MINUTES

PO Box 425, San Miguel, CA California, 93451

www.sanmigueladvisorycouncil.org

MEETING TIME & DATE: 7:00 PM – SEPTEMBER 23, 2009

LOCATION: COMMUNITY CENTER -  

(13^th Street, behind Library)

I.       Flag Salute – Denis Degher

II.      Roll Call – Sharon Brower

ADVISORY COUNCIL MEMBERS

GARY DAVIS – CHAIRMAN    Present            

DEBBIE LEWIS – VICE-CHAIRMAN     Excused

SHARON BROWER – SECRETARY   Present

TOM BANISH – TREASURER    Excused

NOEL CARPENTER – HISTORIAN   Present

MIKE SANDERS – CSD LIAISON    Present

JEAN HOFFMANN – ALTERNATE   Present

III.          MINUTES APPROVAL                                                                      

              Postponed until October 28^th due to late submission to the Members. 

IV.         TREASURERS REPORT

             Tom Banish excused – no report

V.         COUNCIL REPORTS 

Denis Degher asked Mike Sanders re: the increase in rent for the Community Center.  He also wondered if we might be able to use the new Mission Community Center.  Mr. Sanders to check on the possibility of using the Mission Community Center for the use of the San Miguel Advisory Council meetings.  Mr. Degher also let it be known that he disagrees with the Lion’s representative that the Council had left the air conditioner on. Mr. Sanders also stated that he has not contacted the Lions Club about the fact that the Council has only received $900.00 from the county for the year 2009 instead of $1000.00 and that coupled with their increase in rent makes it difficult for the Council.

Mr. Degher had another concern and asked about the letter that the subcommittee; consisting of Debbie Lewis, Vice-Chairman and Sharon Brower, Secretary, Jean Hoffmann, Alternate and Laverne Buckman, Public at Large, had signed and sent to the Board of Supervisors re: their meeting with the Planning Department members, Dana Lilley and Morgan Torell.  [They were to return to the Council last Spring to continue discussion and explanation re: the fact that San Miguel was designated 7 LIC sites as a part of satisfying state requirements] Sharon Brower explained *Because of displeasure about the fact that San Miguel was heavily weighted when compared to the other communities included in this exercise, Elizabeth Kavanaugh arranged for the group to meet with them.  A letter was then written to the Board of Supervisors by Debbie Lewis – who then e-mailed – to everyone on the group. After everyone’s approval of the letter their names were included. It should be noted that the letter did not represent the individuals as being from the Council.  Mr. Degher felt that the letter should have been approved by the Council prior to being sent to the Board of Supervisors.

Sharon Brower brought up a discussion that she had with two San Miguel residents who are bus dependent for shopping, doctor appointments, or any need to go outside of the town.  They were upset because they said there is only one bus leaving in the morning for San Luis Obispo and one returning at early evening, but that bus would not take passengers back south.  Ms. Brower admitted to them that she was unfamiliar with the Bus System but invited them to the meeting so it could be discussed.  She assured them that if they were unable to attend she would bring it up and that either Mr. Mecham or Ms Shelby, his Legislative Liaison would be there to hear their concerns.  Unfortunately the ladies are not in attendance and so Ms. Brower is bringing it to the Councils and Ms. Shelby’s attention.

Linda  Mora who has a business “Country Diner” close to the corner where the bus stops spoke about the frequency that the bus stops and said that she sees it in the morning, at noon and again in the evening.  She stated that the evening bus drops off only and does not pick up for the return trip south.

Vicki Shelby to inquire with the Transit Authority and report that information back to the Council.

Denis Degher reported that he received an e-mail on a project from Planning and Building and he e-mailed it to Gary Davis.  Mr. Davis replied that it was on the Solar – Wind Mill – Development on The Carrizo Plains.  Since that did not fall within the San Miguel sphere of influence he felt it was erroneously sent to him, and that the Council could not have any impact on its development.  Mr. Davis added that there were only three people against it and they lived within the Carrizo Plains area.  Mr. Degher requested that it be forwarded to him but when it was he was unable to download it do he asked Elizabeth Kavanaugh for a copy of it and she complied.

