative to the covering of loaded vehicles. Item #4: Agreed to prohibit any off-street parking along Santa Lucia Road; no agreement to regulate the number of trucks within the quarry. Item #5: It was determined that there is not a need to include a weight limit on the Graves Creek bridge in the interim operations agreement. Mr. Kaiser noted that this issue can be addressed as part of the review of the revised reclamation plan. Item #6: Since no new areas are anticipated to be disturbed substantially during the next eight months, no need was determined to require stockpiling of topsoil. Mr. Kaiser noted that this issue will be looked at when long-term plans are reviewed. Item #7: The County agreed to restrict operations to the hours of 8:30 and 3:30 with an additional provision that they will coordinate with the Unified School District to coincide their noon time break (12-12:30 p.m.) with the kindergarten [school bus] drop-offs. Item #8: The County agrees to warning signs with flashing lights and to instruct drivers to drive with their headlights on into and out of the quarry site. Mr. Kaiser noted that additional language will be included that the location of warning signs will be subject to constant review and approval of the City. Mr. Kaiser noted that the above-referenced revisions will affect only Exhibit A of the CC09/27/94 Page 9 Interim Operations Agreement. MOTION: By Councilman Johnson, seconded by Councilman Highland to accept the interim operational plan as amended. Discussion on the motion: Councilman Highland asked for confirmation as to the termination date of the interim operations agreement. The City Attorney confirmed that the agreement will expire at the end of May 1995. Councilman Johnson urged timely review of all concerns expressed for possible inclusion into a longer term agreement and expressed concern that a window of opportunity not be lost. Councilman Highland proclaimed that he will not vote to extend the interim operations agreement at the end of eight months if there is no substantial final agreement to approve. Councilman Johnson pointed out that the interim operations agreement requires the owner to forward his application for an amended reclamation plan within 90 days. Vote on the Motion: Motion to approve the amended interim operations agreement passed 3:1 by roll call vote (Councilmember Luna in opposition). 2. RESOLUTION NO. 103-94 - Entering into a public extension reimbursement agreement with In-N-Out Burger Corporation Henry Engen provided the staff report and recommendation to approve. He provided clarification of zoning and the area affected and confirmed that there will be no cost (other than accepting and maintaining the lines and lift station over the years) to the general taxpayer. Councilman Luna indicated that he was concerned that the fourteenth amendment right be protected and asked staff if this item was, in effect, the protest hearing. Mr. Engen responded that it was and noted that only new development would be required to hook-up because of the proximity of the sewer. Mr. Engen noted that this kind of arrangement is being proposed to be the model for future assessment districts where the developer puts in the improvements per City plans and then seeks reimbursement from those who might benefit. Councilman Luna inquired if staff is updating the cumulative impact to the City's wastewater treatment plant. Mr. Engen noted that in this particular case, the 5,000 gallons per day capacity of the lift station is the trigger; the City cannot accept uses that will contribute more than the limit. Public Comments: Eric Greening, 7365 Valle, reiterated a previous statement that he feels the City does not have an overall policy for acquisition of public improvements. He declared that the proposal makes him uncomfortable and speculated that it may set an undesirable CC09/27/94 Page 10 precedent. Mike Borgeson, 4780 Del Rio Road, urged the Council to ensure that work be completed in a cost-effective manner. He observed that the costs were not checked or under any control of the City and yet those costs are now being passed on to others. He suggested that the City Council install some measures to protect the residents. Mr. Borgeson speculated that zoning may change in the future and wondered if this concept will be made easier without the due process of public hearings. ---End of Public Testimony--- MOTION: By Councilman Highland, seconded by Councilman Johnson to adopt Resolution No. 103-94; motion carried 4:0 by roll call vote. 3. REQUEST TO AMEND THE ZONING TEXT TO ALLOW "BUSINESS AND VOCA- TIONAL SCHOOLS" IN THE COMMERCIAL PROFESSIONAL ZONE (John Shahan): A. Ordinance No. 281 - Amending the official Zoning Ordinance text to allow "business and vocational schools" in the Commercial Professional (CP) Zones (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Henry Engen provided the staff report and recommendation to approve the zone change and introduce Ordinance No. 281 by title only. There were no questions or comments from the Council. Public Comments: Diana Bacon, 9025 Pajaro Lane, spoke in support of the proposed re-zoning and encouraged the Council to support a local dance studio that serves the community better than a roadside stand would. ---End of Public Testimony--- MOTION: By Councilman Luna, seconded by Councilman Highland to waive reading in full of Ordinance No. 281 and read by title only; motion carried unanimously by simple voice vote. MOTION: By Councilman Luna, seconded by Councilman Highland to introduce Ordinance No. 281 ; motion carried 4:0. C. REGULAR BUSINESS: CC09/27/94 Page 11 1. DESIGNATE COUNCIL VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE By mutual consent, the Mayor was appointed the Voting Delegate; Councilman Highland was appointed First Alternate and Councilman Johnson was appointed Second Alternate. D. