NORTH COAST ADVISORY COUNCIL
MINUTES OF REGULAR MEETING
WEDNESDAY MAY 19, 2010
Rabobank Community Room, 1070 Main Street.
I Call to Order-by Interim Chair John Lamb at 6:36 PM.
II Roll Call of last meeting before New Council is seated.
Present: Bob McLaughlin (late), Gary Gall, Debby Mix(late), Dawn Dunlap,
Marty Munoz-Main, Mike Thompson, Joyce Renshaw, John Lamb, Jim Bahringer,
Sigrid Castaneda, Erwin Ohannesian, Mary Giacoletti, Neil Cohen.
Excused: Jeff Miller, Marjorie Ott, Bambi Fields.
Absent: Leslie Richards, Lou Fedor.
III Public Comment Period (comments limited to 2 minutes per speaker)
- Teri O’Rourke-comments/update re. cell site. Pine Knolls site has been approved: 8 ½ acres of privately owned land accessible via Pine Knolls Road. Is centrally located between East and West Village, overlooking East Ranch. Site holds no Monterey pines or oak groves.
In Feb. 2008, Sprint/Nextel determined that this location would provide cell phone coverage for all of Cambria.
A drive test had been scheduled for March 2010 to confirm if Moonstone Beach Drive would also be covered.
Access options for placement include:
Private drive off Grove Street.
Dead end at Pinewood Drive.
One of two outbuildings with roof access or other roof access.
IV Council Members’ Comments
1. Dawn Dunlap-FYI: 4 ranches on Santa Rosa Ck. Rd. now for sale at prices in the millions.
V Consent Agenda
(All matters on the consent agenda are to be approved by one motion)
Items: Minutes of last meeting of NCAC: with 2 misspellings corrected.
Motion to approve-unanimous
VI Public Safety Report: Ben Hall, Commander, absent
Two CHP officers give a report. New commander since April is Marty Maples.
4-6 new 55MPH signs are being installed on Highway One.
Parking Complaints- numbers to call: during business hours: 434-1822
After hours: 593-3333
If any for sale vehicles are left in the same place for more than 72 hours, call the CHP at numbers above.
Comment from D. Dunlap re. pot grove discovered on Santa Rosa Creek Rd. recently-illegally growing pot and camping/cooking on private property. Cautions ranchers to check their land.
CHP officer warns not to approach but to call 911.
Randy McDowell-comments he will move his for sale vehicle within 72 hours.
VII Treasurer’s Report-Gary Gall
Current balance: $593.13
VIII CCSD Report- Greg Sanders
- Coastal Commission Meeting-recently held: Kathe Tanner’s report/handout of test wells approval.
- Stewart Street Tanks-addition of a new tank and removal of a smaller tank.
- Rodeo grounds-pumping station being worked on.
IX Supervisor’s Report: Bruce Gibson
- Work on Main Street continuing, nearly done.
- Last Tuesday, May 11, 2010-budget introduced. Will review until June 14. A $17 million gap in budget was closed with program reduction cuts and 43 positions cut by hiring freeze. Only 2 positions involved lay-offs.
- Copy of Budget-available for public viewing at the library.
Kudos to Gibson for his good work for the county from Randy McDowell, Steve Cole.
Question: D. Mix-San Simeon Creek bridges-work to start?
D. Dunlap-Governor’s stand on Williamson Act? Tax dodge for large land owners vs education of true function of bill.
Election to fill Maldonado’s seat- issue still in limbo. Suit filed in Monterey County against the costly election.
M. Burton-would stuffing ballot against June 22 election be a waste of time?
R. McDowell-comments re. Cal Trans Station @ Green Valley and Highway One.
X Planning Department Update-A. Singewald, absent
XI Traffic Committee Report- Erwin Ohannesian
1. North of Hotel Colibri, no parking signs. Otherwise, people park in property owned by State of California.
2. No response from Cal Trans re. status of Highway One and Weymouth intersection. 3. Report of car sliding down Hartford. Now rests against tree.
