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Avila Valley Advisory Council

Minutes of February 14, 2005 Meeting

Call to Order

B. Pusanik called the meeting to order at 7:00 p.m.

Members Present: B. Pusanik, L. Newton, K. Argano, J. Salisbury, A. Brown, J. Scott, J. Taylor, R. Kiessig, K. Bittner, T. Eberhardt, , D. Palaia, L. Walter, T. Ivarie, N. Matlin, M. Gooden, B. Tickell, J. Biesek

Members Absent: S. Gooding

Approval of minutes: Motion (Newton/Bittner) to approve minutes of January 10, 2005 meeting passed.

1.0 TREASURER’S REPORT L. Newton

Very little activity since the last meeting. As of statement dated 12/31/04, balance is $1004.58.There is no change since the last statement. Report was accepted by the committee.

2.0 COUNTY REPORTS

2.1Sheriff’s Department Deputy Scott

Deputy not present, no report.

2.2 County Supervisor, District 3 Jerry Lenthall

Per Jerry, nothing very significant happening in the district. Pictures of the proposed San Luis Bay Bridge replacement project were distributed along with pictures of the widening project. Bob asked about the time frame of the project, are we still looking at six month shut down? Jerry presented each board member with a certificate for recognition of service, and thanked AVAC for the quality work we do.

ü Q: Are there plans to remove trees in this project? A: 4-5 trees are slated to be removed per James Caruso

ü Bob commented that the retaining wall looks really nice.

ü Nisan commented that the 5 ft rise to allow pedestrian & bike path access underneath the bridge don’t show that in the renderings at all. Jerry didn’t have an answer for that…will follow up after he has more information.

ü Russ commented that the bridge was built with a very large ramp that creates a dam for the Avila valley. Opening that up and making it higher and wider was discussed and was supposed to be done. Jerry will talk to engineering and follow up with their response.

2.3 County Planning Staff James Caruso

Subcommittee hasn’t met for a while, one new application came in. Out at Diablo, the steam generator project is progressing, a recommendation was made by James for AVAC to put together a land use committee for this. There is a subcommittee meeting on Wednesday, 2/4.

ü Bob asked James if there are any issues with conflict of interest?

The Planning Dept has been put in charge of all 12 advisory councils. The Department isn’t funded for all of this, and there is a large amount of time associated with all of these. The problem is really that advisory councils over that last 6 years or so have become more important and people really listen to them. Conflicts of interest can be a problem when advisory councils can take a stance on a project and kill the project when someone is going to get sued. 1. Real conflict of interest 2. Perceived conflict of interest. This is a small county, and we need to be careful in a really small town. James is going to ask the board if each advisory council can have a conflict of interest policy. We need to learn that is we are a friend, or relative of someone on the project, don’t be on that project.

Training session coming up in May, conflict of interest will probably be a big topic there.

ü Comment by Terry: How official are we in our links to county govt, advisory councils are being heard, but we aren’t really official county govt.

ü Comment by Russ: He has a lawyer who says you are wrong…we are as official as the county.

ü Per James, there is a political practices commission conflict of interest form, and all advisory councils will have to address this topic this year.

ü Comment by Bob: AVAC did put in some kind of pitch that James should be compensated for coming to these meetings.

3.0 OLD BUSINESS

3.1 Coastal commission staff report on Avila Valley Lodge: Karla reported that there is still not a date for the county hearing on the DiVincenzo project. James commented that it will probably be April.

4.0 NEW BUSINESS

4.1 County Code Enforcement Program/Harley Voss: Harley explained what the code enforcement program entailed. It is really an advisory for neighbors dealing with land use issues that aren’t covered by the planning commission, i.e., horses, chickens, quirky land use issues. They attempt to return calls the same day. Website is www.sloplanning.org and has a lot of information and links to many other resources for code enforcement cases. Avila Valley is more of a defined area than most of the cases. Art Trinidad, his boss is the investigative officer for our area. Karla asked James to speak to current specific plan requirements: There is a little bldg on front street that was slated to be a restaurant and the owner is using it as a part time residence/vacation rental on front street; as long as it’s a vacation rental we are not going to do much about it, could require the owner to get a minor use permit, or a one room hotel or motel…so that’s the deal. Doesn’t front street require commercial use? Karla asked if that meets the intent of the specific plan? Russ: if he owns and lives in it, does that make it a hotel? Is he paying occupancy rental? James: We don’t exist in an adversarial mode as a land use body, we don’t deal at that level with people. We deal with voluntary compliance. Jerry Lenthall commented that currently code enforcement is incredibly tied up in the Duvall property renovation process, very labor intensive, next 4-6 weeks, code enforcement is going to be very focused on this project and they are going to be slow on the update in the next 30 days, priority issue right now. Terry in the audience: will you be here more in the future? Harley encouraged Email as the best way to communicated with him and he will address whatever issues we have.

