San Luis Obispo County Board Of Supervisors Agenda 11/14/06

AGENDA   BOARD OF SUPERVISORS
David Edge

County Administrator

Harry L. Ovitt, 1st District
Shirley Bianchi, 2nd District
Jerry Lenthall, Vice-Chairperson, 3rd District
K.H. “Katcho” Achadjian, Chairperson, 4th District
James R. Patterson, 5th District

     
NOVEMBER 14, 2006

PRESENTATION                                         9:00
PUBLIC COMMENT PERIOD
CONSENT AGENDA
      REVIEW AND APPROVAL    

ACTION AGENDA

      HEARINGS

      CLOSED SESSION                                 11:30

      NOON RECESS                                    12:00

      REPORT ON CLOSED SESSION                        2:00

      HEARINGS CONTINUED                                         

ADJOURNMENT                                           5:00

 

The Board of Supervisors of the County of San Luis Obispo are now meeting in regular session.  By Board resolution, business shall be conducted from 9:00 A.M. to 5:00 P.M. and public hearings are scheduled to start at 9:00 A.M.  Additional information regarding any items listed on today’s agenda can be obtained in the County Administrative Office.  Packets are also available at the Atascadero, South County, Paso Robles, Nipomo, Morro Bay and SLO City/County Libraries and the SLO Law Library (1st floor Government Center, SLO).  The Board of Supervisors’ weekly agenda and staff reports can be accessed at the following website www.countyofslo.org.
All persons desiring to speak on agenda items during Presentation, Consent Agenda, Public Hearing, Public Comment, Board Business, or prior to the Closed Session portion of the meeting, are asked to fill out a “Board Appearance Request Form”, and provide it to the Clerk of the Board prior to the start of the Board item.  Each individual speaker will be limited to a presentation total of three (3) minutes per person during the Consent Agenda and Public Comment period, and three (3) minutes per item addressed during Public Hearings.

FLAG SALUTE

PRESENTATION

A-1A

Resolution proclaiming November 2006 as “National Alzheimer’s Disease Month”.

Staff Report

A-1B

Resolution honoring the Environmental Center of San Luis Obispo County (ECOSLO) on its 35th anniversary. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

PC-1 PUBLIC COMMENT PERIOD

Members of the public wishing to address the Board on matters other than scheduled items, may do so when recognized by the Chairperson. Individuals interested in speaking should fill out a “Board Appearance Request Form” located at the back of the Board Chambers and hand it to the Clerk of the Board. Presentations are limited to three minutes per individual.

B-PC CONSENT AGENDA – PUBLIC COMMENT

BC-1 CONSENT AGENDA – REVIEW AND APPROVAL 

Items Set for Bid Opening:

B-1

Letter transmitting plans and specifications (Clerk’s File) for Driver Feedback Signs (Contract No. 300335); All Districts.  (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF BID OPENING SET FOR DECEMBER 14, 2006 AT 3:00 P.M.)

Staff Report

Administrative Office Items:

B-2

Submittal of resolutions (Clerk’s File) reviewing the conflict of interest code amendments and designations for various County departments, local government agencies, commissions/boards and school districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-3

Request to approve the Board of Supervisors’ meeting calendar for 2007.  (RECOMMEND APPROVAL.)

Staff Report

Health Agency Items:

B-4

Request to approve a renewal agreement (Clerk’s File) with the State Department of Health Services for the appropriation of funds for Emergency Medical Services Appropriation (EMSA) through Assembly Bill (AB) 1807.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-5

Request to approve an amendment to the contract (Clerk’s File) with the Economic Opportunity Commission (EOC) to provide adolescent pregnancy prevention and parenting case management services through the Adolescent Family Life Program (AFLP).  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-6

Submittal of a resolution amending the position allocation lists for Fund Center (114 Information Technology), Fund Center 160 (Public Health), Fund Center 161 (Mental Health), and Fund Center 162 (Drug & Alcohol Services.) (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-7

Submittal of a resolution commending Margaret Wheeler for 25 years of service to the Public Health Department.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

Planning and Building Items:

B-8

Request to authorize service of two partial notices of nonrenewal for J.B. Ventures, LLC, located east of See Canyon Road approximately 1.5 miles southwest from the City of San Luis Obispo; 3rd District.  (RECOMMEND APPROVAL.)

Staff Report

B-9

Request to authorize service of a partial notice of nonrenewal for the Arnold Klintworth Trust located north of the intersection of Poco Road and Highway 41 approximately 4 miles northeast of the City of Atascadero;  3rd District.  (RECOMMEND APPROVAL.)

Staff Report

Public Works Items:

B-10

The following parcel map has been received and has satisfied all the conditions of approval that were established in the public hearing on its Tentative Map:  A.  CO 04-0312, a proposed subdivision resulting in 2 lots, by Lee and Mindy Alegre and Linda Allen, located on El Pomar Drive, east of Templeton; 1st District. (RECOMMEND APPROVAL.)

Staff Report

B-11

Submittal of a bid opening report for the Shandon Loop Heights Pipeline Project, Shandon; 1st District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT DOCUMENTS WITH SPECIALTY CONSTRUCTION IN THE AMOUNT OF $103,360.)