C. R. Hyde-not aware of proposal for the intersection above, near her home.
Comments-D. Mix and R. McDowell- install lights within the street to make intersection more visible.
Chair Erwin Ohannesian-will invite Cal trans and other interested residents of Weymouth Area to attend a meeting.
XII Environmental Report-Mary Giacoletti
Reports on dangerous levels of harm to nature, seas. Also harmful restaurant smoke. No way to safely burn wood.
M. Giacoletti-Art Trinidad, enforcement officer of SLO building department, concludes nothing can be done about smoke at Main St. Grill.
Supervisor Gibson- valid complaint re. opacity of smoke levels at Main Street Grill. Problem is being worked on.
XIII Chair’s Report-John Lamb, interim Chair
Eucalyptus trees removal- at this point the National Oceanic and Atmospheric Administration has withdrawn funding for removal because of compromised situation.
XIV Bylaws Amendment
Change to be voted on by Council.
Ass “unless unopposed” to begin the following statement- all regular members are limited to two full consecutive terms in office.
Motion to Change made by J. Bahringer, seconded B. McLaughlin.
All vote yes, 1 abstention: Dawn
XV Special Discussion- NCAC Involvement in Desal Issue, Yes or No
John Lamb-sets rules for all who are to speak to the issue. 2 minute limit
Since agenda was published, it has been determined that no discretionary permits are required for test well drilling at Shamel Park beach.
NCAC mission Statement-infers that indeed the subject of desal is an appropriate one for discussion and recommendation by the NCAC. Recommends no vote in favor or against desal be taken, but NCAC could perhaps provide a forum for future discussion, if the new board is so willing.
( Commander Hall has now arrived and will present his Public Safety Report
This month: 170 calls for service in Cambria and 34 written reports. Include one burglary, domestic cases and neighbor disputes. In San Simeon, 1 drug case.)
Return to NCAC Discussion of desal:
Council Comments
G. Gall-comments on existence of former lake in Cambria.
Dawn Dunlap-Lake was called Estrada Lake on the south end of town was bifurcated in 1962 when the new highway was constructed.
Possibility of lake returning to help with water shortage, instead of desal?
Is there a cost estimation for average resident when desal plant completed?
Cost of desal-estimated to be $20 million.
M. Thompson-comment on validity of NCAC involvement in desal situation. NCAC is actually a “quasi-County Council”.
B. Gibson-Councils are created by the communities they represent, not by County government. Are not subject to the Brown Act but are encouraged to conduct business in the spirit of the Brown Act.
M. Thompson-NCAC needs to look at desal in relation to permits but CCSD should be in charge.
B. McLaughlin-NCAC is a link between community and County government. Any issue that pertains to the community can be discussed at NCAC meetings.
N. Cohen-NCAC should listen to both sides of public opinion.
M. Giacoletti-agrees with Cohen. Points to situation of Gulf Coast Spill.
S. Castaneda- members of community will bring new thoughts and ideas to the discussions.
Public Comments
- M. Burton-County and State Parks have not yet given their go-ahead on entry into Shamel Park for purposes of drilling. There are yet some unresolved environmental issues.
- A. Wyburn? –reads NCAC Mission Statement
- S. Rosenlind-opins appropriate for NCAC to review/discuss this issue. Has gathered 400 opponents to this project.
- R. Hawley-CCSD gave project to Army Corp of Engineers and residents were not consulted on this decision beforehand. Measure P –CCSD created so water stays in Cambria. So why is water being diverted to San Simeon? Measure passed.
- R. McDowell- will consider both sides.
- Ibrahim-What is the purpose of desal? Is it to be used during drought situations or is it to expand the community?
- G. Sanders- from CCSD- At present time, Cambria does not have enough water to handle its existing needs. The desal plant is intended to satisfy basic water needs for the community and to take care of the water wait list positions.
Problem now is that Cambria’s aquifers are too shallow and most water goes into ocean.