4.2 Pirates Cove Offer to Dedicate/Pam Heatherton

Pam gave update on status of project to dedicate at Pirate’s Cove. Explained history of project and interaction with Jan Delio from County Parks. They manage coastal access and work with the planning dept to determine where coastal access should be. Pirate’s cove offered an open space easement, vertical access from cave landing road, also offered lateral access. The County accepted the open space easement, but haven’t accepted the lateral and vertical access which were offered in 2003, doesn’t come due until 2004. Public access isn’t typically allowed until the offer is accepted, but at Pirates cove, that isn’t the case, everyone has gone there for years. Alex Casanova presented a historical overview of his organization, Whale’s cave conservancy and the 1990 original offer to dedicate from the bluffs project, with San Miguelito partners. Other issues discussed concerning the parking lot, delineation of the trail and revegetation. The coastal conservancy became caretakers of the area, picked up trash on a weekly basis, brought locals together to educate newcomers. There are 5 parcels in the area along with the open space agreement which came with the current offer to dedicate in 2001; parking, trash cans, existing use of beach and public access area. Avila CSD was involved to get sewer and water from Pismo. AVAC was involved and approved the plan amendment, 4 houses, parking lot improvements, open space easement, CCR’s are in place. Board of Supervisors has been involved and cooperative, ongoing EIR. Pirates Cove stays so nice because of the efforts of the Whale’s Cave Conservancy.

am Heatherton commented on her hopes to have pack it in and out of the beach signs. Drafting management plan which includes: closing the beach after dark and keep it closed until dawn.

Good partnership with all of the organizations, Ecoslo is heading up the beach cleanup this year.

Very interested in trail building, maintenance, coastal conservancy, grant fundraising. Had formerly written to the county, and they wanted them to come and talk to AVAC.

Pam commented that the county would transfer the vertical access to ECOSLO for mgmt of property consistent with the provisions in the mgmt plan, if they were irresponsible…revert back to the county. Going to a non -profit to is a new trend in managing coastal access areas.

Per James: Interesting that San Miguelito partners applied for LCP, they want to move urban services line out towards city of Pismo and include 5 lots to get water and sewer serves. Pismo is contractually bound to offer services to these 5 lots. Avila CSD, City of Pismo and owners are in a water wheeling agreement. Treating water as a commodity. Geology constraints and cultural resources, former Chumash site. EIR is being completed. If the dev are willing to improve stairs, parking lot and maintenance, working with Ecoslo and Whales’ Cave Group, motivating factor in county approving this. Then determine what dollar value can be assessed for endowment.

Dusty made a motion to support Ecoslo as manager of Pirate’s Cove coastal access areas which was seconded by Lynn Walter. Motion passed unanimously with Russ abstaining.

4.3 Fire prevention Grant Program/Walt Musso

Walt gave a Power point presentation about the work that has been done with the grant money to implement a fire protection plan for the Avila Valley. Walt presented the background, the objectives and goals of forming a Fires Safe Focus Group. He developed a committee in June to for the Avila Valley Focus Group. The focus group area takes in the areas north to Prefumo Canyon, south to Shell Beach, east to highway 101 and west to the ocean. San Luis Bay Estates was the only community that elected to participate. Within San Luis Bay Estates, there are 7 neighborhood associations. They all agreed to the project. That represents 513 homes and approximately 1100 acres. The forming of a Focus Group involves developing a plan to eliminate fire fuel, removing dead trees, trimming trees and in the case of San Luis Bay Estates, making sure the Evacuation Roads remain safe. Walt’s committee worked with the CDF to identify areas that will require work, they worked with property owners to hear their concerns in order to get “buy in”. They worked with several contactors to acquire cost bids and time frames. Only two contractors submitted bids for the entire amount of work required.