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): 1. Economic Round Table - Councilman Johnson reported that the round table had received a briefing from Koert/Palmer Associates. The study speculates that the City can support the Factory Outlet based on clothing needs alone. Other members of Council expressed interest in receiving a copy if the report. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Highland suggested that members of Council study Attachment D, pages 10 - 12 of the Salinas River Plan Update, noting that the mitigation measures proposed may be of concern to Atascadero. Mayor Bewley commented that he heard that the new Ralph Lauren factory outlet store brought in over $30,000 during the first weekend they were open. 2. City Clerk Lee Price mentioned that November 3, 1994 at 7:00 p.m. has tentatively been selected as the date for the next "North County Summit" and will be held at the Paso Robles High School Multi-Purpose Room. She indicated that she would appreciate input regarding the tentative list of individuals and groups to receive notification of the meeting. Andy Takata explained that further discussion is needed to determine who will sit at the table. 3. City Treasurer Micki Korba reported that she anticipates that the August City Treasurer's Report will be on the next agenda. 4. City Manager Andy Takata provided an overview of the next meeting agenda. He suggested that the City Council give some consideration to postponing the October 25, 1994 meeting because of the League of California Cities Annual Conference. CC09/27/94 Page 12 F. CLOSED SESSION: At 10:44 p.m., the meeting was adjourned to Closed Session for purposes of: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Name of case: Hart v. City Closed Session was adjourned at 11 :08 p.m. The City Attorney announced that the City Council discussed the case with counsel but did not enter into any settlement agreement. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, OCTOBER 11, 1994 AT 7:00 P.M. MINU RECO D AND PREPARED BY: LEE PRICE, City Clerk Attachment: Exhibit A - (Flaherty) Exhibit B - (Ingram) CC09/27/94 Page 13 CC 09/27/94 EXHIBIT A Page 1 I am speaking to you on behalf of a large group of citizens who are deeply concerned about the impacts of an Interim Operations Agreement and the subsequent mining operation at the Millhollin Quarry and the effect it will have on our lives. Instead of all of us speaking individually about the concerns that we have expressed repeatedly to the City in the past, we have decided as a group to have one speaker represent the group tonight. However, before I begin, I would like to ask those persons who have attended this evenings meeting because they are concerned about this Quarry to please stand up now. First of all, we feel the City is not ready to make a decision on this issue because they have not acquired enough information about the following areas of concern: 1 . Negative environmental impacts including: the pollution of Graves Creek, disruption of wildlife habitat, diesel fumes and dust's effect on air quality, noise pollution and climatic changes due to ridge reduction. 2. Loss of neighboring property value. 3. Truck related hazards including: declining bridge condition, children's safety and welfare within their own neighborhood, increased risk of accidents on city roads due to size and frequency of trucks and the accelerated deterioration of City roads. 4. Disruption of the social welfare including: stress-induced health problems, fear and anxiety about the future of this neighborhood and a growing mistrust of our governing institutions, The Interim Operations Agreement is illegal for the following reasons: 1 . This interim Operations Agreement is a project under the California Environmental duality Act also known as CEQA as defined by Section 15378 of the CEQA Guidelines and does not fall within the Class 7, 8 or 21 exemptions as indicated on page 2 of the Agreement or any other exemption listed. 2. The Interim Operations Agreement violates the provisions of the Surface Mining and Reclamation Act of 1975 also known as SMARA specifically Section 2777 of the Public Resources Code. 3. The provisions of the 1980 Reclamation Plan specifically indicate that 67,000 cubic yards will be removed from the mine during its entire lifetime. This amount has already been reached and the Interim Operations Agreement would exceed the limit specified in the 1980 Reclamation Plan. 4. Without waiving our rights to argue that Mr. Millhollin has no vested rights in this mine at all, historical usage, SMARA, and the 1980 Reclamation Plan application would give Mr. Millhollin a vested right CC 179/27/94 EXHIBIT A Page 2 of no more than 7,000 cubic yards per year. The Interim Operations Agreement would allow Mr. Milihollin more than he is entitled to under the provisions of statutory or common law. 5. There is insufficient evidence in the record or disseminated to the public indicating what Mr. Millhollin's vested rights under SMARA actually are. Therefore, we are requesting that the City and/or County provide us with a full documentation showing the yearly excavation and/or purchase of rock from the Millhollin Quarry from 1945 to the present. 