Gary Davis thanked Denis Degher for speaking up for the Council when Steve Kalar took his time before the Planning Commission on September 10^th  to denigrate the San Miguel Advisory Council, accusing it of being a “clique” and not representative of the citizens of San Miguel.  Mr. Degher spoke to the issue of the nomination and election of the members, i.e. “Anyone within the sphere of influence of the town could be nominated and that the League of Women Voters verified by the county roll each voter and then reported the election results. It was noted by other Council Members that Mr. Davis also spoke to that issue to the Commission prior to his position on the San Miguel Ranch as a private individual.

Gary Davis reported on a notice from the Planning and Building Dept re: the Storm Water Revisons Workshop.  Mr. Davis also announced that the Board of Supervisors would meet on December 8^th   to hear the Planning Commission’s decision on the General Plan Amendment Request by the San Miguel Ranch project. Per Elizabeth Kavanaugh the project is on the normal flow to the Board of Supervisors.

Noel Carpenter – Per the San Miguel Ranch – “It is foolish to think that Mr. Grizzle is finished with the project.  I feel certain he will come back with another proposal.”  Ms. Kavanaugh replied that she had heard nothing. Vicki Shelby states “I don’t know”.  When it comes before the Board of Supervisors Mr. Grizzle will pursue plans to request a General Plan Amendment.

CSD Liaison -  Mike Sanders had nothing to report

VI.        PUBLIC REPORTS

CSD – Dale Hamblin, Board Member – Mr. Hamblin began his report by saying that the Liaison may not come to the San Miguel Advisory Council any more because of the comments made before the Planning Commission re: his report to the Council at the last meeting. Per Mr. Hamblin what he said was misconstrued.  Sharon Brower spoke up and told Mr. Hamblin that she was the person that spoke to the Commission re: the fact that San Miguel would not have the amount of stored water that was required; per the engineers in 2001. Mr. Hamblin was not satisfied and continued on, Ms Brower continued to try to tell him that she spoke as a private citizen and not as a member of the Council, but again he continued to repeat the same complaint.  Gary Davis spoke to him, asking if he had watched the televised meeting to see and hear what was said and told him that the CSD general manager, Mike Ellison, as well as the Fire Chief, Roland Snow were both present at the Commission meeting and neither stood before the Commission to correct Ms. Brower’s statement. He also reiterated that Ms. Brower did not represent herself as being on the Council but identified herself as being a private resident. Mr. Hamblin continued, Ms. Brower tried again to explain and Mr. Davis called a halt to the whole situation, finishing with telling Mr. Hamblin that we appreciated having him at the meeting and would like him to remain. Mr. Hamblin began his report but again said he would bring this up at the CSD meeting tomorrow night to see if they wanted to continue with sending a Liaison to the San Miguel Advisory Council meetings.  He said that the CSD board is moving forward to purchase the land north of the preexisting working reclamation plant.  The current plant is not at a critical mass yet. When it is near 60% they should prepare to make changes, and when it is at 90% they should be made.

Vickie Shelby; Legislative Assistant to Mr. Mecham reports that there has been a change in command at the California Highway Patrol.  Lieutenant Bakios has retired.  Sergeant Aguilar is to start coming to meetings next month.  Mr. Mecham’s office hours on 9/24 will be: Paso Robles 9-11AM and in San Miguel 2-4PM.  Gary Davis to check with the Sheriff’s office to see who it will be coming to the Council meetings now that Sergeant Maki is no longer the one.

