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i Santa Clara County Board of Supervisors Ti ul Mulligan,Vector Control Manager Jauuaryy 13,2003 Page 3 several drafts before a satisfactory plan is achieved to complete the same. This County request for an IMP alight require more than a 30-day extension. I have spoken with Supervisor Gage's office and he supports the continuance of this Appeal Hearing based on the facts and circumstances set forth above. In his written correspondence to me late last week,Mr.Mulligan advised me that the County was going to continue to use the 50 fly count as the enforcement standard and invited I& Olivers to demonstrate why that number was not appropriate. Obviously,I have not been given adequate time to contact the necessary experts and review the data with them in order to properly evaluate the County's 50 Ply Count Standard. I have not been able to find any legal notice of the November 19,2002, Board of Supervisors' hearing regarding the citation and preliminary fending. I have previously requested a copy of the Notice from Mr.Mulligan,but have not yet received the same,as of this letter's date. I would appreciate receiving a copy of the Notice for my files at your earliest convenience. We all agree that we treed an objective, simple,and expedient mechanism which is acceptable to both.the Olivera Egg Ranch and the County in order to reasonably and expeditiously determite the existence of a fly court public nuisance. I believe we are all in agreement that a supportable and reasonable standard fly count standard would provide that"bright line"testi and would enable an expedited and clear enforcement in the event of a violation of the new statute,as well as the continued operation of a valued member of the South County Agricultural Community as the County seeps to preserve the rich agricultural tradition. The fly count standard to be applied to Olivera Egg Ranch, however, should be based on some reasonably objective scientific data. Please give us the time to come to an agmement on that fly rpoxmt s"ndard by granting the requested. Continuance. TIIE SITE INSPECTION REPORTS SHOW THAT MR, OLIVERA HAS BEEN IN SUBSTANTIAL COMPLIANCE WITH THE COUNTY'S REQUEST SINCE AUGUST, 2002,AND REMAINS IN COMPLIANCE AS OF THIS LETTER'S DATE. There is no reason for the Board of Supervisors to deny the requested continuance. Current performance by OER indicates that it is appropriate for the Board of Supervisors to withdraw its preliminary finding of a public nuisance,and Vacate its Notice to Abate as the alleged nuisance has in fact been abated. Thank you for your understanding in considering our request for a continuance. We loop forward to meeting with the County to work out a mutually satisfactory solution to this matter. Very truly yours, DicTA.TED BUT NOT UAD-SENT WITHOUT SIGNATURE TO,AVOID DELAY Craig C.van Keulen