The grants are provided by the Federal Government. The Federal Government in coordination with The US Forest Service – Western State Fire Managers in 2000 created the Western Wildland Urban Interface Grant Program”. The Grant Program has four goals:

1 Education, 2 Reduce Hazardous Fuels, 3 Restore Fire-adapted Ecosystems, 4 Provide

Community assistance

Walt explained that on January 27th, he gave the SLO Fire Safe Council a presentation and a request to become an Official Focus Group and on the same day it was approved. The group submitted two grants totaling $879,000 and those grants are now in the approval processed.

The Avila Valley Focus Group expects the request will be broken up into a three year plan. If other communities within the boundaries of the Avila Valley Focus Group would like to participate, Walt will assist. Walt presented the Power Point slide presentation given to the SLO

Fire Safe Council showing work that needs to be done and work that has already been completed.

4.4 AVAC Land Use Committee

The purpose of the Avila Valley Advisory Council is to advise the Board of Supervisors and Planning staff on the views of the community regarding various issues related to development and commercial activities. The community consists not only of residents but also includes the agriculture-business and various commercial interest. The challenge we face as council members is to communicate County referred proposals to the community and to articulate the various issues so as to inform the community on the impact and benefit of these proposals.

The Avila Beach Sub-committee of AVAC has done an excellent job and continues to provide this service in accordance to their Specific Plan to the Avila Beach residents and commercial interests. The proposed Land Use Committee will attempt to emulate the process of the Avila Beach Sub-committee for County referred proposals outside of Avila Beach.

The Land Use Committee (LUC) will serve as a clearing-house for County referred projects. AVAC has volunteered to participate in Planning Department’s project to transmit these referrals via e-mail. LUC task will be to disseminate this information to the AVAC council members and to the communities that will be affected by these referred proposals. Notices of open hearings will be scheduled. The LUC will utilize postings, emails, AVAC’s web site, and/or mailings. The objective of the Land Use Committee will be to reach out and inform the community on what is planned in their area and to reflect on the communities’ response in a recommendation to AVAC.

Your support of this proposal would be appreciated. Your input and comments are welcomed.

Bob Pusanik, Chair

Avila Valley Advisory Council

Land Use Committee

Protocol

February 1, 2005

PURPOSE:

Evaluate project referrals from SLO County Department of Planning and Building and recommend an AVAC position. Evaluate uses for land with development potential as a preemptive act to potential development and recommend an AVAC position.

COMPOSITION:

The Land Use Committee shall consist of members appointed by the Chairperson or by a majority-approved Council resolution. Members may be any resident voter in the Avila Valley, and the Chair of the committee will be a Council member.

The Committee shall include a broad Valley-wide membership. The AVAC Chairperson may serve as an ex-officio member.

OPERATION:

The Committee shall prepare recommendations to the Council as a whole for action by the members. The Committee shall not implement any recommendations without specific authorization of the Council.

County Planning will continue to refer projects to the AVAC Chairperson. The chairperson will notify the Land Use Committee Chair and other Council members of all projects received for review via e-mail. All projects related to the Avila Beach Specific Plan will be referred to the Avila Beach Committee until such time as said committee disbands.

The committee Chairperson will be in charge of:

1) Setting agenda, date, and place of meeting.

2) Informing architects and their clients as well as all members of the committee of the meeting.

3) Placing one copy of plans at the CSD office for public review.

4) Posting a public meeting notice at the Avila Beach Post Office and the San Luis Bay Estates Postal area and on the AVAC web site.

5.0 EXECUTIVE COMMITTEE/COMMUNICATIONS

Communications and AVAC Calendar: Next meeting 3/14 /05

James was asked to disseminate information to department on the new land use committee. Jan Taylor asked for volunteers to help her upgrade the design the AVAC website in our outreach program to the Avila community.

6.0 STANDING & AD HOC COMMITTEE REPORTS

6.1 Avila Beach Committee (Lisa Newton/John Salisbury) no report

6.2 Avila Valley Committee (Jan Taylor) no report

6.3 San Luis Bay Estates (Sheri Gooding)

Karla submitted on behalf of Sheri, 3 items: Avila inn is opened in village, tours avail Avila deli is being stocked should be open soon. Bike trail, county working on main agreements with Rossi and Homeowners Assoc, making some resolutions on the horizon with that.

