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r~iser had offered the use of their north and west bound lanes to Lone Star but that Lone Star had refused the offer because of possible adverse consideration by the Federal Land and Trust laws. He stated that a trust fund could be established by the City to maintain E1 Charro Road, and he felt that Kaiser and the other gravel companies should each contribute $50,000 per year to this fund. Mr. Heck thanked the Mayor, Supervisor Raymond, and other members of the Committee for their efforts in trying to resolve this problem. Mr. Bill Downing, representing Rhodes Jamieson Company, stated this firm is in concurrence with Kaiser's presentation. He stated that Rhodes Jamieson o~ns a small section of E1 Charro Road, and they are willing to permit Lone Star to use that road based on some kind of pro-rata for maintenance, such as presented by Kaiser. Mr. Downing urged the City to complete the Bernal Avenue Extension and stated that the gravel companies would contribute the materials at cost. He requested Council to consider the possibility of rezoning the eastern side of First Street to business office and commercial. He also suggested a payment to the City on a per ton basis on a recurring basis of 2-2½¢ per ton. Mr. Tony deMaria, Attorney representing Lone Star Industries, stated that problems had developed in the negotiations between Lone Star and its competitors with anti-trust problems. He stated that Lone Star objects to the passage of the weight limitation ordinance and feel that it is unconstitutional. The City Attorney presented his report (SR 80:292) dated 10-8-80, regarding this matter. He stated that before the Council tonight is a resolution certifying the Environmental Impact Report and the draft ordinance introduced on June 12, 1979. Following the public hearing if the Council chooses Mr. Levine recommended adopting the resolution certifying the Environmental Impact Report. Mr. Levine advised that staff would like to make a proposed modification the the draft ordi- nance. The proposed ordinance studied by this Environmental Impact Report would have the effect of banning two of the three gravel companies operating east of the City from the First Street-Sunol Boulevard corridor. The staff's initial informa- tion indicated this would have left approximately 30% of the traffic, the amount staff believed was generated by Lone Star on First Street. The information sub- mitted by the gravel companies since that time indicates that in fact nearly 57% of the traffic last year was generated by Lone Star. Thus, the environmental bene- fits of the proposed ordinance are far more limited than originally believed. While reduction of the traffic by 43% would in fact decrease the noise, pollution, and safety hazard 8f truck traffic, according to the draft Environmental Impact Report it would not do so in a manner which would be considered significantly beneficial. The underlying theory of the proposed ordinance was that Kaiser and Rhodes and Jamieson would be willing to make E1 Charro Road available to Lone Star if Lone Star were given a permit to use First Street; and the ordinance was drafted in a manner that would allow the City of bar Lone Star if an alternate route were made available to them by Kaiser and Rhodes & Jamieson. In view of the inability of the gravel companies to come up with a suitable alternative plan during the last sixty days of negotiations with the City, and in view of the fact that Lone Star has a larger portion of the traffic on First Street than previously believed, the City staff would make the following recommendation: That the Council not take action on the proposed ordinance tonight, but instead instruct the staff to prepare an alternate ordinance which would ban all commercial traffic over 16,000 pounds from First Street and Sunol Boulevard eliminating the special permit for Lone Star. In order to consider such an ordinance, the City must again give sixty days notice pursuant to the Vehicle Code. A public hearing could be held at any time after December 19, 1980. Mr. Levine recommended that the Council call such a hearing and instruct staff to prepare an ordinance described above to the end that the City would prohibit all truck traffic on First Street. 4. 10/14/80