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County's legal position. There needg to be an interactive process that affords Granite Construction Company the ability to make changes and respond to legitimate concerns, and the Company has not been givenithat opportunity. The redress that Granite Construction Company has afforded to eliminate the impacts is costly, and it has been done efficiently and quickly. The odor system that Granite Construction Company has purchased and wants to install is sittihg on the ground because the County has not issued a building permit. She believed there was no trigger to require the CEQA process, and any CEQA objection to the exempti6n for that permit was required to be raised within six months at the beginning of operationl of that facility. There was no challenge and as a matter of law, there is no additional CEQA review that can be conducted. Granite Construction Company wants to partner with both the City and the County and develop a means to address legitimate concernS. In response to an inquiry by Mr. Campbell, Ms. Matarazzo noted that she was referring to the Constitution. In order to be able to eliminate this facility, Council needs to make a determination that operation of this facility is a public nuisance. Under State law, that is a factual determination that must be supported by a preponderance of the evidence. In response to an inquiry by Mr. Campbell, Ms. Matarazzo said there is case law that backs up her position, which is cited in the July 14, 2004 letter that Granite Construction Company's counsel presented to the Planning Commission. M.J. Dunlap, Director of Safety for Operating Engineers, Local 3, referenced the Williams-Steiger Occupational Safety and Health Act of 1970. He noted that this Act is the OSHA standard for the construction industry, which assures safe and healthful working conditions for the work force. He noted that the plant is safe for the workers without hearing protection, as the soflnds falls under the 85 dBA limit. He pointed out that the workers do not need to use a'respirator, as there are not enough petroleum fumes given off at any point in the plant that can be breathed. In his opinion, there would not be enough petroleum fumes on the other side of the berm and creek, the school site, and Vineyard Avenue. He pointed out ~at this facility is a state-of-the-art plant that is capable of making recycled asphalt. Tomi Van de Brooke, Directgr of Land Use Policy for the California Alliance for Jobs, encouraged Council to engage in a dialogue with Granite Construction Company and the residents who have concernsiabout the facility, and to work with Granite Construction Company to find a solution that will address the community's concerns and not shut this facility down. She pointed out that this site has been used for industrial uses since the 1950's. The current land use permit allows for the asphalt plant to be located on this site. Granite Construction Company worked in good faith to follow the permitting process laid out by the County and received the appropriate permits from the County and the Bay Area Air Quality Management District. Granite Construction Company invested over $4 million dollars in a state-of-the-art new plant based on the process they were told to follow. Shutting down this new facility after only two years would be tragic. Granite Construction Company produces the~asphalt that is used to pave local streets and roads, Pleasanton City Council 6 08/03/04 Minutes