SAN MIGUEL ADVISORY COUNCIL MINUTES
PO Box 425, San Miguel, California, 93451
www.sanmigueladvisorycouncil.org
MEETING TIME & DATE: 7:00 PM – JUNE 22, 2011
LOCATION: COMMUNITY CENTER
( 13th Street, behind Library)
ADVISORY COUNCIL MEMBERS
Gary Davis – Chairman
Noel Carpenter – Vice-Chairman
Sharon Brower – Secretary
Tom Banish – Treasurer
Jean Hoffmann – Historian
Mike Sanders – Public Relations
Denis Degher – Member
6:00 PM Due to this being Election night the nominees were
introduced and asked to give a short speech including why they wanted
to be elected to the Council. That was followed by a question and
answer period and time to cast ballots. At 7:00 the voting was closed
and the regular meeting was held. The League of Women Voters
collected the ballots, tallied the votes and presented them to the
Chairman – Gary Davis. The results were announced at the end of the
meeting. Past the adjournment the new members voted on the officers
for the next year.
7:00 PM The voting has been closed and the regular meeting was opened
I. Flag Salute – Mike Sanders
II. Roll Call – Gary Davis – present
Noel Carpenter – present
Sharon Brower – present
Tom Banish – present
Jean Hoffmann – present
Mike Sanders – present
Denis Degher – present
Craig Rambo – present
Patricia McHarris – absent, excused
III.Minutes of May 22,2011 Motion to approve with one addition; (Bud Weimer et al
as owners of the Mission Gardens property in 2006.) by Jean Hoffmann. Seconded
by Tom Banish. Approved 7-0.
IV. Treasurer’s Report by Tom Banish The current balance is $1,382.99.
V. Public Reports
A. CHP – Lieutenant Marty Maples & Sgt Hansen present. He reports that this
past weekend in San Luis Obispo County there were three collisions with five
fatalities and three fatalities in Templeton this month. Lieut. Maples also
informed the Council that Cal Trans is responsible for the intersection at 101 and
Wellsona. Vicki Shelby, Supervisor Mecham’s Legislative Assistant wanted the
Council to know that Cal Trans will be responding to Karen Nall’s request on the
Traffic Volume Study, with attention to the north deceleration at the 101 and the
southbound turn as well as the queuing analysis for the left turn lane, eastbound
onto Wellsona. Ms Shelby also informed the Council that Code Enforcement
is in contact with the Truck Stop at Wellsona and the 101 regarding the
complaints that have been received regarding the overhead lights. Denis Degher
wanted to know if the signs advertising the Truck Stop, that are along the 101
freeway, are legal. Ms. Shelby will check on it and get back to the Council.
Sharon Brower asked Lieutenant Maples and Sergeant Hansen if the “blue”
headlights that are appearing on automobiles are legal. Both officers replied,
stating that many of the European automobiles are using the small halogen lights
which are legal but that some drivers are putting in the ‘”blue” lights and they are
illegal. Ms Brower responded that they tend to “blind” her when she has the cars
using those lights approaching her at night. The officers indicated that these
lights will likely be an issue in the near future.
Sheriff – No representative present.
B. Supervisor’s Office. Vicki Shelby present for Supervisor Mecham. Ms. Shelby
reports that there will be no office hours for the next two weeks. She also
reported that there will be a Benefit on the 9th and 10th of July for Ben Work in
Parkfield on the 9th and on the Work Ranch on the 10th . Mr. Work is a well known
rancher who was critically injured when he was herding cattle on his dirt bike. He
has just been transferred from Stanford to Santa Clara Rehab Facility for
further rehabilitation.
Gary Davis asked if anyone had gone to the Parks meeting? Ms. Shelby said that
it was on the agenda for next Tuesday’s Board of Supervisor’s meeting. Jean
Hoffmann said that she had attended and that Elizabeth Kavanaugh used the
same type of format that she had used before – placing up maps of the proposed
park and asking the attendees to draw or paste what they would like to see on the
map and the specific areas they would like to see the activities occur in. Ms.
Shelby said she had attended the Cal Poly Senior Project meeting. She said
almost all of the studies that were done were on San Miguel. They focused on
a “walking Trail” as well as a Historic Trail system. Other items brought up were
Senior Housing, Senior High School feasibility, signage and downtown codes.
C. Camp Roberts – Lieutenant Colonel J. Rowe introduced herself as the new
Director of Community Affairs. She stated that she had just moved back into San
Miguel. She said that she and her husband had lived in San Miguel before and
that they both had been deployed and had to sell their home but they are glad to
be back again. She also introduced her two daughters, leaving right away to put
them to bed. “My Nanny won’t be here for another week.”