M. Webb- CCSD turned over all comments from public to Army Corps of Engineers. There are valid alternatives to desalination that need to be discussed. Right now there is a 50 /50 split –pro con on this subject in Cambria.
Migation measures need to be in place.
C.R.Hyde-reads an email sent from Muril Clift to others re. attendance at NCAC meeting tonight.
Says NCAC needs to educate the public.
D. Ebell-attended meeting because of M. Clift’s email. There is no alternative to the desal project. Criticizes President Obama(?) and the environmentalists, etc.
J. Brannon-recounts collapse of levies in New Orleans during Katrina storm and says that the Army Corps of Engineers was in charge. According to his internet investigations, it has no experience in constructing desal plants.
C. Hawley-Coastal Commission made their decision without consideration of environmental issues. Their decision was in violation of the law-had no environmental report to read before making their decision.
Why is the CCSD not having to get permits since they are in partnership with the Army Corps of Engineers? The California Environmental Quality Act is being bypassed by the CCSD. The County is not forcing the permitting process on the CCSD.
C. McDowell-permit process ?…
Interim Chair John Lamb-project is consistent with federal and state coastal regulation. County will issue ministerial permit. NCAC does not need to review such permits. Is project above or below the median high tide level?
C. Finchamp-speaks in favor of environmentalists.
R. McDowell-fire storm perhaps headed to Cambria.
Close of Public Comment
Supervisor Gibson- decisions of greater policy. Focus of NCAC to advise County.
County-no discretionary permits re. desal plant because Army Corps of Engineers now in charge; Coastal Commission has jurisdiction of the area where test drills will operate. The Coastal Commission meetings should be where these discussions should take place.
Coastal Management Plan is still in control of project. County will need to issue right of entry permit(ministerial) to enter Shamel Park. Such permits should not impede the public’s use of the park.
The CCSD will need to conduct a public process/education.
M. Main-if CCSD is allowed more time to speak, other side should also be allowed to speak as well.
Greg Sanders/CCSD- The desal issue is really 2 projects
- geo-technical investigation to determine feasibility of Santa Rosa Creek. As location for plant.
- the desal plant
Why has the Army Corps of Engineers taken over? If geo-technical issue pans out, then district becomes a partner with AC of E and many hearing on the project itself will take place.
C. Hawley-the Coastal Commission has jurisdiction over tidelands. Desal issue involves only 1 project and is all under a co-operative agreement. At meeting
(Coastal Commission?) the CCSD said that the decision to hand project to AC of E was “jurisdictional”.
A lot of deception is going on here.
M. Webb-At least 400 people have signed in opposition to drilling in Shamel Park. CCSD has taken the project out of residents’ hands.
M. Burton-CE is Catagorical Exclusion-
Public Comment closed at 8: 30 PM
J. Bahringer-invites CCSD to head committee/or educational moderator.
N. Cohen-policy, procedure and process vs substance. Sounds to him as if 2 types of arguments are being discussed.
B. McLaughlin-Is san Simeon to be involved in this desal issue?
G. Gall- Council is advisory only and has no real power to effect change one way or another.
Motion to recommend to NEW Board to consider a committee chair to moderate/chair committee to study alternative water supplies and report back to NCAC.
Discussion follows
E. Ohannesian-What recommendation will this committee make and to whom? Will it make rec. to supervisor Gibson or to the CCSD? Will it be a sounding board? How will it work?
Vote on Motion:
2 in favor
5 opposed
1 abstention
Motion does not pass.
Motion made by J. Lamb, seconded by J. Bahringer to create a regular time allotment at future NCAC meetings of 5-7 minutes for opponents/proponents to address Council on issue of DESAL. Intention: to give equal time to both sides.
Vote on Motion:
Passes unanimously.
Time: 9:05 PM.
Break for 5 minutes.