Jean Hoffmann; who is also a member of The Resource Connection is giving their report.  She reports that they are still hopeful that the Farmers Market will be held at the Community Park, possibly on Sundays.  At Cal Poly on 10/30 and 10/31 there will be free Hands on Health program. Also there are free Dental and Health services available and information about them will be offered, and last, but certainly the most fun, there will be a costume contest.

Karl Von Dollen wanted to know where the tract map, that was shown for the San Miguel Ranch project proposal; at the Planning Commission meeting on Sept 10^th, 2009, had come from. And where is it now? [This tract map showed the same number of sites in 160 acres as was initially shown in initial tract map with 550 acres] Gary Davis tried to explain and Elizabeth Kavanaugh continued the explanation. In order to rezone the site [The color on the map that was shown indicated the Kit Fox example from the county] the applicant needs to come in to the Planning and Building Department and apply for a new project.  Laverne Buckman wanted to know if you have to have a project in order to file for a zone change ?

Laverne Buckman also asked to speak saying she was also turning in a letter but wanted to address the Council.  She wanted to compliment the Council on their openness and allowing people with different opinions to feel welcome and to speak.  Gary Davis thanked her for expressing that.  Denis Degher expressed his feeling that it had always been that way.

VII.       COUNTY PLANNING REPORT                                                                                                                   Elizabeth Kavanaugh – County Planner Ms. Kavanaugh informed the Council that there will be Conservation hearings on 9/24 and 10/08 and a grading workshop on 9/24.  Also the request for the Penke Mines has been resubmitted.  The area has been reduced by 1/3 to 1000,000 cubic yards of sand.  It will need an EIR and will be referred to the Council again.  Denis Degher wanted to know if it will fit in with the reclamation study with their part of the river – parallel tract with the larger study from the Department of Fish and Game.

            Laverne Buckman asked Elizabeth Kavanaugh about COSE.  She has been unable to find it on the web site for the Planning and Building Department.  Ms. Kavanaugh to let the webmaster know about the problem with not being able to find COSE on the web site.  Sharon Brower said that it is very difficult to navigate the site and asked that she please share that with webmaster too.  She added that while the old site might have needed some tweaking, at least it was easy to find the index and get to what you wanted – that is not so with the new site.

            A.  Project before the Council – APN: 019-051-045 and 046, Cross Canyon Vineyards.  Agricultural Subdivision of two existing parcels into six parcels. Vineyard Land.  Presented by Jamie Kirk of Kirk Consulting.  The vineyard manager; Ron Murray, who was also going to attend was unable because they started picking grapes tonight.  The vineyard is on Cross Canyon, on the north and Ranchita Canyon, on the east. Each of the six parcels is 42 – 44 acres and under the Willimson Act each permitted parcel must be within 40 acres.  Under the Williamson act only one residential parcel can apply for farm support.  Jean Hoffmann asks of parcel 2 [located with front on Pleasant Rd. and second parcel down from Cross Canyon] if the current farm buildings on that site will stay.  Ms. Kirk answered yes to that question. Other questions were asked about irrigation and Ms. Kirk replied that the current irrigation will remain although each parcel could drill their own well and have their own irrigation system, however if another parcel would be compromised by the main irrigation being disrupted, that would not be allowed. Currently there are two wells on the property.  There were more explanations about the Williamson Act as questions were asked.  Denis Degher said the usual reason to sell land is for financing purposes.  Ms. Kirk stated there are two owners of the large property now but she does not know if the sale is necessary because one partner “wants out”.  Laverne Buckman wanted to know if they will have to participate in the Low Income Housing laws.  Elizabeth Kavanaugh said “yes”. Ms. Buckman asked “how does this fit into SMART growth, principles and goals with the purpose to keep residences within the town and not in agricultural areas. Per Ms. Kavanaugh the planners see it as six agricultural parcels since they are each 40 or more acres. Council approved the project with one abstention.