VI. COUNCIL REPORTS –
A. GARY DAVIS – CHAIRMAN
Mr. Davis handed out copies of the letter that he sent to the Planning Dept.
re: the feelings of the Council on the Vines Recreational Park as well as the
factors that Council members were concerned about.
B. Mike Sanders attended last month’s CSD meeting. He reports that the CSD is
in a big dilemma. They have a new secretary, temporary manager, (Roland
Snow – the current Fire Chief is the acting manager since Mike Ellison went
out on sick leave just prior to his planned retirement.) and a new Board
President. There have been 20 applicants for the General Manager position.
Mr. Sanders was asked why he hadn’t shared the “juicy” part of the meeting.
At which he replied “Ohwell” and explained there is a current
investigation under w ay and that so far that investigation has shown that there
is an identified $10,000.00 found missing up to this time. Due to Dale
Hamblin’s absence this evening the question was asked if he was still on the
Board. Mr. Sanders responded that he was but he is no longer the president.
VII. PUBLIC COMMENTS – There were no public comments this evening
VIII.COUNTY PLANNING
A. Steve McMaster, County Senior Planner was present to update the Advisory Council
on the Mission Gardens project. This project had been put on hold for the Council
due to unresolved compensatory mitigation. Gwen Perifey and Charlie Fruit from
Coast National Bank are in the audience but not on the agenda to speak.
Per Mr. McMaster the history for this body began in the fall of 2010 when it was first
referred. The County originally approved the plan in 2006. It is situated on the east
side of the railroad tracks in the direct line of the Mission and up to the Salinas River.
The original owner of the property was Bud Weimer & Associates(per Jean Hoffmann
& Charlie Fruit ). After the approval and at the beginning of grading the company
doing the grading mistakenly went across the property line and impacted part of the
original mission and living quarters of the Mission Indians (Salineans). Because of the
disruption of important historical artifacts the County placed a compensatory mitigation
on the project of 1.8 million dollars. At this point the owner et al went bankrupt and
the property reverted back to Coast Hills Bank, as the holder of the development loan.
The EIR done in 2006 was approved with selective reconsideration, which consisted of
three parts.
1) Second access – The County requires each housing tract to have 2 access points
and one of the proposed access points would require traveling over the railroad
tracks. The Rail Road said no to that request so the Bank could not honor that
requirement. Fortunately an already approved project on the north side of the
property gave their permission for access through their development, thus
eliminating this difficulty.
2) Quimby Fees – (These are fees that go into a pot for park lands – not necessarily
within the development or even within San Miguel.) The Planning Department
looked at the Bank’s request to negate the Quimby fees but the request did not
meet acceptable protocol and they denied it.
3) Compensatory Mitigation – This was set up to deal with cultural resources and was
originally set at $1.8 million. The Planning Department has since figured out a
way to decrease the amount $900,000.00. However the Bank wants to negate any
amount, in other words no compensatory mitigation! The Planning Department
Staff has continued to try to find a way to decrease the amount to something that
is equitable to the County, the Salinean interests and the Bank, and they have
arrived at an amount that they feel comfortable submitting to the Board of
Supervisors. It is between $310,000.00 to $430,000.00. The Bank is still against
this amount, but this is the amount the Planning Department Staff will take to the
Board.
Chairman Gary Davis interjected that “we have information based on the old conditions.
Shouldn’t we have the new conditions before we get back to the Board of Supervisors?)
Discussion occurred between Mr. McMaster, Ms Perifey and Chairman Davis and it was
determined that the copy where the Bank had crossed out what they would not accept
was the project. And, the project, as it’s written with the crossed out portions could be
approved by the Planning Department. Mr. Degher brought up the fact that no Council
member, outside of the Chairman had seen the document and Chairman Davis reiterated
that he did not disperse it because he was told to put the project on hold.
Ms. Perifey indicated that she was here to speak and had brought Charlie Fruit with her
for that reason. She pointed out that Mr. McMaster was here and so she thought she
should be able to speak. Mr. Davis informed her again that Ms. Nall arranged for Mr.
McMaster to attend the meeting to describe the Planning Department’s position and that
she had her chance to speak last month, which she did. More discussion occurred and
Mr. Davis told her she could go ahead and speak.
Ms. Perifey started with “ I understand your concern is whether an ordinary citizen would
have the same consideration as the Bank,” in asking for the elimination of the ? fees ?.
She stated that under CEQUA – if the fee makes it unreasonable it can be mitigated.