Time: 9: 12 PM
XVI Land Use and Project Review Committee-Joyce Renshaw, Chair
Projects reviewed by: John Lamb, Neil Cohen, James Bahringer, Steve Cole, and Joyce Renshaw, Chair of the Committee
1. New Project DRC2009-00078 Greenspace/ Re-Run of
DRC2006-000167( Wier) APN: 013-081-020 and 045 MUP to demo existing “Arizona” crossing and construct a new bridge, allowing fish to migrate up stream. This bridge replaces a bridge that was built in 1965. It is a 2 acre site located at Santa Rosa Creek Rd. and Ferrasci Rd. in Cambria. The area to be disturbed is less than an acre. Project is in the riparian corridor.
Comments: 1. Permit was issued in 2007 and was approved and supported by NCAC at that time. However, the permit expired in August 2009; as the state had frozen the funding for the project. The project has come to us for consideration again because the funding is again available. 2. This project will improve wildlife habitat, especially the steelhead, who have a difficult time climbing the fish ladder on the old bridge. The fish also sustain damage as the pass by the three culverts as they climb the ladder. Only large fish can actually climb the fish ladder. 3. The new bridge is a “free-standing” bridge. It will be high and permit the fish free access to the creek. 4. Monitoring will be done to protect the red legged frog, bird nests, and fish before and during construction. 5. This bridge will be constructed on site and will take about four months.
The project will start in July and be finished the end of October. 6. Planting of native plants and trees will take place in December.
Recommendation: Unanimous Support
Discussion:
Questions: D. Dunlap: Is County involved in the project? Will the County abandon this road? How will construction affect traffic on Ferrasci Road.
R. Hawley_ no delays predicted for traffic.
Will licensed botanist be required to monitor? For how long?
Hawley- says for 3 years.
Motion to adopt recommendation.
All in favor except one abstention (Dawn Dunlap)
Motion passes.
2. New Project : DRC2009-00070 BKS Cambria LLC (Singewald) APN: 013-181-005
Conditional Use Permit for a new cell site off Monte Cristo Place in Cambria. Install 6 panel antennas on existing 270? steel tower mounted at heights of 87?-2” and 94?-9?? above ground level on the existing tower 1 microwave and 26ps, equipment in 336 sq ft lease area. A more detailed description was included on the blue notice of the planning Commission Hearing on this project May 13, 2010 which stated: Besides the six panels it has 2? diameter microwave dish mounted at a height of 40? above ground level on an existing 270? steel radio tower as well as three outdoor equipment cabinets mounted to an existing slab and associated utility trenching. The project will result in the disturbance of approximately 1,000 square feet on a 34 acre property. The proposed project is within the Recreation land use category. The site is in the rural North Coast planning area.
This project is found to be statutorily exempt from the California Environmental Quality Act under the provisions of Public Resources Code section 21080(b)(5) which provides that CEQA does not apply to projects which a public agency rejects or approves.
Antennas will be placed on the bottom white area of the tower. Three cabinets will be on existing pad on left of building.
Comments: 1. Arlin Singewald gave me this explanation when I asked why it said a public agency could not reject or approve this project:
“The language you’re referring to relates to the CEQA exemption that applies when a local agency (i.e. the County of San Luis Obispo, in this case) denies a project. This project is already scheduled for a hearing on May 13th, and staff is recommending denial of the project because it is not an allowed use on the property per the limitation on use standards of the North Coast Area Plan.”(Standards 33 and 34 p 7-18)
2. This is a new service, not a new cell site. 3. They are adding only six panel antennas to the existing tower. 4. The added antennas to the tower will not be visually apparent from Highway One. 5. There are already several antennas and communication facilities on the site. 6. They are adding three outdoor equipment cabinets on an existing slab, behind the existing building. 7. It is not changing the infra-structure of the area. 8. This is not an expansion (Coastal zone Land Use Ordinance does not allow for expansions of non conforming uses) It is not an expansion of any physical facility, like a building 9. They are reusing existing facilities. 10. Table O (the Coastal Zone Framework for Planning Excerpts) allows communication facilities in recreational land use areas, and
this co-located expansion appears to be allowed under Coastal Zone Land Use
Ordinance sec. 23.08.284. 11. It will provide better coverage for ATT cell phones. 12. It will provide better coverage for visitors and Cambrians for personal and emergency use.