            B.  Project before the Council – APN 021-241-021 and 022, revised/sub 2004-00331 Tract 2710. To subdivide 5.28 acres into 24 residential lots; off of 11^th and A streets in San Miguel.  Owner : Colin Weyrick, represented by Mike Bertaccini.  This property was subdivided from railroad connected to Mission Gardens. The lots will be between 6-8,000 foot lots. The Mission Gardens tract is now owned by Coast National Bank.  Easements were given to Mission Gardens for access in and out of that tract.  Storm drains from this tract will lead out to 11^th street, secondary to client intention to cut into lots.  Per Mr. Bertaccini, Mr. Weyrick has not decided whether to offer some lots to employees, farm out to other builders or private owners. Gary Davis asked Elizabeth Kavanaugh if the old plan had less lots before the hazardous waste was found and cleaned up?  First, per Mr. Betraccini who was unsure what was found but did know that The California EPA charged $200.000 to clean the site.  He thought it could have been cadmium or creosote but it was cleaned up, tested and the area cleaned by the EPA.  Jean Hoffmann made the comment that this is what we are looking for – infill of houses, single residential houses. Mike Sanders observed that between this tract and the Mission Gardens tract we will have 84 homes with no park for the children. Mike Bertaccini stated that these types of developments are supposed to be fitting into the regional park model.  The fee for Mr. Weyrick to provide a pocket park would be $900.00/lot to build.  It looks like lot 24 would be the best lot to use for a park, but that is not a good choice per the county.  Elizabeth Kavanaugh stated that there were two projects: 1 on? and 1 on 12^th Street, that got small parks because of substandard lot sizes. Ms. Buckman had another question re: the lots having their fronts on 11^th St.  She explained that R? C? worked with the County parks and acquired a corner lot. But he is still waiting.

 Linda Mora said that about nineteen years ago there was another development wanting to put in a park.  The development was built but no park.  However there was one put in later.

 Gary Davis asked Elizabeth Kavanaugh “What do we have to do or planners have to do to get parks?” Mr. Bertaccini replied that there is a comprehensive plan for San Miguel which indicates a regional park. Denis Degher made a motion to have a County Parks and Recreation person come to our next meeting and discuss the plans then bring back Mr. Weyrich’s plan and look at it.  Noel Carpenter seconded it.  A roll call vote was done at Mr. Degher’s  request.

Denis Degher          yes                                                                                                          

Noel Carpenter            yes                                                                                         

Gary Davis                  no                                                                                                          

SharonBrower            no                                                                                                                 

Mike Sanders             no                                                                                                         

Jean  Hoffmann        no                                                                                                                                                               

The motion to make the project return after the Parks and Recreation representative speaks has failed.  4-2   Mike Sanders made a motion to accept the project as is with Sharon Brower seconding.   

Denis Degher                no                                                                                                      

Noel Carpenter           o.k.                                                                                                                                                                                                                                     

Gary  Davis                      yes

Sharon Brower             yes

 Mike Sanders                yes

 Jean Hoffmann           yes

            The motion to approve the project is approved 5-1

X.         OLD BUSINESS

IX.        NEW BUSINESS

Gary Davis asks Elizabeth Kavanaugh to continue to arrange to have someone from Parks and Recreation to come to our next meeting to explain to the Council the scale on Parks.

Mike Sanders also asks for the info given on past talks re: past talks with info on equestrian trails and regional parks.  Ms. Kavanaugh will ask for comprehensive plan and the scale of parks also

Mike Bertaccini introduced his fellow assistant who works at his Consulting Firm.  He says she went to Cal Poly and has had experience with a small city helping them to determine the types of developments they wanted.

Gary Davis asked the Council to think about changing the dates for the November and December dates because of the conflict with the holidays.

Adjourned at 9:05 PM.

Minutes approved at October 28th  meeting with correction.  Correction was made on page 2, paragraph 2, line 10.  Subcommittee was changed to group.   Motion to approve was made by Denis Degher and seconded by Noel Carpenter.  Approved  5-0 with two members excused.