6. If the City fails to perform its duties under CEQA or SMARA, we will look into getting a Temporary Restraining Order from the Superior Court. Without waiving our objections to this proposed Interim Operations Agreement, we submit the following list of requirements which we feel need to be addressed within the Agreement: 1. Objective monitoring of the County's mining progress to insure their compliance with the interim Operations Agreement. 2. Proper on-site dust abatement. According to EPA standards, relying on rain alone does not qualify as dust control. 3. Gravel-loads must be covered on trucks upon leaving the Quarry site. 4. There should be a limit as to the number of trucks allowed in the staging area at one time, and no trucks shall be allowed to park on Santa Lucia Road while waiting to access the Quarry. 5. Due to declining condition of Graves Creek bridge, weight limits on trucks meed to be closely monitored. For example, a load of wet rock weighs substantially more than a load of dry rock. 6. Topsoil must be stockpiled and covered on-site. 7. Trucks which'haul gravel, whether empty or not, shall traverse Santa Lucia Road only between the hours of 9:00 a.m. and 12:00 p.m., and 1:00 p.m. and 2:30 p.m. Although we appreciate relocating the school bus stops so that children will not have to cross the Graves Creek Bridge, there will still be children all along the truck route. The reason for the additional 12 - 1 break is to accommodate the kindergartners coming home from school at midday. 8. Flagpersons controlling traffic on either side of Quarry entrance to insure safety of drivers on road when trucks are pulling out. CC 09/27/94 EXHIBIT A Page 3 We received our notices for the September 16th. neighborhood meeting on September 10th. which is only a 6 day notice. Not only were we given insufficient notice but the meeting was scheduled on a Friday night, which was very inconvenient for many people. We are also aware of some people who live within 300 feet of the Quarry and were on the list from the June 22nd meeting who did not get a notice for the September 16th. meeting. The September 16th. meeting was the first opportunity the citizens were given to review the proposed Interim Operations Agreement. That was only 10 days ago. The actual interim Operations Agreement drafted by the City Attorney was only made available to you, the City Council, within the last 24 hours; and to the public shortly before this meeting. We feel that this Interim Operations Agreement does not adequately address many of our legitimate concerns. We feel that all parties have not had sufficient time to adequately review this proposed agreement. After the September 16th. meeting, and because of our increasing doubts that the City is acting in our best interests, a portion of those who stood up a few minutes ago, have felt forced to seek outside legal counsel to insure that any app and/or agreement be in accordance with the law. We have had one week to find an attorney, relay the enormous amount of information involved in this case to that attorney, have that attorney review all that information and have that attorney advise us. One week has simply not been enough time to accomplish this. Therefore, we are respectfully asking for a 30 day continuance of this agenda item. A continuance would not only give us much needed time but also would give you, the Council, additional time to thoroughly review this complex issue. Rose Flaherty 203 Santa Rosa Creek Road Templeton CC 9/27/94 EXHIBIT B Page l September 27, 1994 SEP 2 v► i CITY O KG'S OFFIICE } Members of the Atascadero City Council Dear Sirs and Madam: The four property owners named below would like to request the City Council to consider the initiation and approval of an amendment to the General Plan that would increase the allowable density of our four parcels. We are located in an area of one acre zoning which borders one half acre zoning in a very angular manner. Within this area of one acre zoning, there are many smaller parcels,some at.40 acre. Within the last six months,several parcels in our area have taken advantage of their one half acre zoning to develop homes on these smaller lots. We feel that the topography and nature of the neighborhood make it suitable for a greater density than is currently zoned. We also feel that the development fees and building fees paid to the City over the course of time will help the City's financial situation. Respectfully submitted, W.R.and Paula K.Ingram 8475 Portola Road Charles Tagawa Agnes Dougherty 8405 Portola Road Albin and Leona Becica 8480 Portola:Road Valentino and Marge Ruisi 8490 Portola Road CC 9/Z7/94 EXHIBIT B '� •`,>- age 2 ` y o 'P, 4 f g s ,► 4w o D ✓ L{� 44 t yy1 R a O e' 6+ 104 ♦ .' n*I t J• ty O a _ � ® z Ave 4 • '�. O E t OD