Recommendation: Strongly Support/ Unanimous
Discussion:
D. Dunlap-questions asbestos.
J. Lamb-Motion to approve with the additional comment that the County has approved it already.
Vote on Motion to support recommendation.
Motion passes with 2 abstentions: D. Dunlap and M. Giacoletti
3. New Project: LRP2009-00002 SB2 General plan Amendment SLO County-
Countywide Ordinance Amendment (Torell and Oliveira) development Review.
Request by the County of San Luis Obispo for a general Plan Amendment to allow ordinance amendments to Title 22, title 23. and Coastal Zone Framework for planning excerpts that incorporate emergency( homeless) shelters, transitional housing, and supportive housing as required per State law (Sections 65582. 65583, and 65589.5 of the Government Code) The project is countywide.
Comments: John Lamb questioned why we were getting this project and what it
actually means. Here is the answer we received:
1.” It is fair to characterize the proposal as amending County ordinances to
comply with State law. However, agencies have some discretion as to how
they implement State law requirements into its local ordinances. The NCAC
is getting this referral so that they can see what the County is proposing.
Basically, the County has to a) define emergency shelters in its
ordinances, b) allow zone(s) where they can be permitted without a
discretionary permit (which is currently only being proposed in the inland
areas in the CS, IND, and PF land use categories), c) provide standards for
emergency shelters, as allowable by State law, and d) treat transitional
and supportive housing the same as other dwellings within the same land use
categories. e) In coastal areas, the County is proposing that emergency
shelters be allowed with a Minor Use Permit in the CS, IND, and PF land use
categories. CS=Commercial Services IND=Industrial PF=Public Facilities”
2. The Land Use Committee feels that a Minor Use Permit should be required for any transitional or supportive housing in single family or multi- family residential areas.
Recommendation: 1. Support proposal to allow emergency shelters in Public Facilities, Commercial Services and Industrial land use areas. The vote for this proposal was unanimous. 2. Oppose proposal to allow transitional or supportive housing in Residential Single Family and Residential Multi Family areas without a Minor Use Permit. The vote for this second recommendation was 5-1.
Discussion:
S. Cole-cautions MUP inclusion
E. Ohannesian-rec. Conditional Use Permit rather than MUP.
Supervisor Gibson-MUP also allow conditions to be attached to it.
Motion to approve recommendation
Vote taken.
Motion passes with 1 abstention. (M. Giacoletti)
XVII Appointment and Seating of new NCAC members
Area 2: Regular-Gary Gall Alternate-Stevan Rosenlind
Area 4: Regular-Ralph Covel Alternate-Teri O’Rourke
Area 6: Regular-Joyce Renshaw Alternate: Tom Gray
Area 8: Regular-Clive Finchamp Alternate: NONE as of 5/19/10
Motion to approve: unanimous
Dawn Dunlap, Regular Agriculture Representative
Debby Mix, Agriculture Alternate
Mike Thompson, Regular Business Representative
Marjorie Ott, Alternate Business Representative
XVIII Election of Officers
All new officers were voted in unanimously.
Chair: Joyce Renshaw
Vice-Chair: Jeff Miller
Recording Secretary: Marty Munoz-Main
Corresponding Secretary: Bob McLaughlin
Treasurer: Gary Gall
Land Use and Project Review Committee Chair: Tom Gray
Traffic Committee Chair: Erwin Ohannesian
XIX Discussion of NCAC meetings during June, July and August.
Will continue regular meetings during these months.
XX Adjournment at 9:50 PM.
Respectfully submitted,
Marty Munoz-Main, Recording Secretary
Next regular meeting of the NCAC will take place on Wednesday, June 16, 2010
At 6: 30 PM at Rabobank Community Room, Cambria.