There is a provision in the law that is recognized by the County. “This is an unusual
situation, we went out and got estimates for streets, sidewalks etc. and with the proposed
fees it is not economically feasible. The County said that one thing that might make
a difference re: the fees would be if we could find overwhelming good in the project it
could make a more favorable situation. We are told you want work force housing and we
are proposing that, but the only way it could be done is to drop the fees.” “In September
of 2010 when we initially submitted the project we anticipated that it would take 90 days
for approval. We went before the CSD and they were gracious enough to grandfather the
sewer and water fees, but the waiver only goes until 2012. We have an interested buyer –
but only if those areas on the document that we have lined out are omitted. The Bank is
trying to get a non-profit.” The project is designated for 58 homes.
A question from the audience was how did they get the loan? Ms Perifey explained that a
Development loan was not a blank check but when the developer completes a portion of
the project and then needs more materials the Bank then forwards the amount needed.
This is the type of loan that the Bank had given Mr. Weimer et al.
Mr. McMaster informed the Council that the CEQUA rules are technically equal fir the
Bank and the individual. The law allows a window for amending, but this was not
presented when the project was initially submitted. Sharon Brower asked “What is the
position of the Salinean tribes on the decreased $ amount”. Mr. McMaster stated that “
those that the County has spoken with support mitigation but they are not stuck on the
larger amount.” In fact the County is meeting with one of the groups later this week. It’s
important to remember that the grading that was done did not have a permit and the
County needed to rectify the illegal action. It is also important to recognize that the
Quimby funds are not tied to the waiver. Jean Hoffmann wanted to know what influence
the flood zone has on the proposed development. Mr. McMaster said that the housing
area is not within the flood zone. So, currently the County is looking at okaying the
modified access, and considering waiving the Quimby fund requirements.
Fruit spoke up and alluded to an e-mail that was sent to the County stating that they
would donate site “60” to be used for a park. There was a short discussion when Ellen
Carroll, the County Environmental Coordinator spoke up and stopped the discussion,
saying it was inappropriate to be talking about it at this body. She reminded us that the
agent was the one who called the County and told them to table it. Again, Mr. Davis
stated that “we haven’t gotten the entire project so how can we vote on it. What is
presented is not the way a project is given to us. We don’t have the tract maps,
landscaping etc.” Ms. Perifey interjected that “we’d like to get this before the Board of
Supervisors by August.” Per Mr. McMaster “the project is essentially that portion of the
descriptions that is not crossed out.” And Ms. Carroll added that “this project is what the
applicant has requested.”
At this point there was jumbled discussion with various Council members as well as
Mr.McMaster, Ms. Perifey and Charlie Fruit all throwing in their comments. Mr.
Degher made an attempt to place a motion before the Council but failed due to lack
of a second. Continued discussion and Mr. Degher said he felt that the since the
Railroad refused to allow the original access there is nothing else to do but go
through the adjoining residential development for the second access. The Quimby
funds cannot be mitigated and that leaves the amount of the fees. Tom Banish felt
that this portion should be left with the County to determine what amount is
appropriate. At this point Mr. Degher resubmitted his motion to pass as written
here. Tom Banish seconded. An initial voice vote was taken and since it was
unclear Mr. Davis asked for a hand vote. The final vote was 5 for and 2 against.
For clarification: The Council is in favor of the proposed secondary access through an adjacent
development. Quimby funds to remain as set, and the Board of Supervisor’s are left to determine
the amount of the compensatory mitigation. Mr. Degher said that the Board of Supervisor’s may
vote on the Planning Departments recommendation of $310,000.00 – $430.000.00 or anywhere
from 0 – $1.8 million.
IX. PUBLIC WORKS
A. Michael Briton – Mr. Briton will attend a future Council meeting to explain the
details of the phase 3 Mission St. enhancement.
X. OLD BUSINESS – The Vines Recreational Park Letter – Denis Degher has
written the letter to the Planning Department on behalf of SMAC outlining the
concerns of the Council members.
XI. NEW BUSINESS -
Gary Davis gave the results of tonight’s election. There were a total of 25 ballots
cast. There were five seats to be filled and only five nominees running. If each
voter exercised their available votes there was a possibility for 178 votes but only
75 votes were used. The final votes were:(These results were not recorded by the
secretary and at the time of this writing Mr. Davis had given them to Mr. Rambo
and did not remember them. A call to Mr. Rambo was made and they are recorded
as he recalls.)
Craig Rambo – 18
Anthony “Bear” Kalvans – 16
Mike Sanders – 15
Sharon Brower – 13
Noel Carpenter – 13
At the end of the reading of results Gary Davis made the motion to adjourn and
Sharon Brower seconded.
The Council voted for the next year’s officers past the adjournment. Installation
will occur at the July meeting.
Respectfully Submitted,
Sharon Brower, Secretary