6.4 See Canyon (Bill Tickell)

Marylou: Watched the county take a tree down, in front of Jack’s house, took his fence down, thanking them for the great job they have down taking the trees out. 80-90 year old oaks that fell in the last storm, many trees down.

6.5 Squire Canyon (Karin Argano) no report

6.6 Traffic Circulation (Jan Taylor/Sherri Gooding)

Karla in lieu of Sherri: Involved in community evacuation plan, bridge replacement project, and working with Diablo on traffic reduction. Bike trail, code enforcement with signs on San Luis Bay Drive. Temp events traffic and emergency evacuation are still being monitored.

6.7 Community Liaisons

Port San Luis/Karla Bittner

Master Plan: February 25, 2005, County Board of Supervisors will hear final recommendation from Planning for Local Coastal Plan Amendment. Approval will move project to the Coastal Commission for approval.

Diablo Canyon Emergency Preparedness Update

June 2003, Board had an independent evaluation of the San Luis County Emergency Response Plan by Douglas Wood and Associates. October 23, 2003, the District participated in a drill required by the Federal Emergency Management Agency. Specific issues and training were identified.

Significant progress has been made in the last two years addressing those issues.

They include:

A) Faster and more reliable notification to the Harbor District when an emergency occurs.

B) Purchase of new radios to increase reliability of communications.

C) Office of Emergency Services provided emergency radio monitor that ties directly to the County OES.

D) December 2004 drill, Port completed evacuation in less time than it took to be notified in 2002.

E) Increased planning and communication skills.

F) Additional professional level training for public safety has been, and will continue to be provided to staff.

This continues to be a priority for staff time and funds.

Breakwater

Damage occurred during the earthquake estimated to be $1M. Congress adopted the Omnibus budget which included $500,000 for breakwater repair. There was a supplemental bill passed for $25M for emergency repairs the Port may be able to tap into.

Flood Zone 9 – no representative for the last nine months, considering deleting participation from our advisory council and community groups. Letter from homeowners from Mallard Green sent and they have been really responsive to monitor the creek and what is going on. How does AVAC feel about still having a representative? Dusty will try and find a volunteer.

6.8 Diablo Report (Dusty Palaia) Reported on Blakeslee Announcement in the Tribune about a bill calling for a study to investigate the Hosgri Fault, re: the safety and viability of the plant. Alliance for Nuclear Responsibility: New Statewide Org has been formed to stop the relicensing of Diablo and San Onofre. (http: //a4nr.org) Yucca Mountain Progress: New target date for opening the facility is 2012. Recommendation to offset ocean damage: PG&E needs to reach an agreement in order to renew the plant’s water discharge permit. Future meetings: 2/15 NRC Embassy Suites 6-9PM, 2/16 Diablo Ind Safety Committee Cliff’s Resort 1-5PM, 2/22 CPUC SLO Library. PBS NO: 1/14 aired a program taped here in SLO re: safety at nuclear power plants.

Diablo was the centerpiece. Dusty has the tape if anyone wants to view it or go online at PBS.org. Comments by Lynn Walter, engineer at Diablo about expert team of seismologists at Diablo and how difficult it would be to retrofit the plant to gas, not feasible.

7.0 PUBLIC COMMENT

Sylvia: Any plans for access through the tank farm? Russ says no…maybe another route that goes thru Dr D’s property up through See canyon.

Walt: Port San Luis Lighthouse update: Plan to put handicapped ramp to the lighthouse. Plan to rebuild a couple of duplexes…maybe rent them out. Working with county. Going to have Booth at farmer’s market this year, to build community.

Mr Bill Smith from Unocal: Question about water coming from a pipe: 3 pipes, 2 corrugated, surface drainage, 1st one near front street and san Miguel, 2nd one is surface drainage from the tank farm, 3rd pipe is a discharge pipe from the settlement pond…has pictures, the one that comes out of the pond is a flexible pipe that comes down to the beach. Also, some trees that are dying and he got an arborist out and there was an infestation of bark beetles…trees will be cut down,2 sets of trees on the far eastern side up towards pirates cove, also a couple over towards Lisa’s place.

8.0 ADJOURNMENT

Teri motioned to adjourn, Lisa seconded the motion.

Meeting was adjourned at 9:00 PM.

Respectfully submitted,

Karin Argano, Secretary