Staff Report

B-12

Submittal of a bid opening report for the Operations Center sewer line replacement along Kansas Avenue near San Luis Obispo; All Districts.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT DOCUMENTS WITH R. BAKER, INC. IN THE AMOUNT OF $502,084.50.)

Staff Report

B-13

Submittal of a bid opening report and corresponding budget adjustment in the amount of $300,000 with the Urban State Highway Account for the Santa Ysabel Avenue enhancements, Los Osos: 2nd District.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT DOCUMENTS WITH V. LOPEZ & SONS IN THE AMOUNT OF $368,917.)

Staff Report

B-14

Submittal of a bid opening report for signal modifications, Main Street at Vineyard Drive, Templeton and Division Street on Orchard Avenue, Nipomo; 1st & 4th Districts.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT DOCUMENTS WITH LEE WILSON ELECTRIC CO. IN THE AMOUNT OF $29,800.)

Staff Report

B-15

Submittal of a bid opening report for the Main Street, Cambria – Street Lights Contract; 2nd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT DOCUMENTS WITH LEE WILSON ELECTRIC CO. IN THE AMOUNT OF $191,720.)

Staff Report

B-16

Request to approve an agreement (Clerk’s File) with Jacob’s Civil Inc. for professional construction management services in association with the Nacimiento Water Project and authorize to the Director of Public Works the authority to sign amendments to this agreement for additional contingency funding; All Districts.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

Other Items:

B-17

Submittal by General Services of a bid opening report for the construction services contract using the Job Order Contract or the “unit price book” method; All Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT DOCUMENTS WITH T. SIMONS COMPANY, INC.)

Staff Report

B-18

Submittal by the Auditor-Controller of a cash procedures review of the County Treasurer’s Office conducted on September 18, 2006. (RECOMMEND ITEM BE RECEIVED AND FILED.)

Staff Report

B-19

Request by Supervisor Bianchi to allocate $1,500 from District Two Community Project Funds – Fund Center 106, to the Cayucos Citizens Advisory Council for costs associated with holding public meetings; 2nd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-20

Request by the Sheriff-Coroner to approve a budget adjustment in the amount of $14,000 from the Civil Process Trust Fund to Cost Center 136 (Sheriff-Coroner) and amend the fixed asset list to purchase a replacement vehicle for the Civil Division. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

PUBLIC HEARINGS

C-1

Hearings to consider requests for amendments to the General Plan, adopting a Parks and Recreation Element (LRP2005-00015) and rescinding the Recreation Plan, the Trails Plan, the Parks and Recreation Master Plan, and related revisions to Framework for Planning, the Agriculture and Open Space Element, various Area Plans, and Title 22 of the County Code; and amendments to the Land Use Ordinance and the Land Use Element of the General Plan (LRP 2004-00026) (Salinas River Area Plan/San Miguel); All Districts.  (RECOMMEND APPROVAL.)

Staff Report

CLOSED SESSION ITEMS

I.

PENDING LITIGATION (Gov. Code, (� 54956.9.) It is the intention of the Board to meet in Closed Session concerning the following items:

    A.

Conference with Legal Counsel (Existing Litigation)(Gov. Code, (� 54956.9(a).) Formally initiated).  (1) County of San Luis Obispo v. Aron; (2) In re Los Osos Community Services District; (3) County of San Luis Obispo v. Filbin.

    B.

Conference with Legal Counsel (Anticipated Litigation (Gov. Code, (� 54956.9.) (4) Significant exposure to litigation (Gov. Code, (� 54956.9(b).)  No. of cases  2  .  Facts and circumstances not known to potential plaintiff which indicate significant exposure to litigation.  (5) Initiation of litigation (Gov. Code (� 54956.9(c).)  No. of cases  2  .

II.

CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code (� 54957.6.) It is the intention of the Board to meet in Closed Session to have a conference with its Labor Negotiator concerning the following: (6) Negotiator’s Name: Santos Arrona, Gail Wilcox; Name of employee organization:  SLOGAU; (7) Negotiator’s Name:  Santos Arrona, Gail Wilcox, Name of employee organization:  DCCA

NOON RECESS

REPORT ON CLOSED SESSION

C-2

Hearing to consider an appeal by Jean-Noel and Maketta Fourmeaux Du Sartel of the Subdivision Review Board’s decision to deny a request to divide an existing 198.85 acre parcel into two parcels of 80.2 acres and 118.83 acres each, 2 miles east of the intersection of Almond Drive and South El Pomar Road, approximately 8 miles east of the community of Templeton; 1st District. (CONTINUED FROM AUGUST 15, 2006.) (RECOMMEND ITEM BE CONTINUED TO JANUARY 23, 2007.)

Staff Report

C-3

Hearing to consider an appeal by Steve Holman of the Subdivision Review Board’s decision to deny his request to divide an existing 3.87 acre� site into 4 parcels for the purpose of sale and/or development, located at 6393 Cressey Street in the community of Creston;� 5th District. (CONTINUED FROM SEPTEMBER 26, 2006.) (RECOMMEND DENIAL OF THE APPEAL.)

Staff Report

C-4

Hearing to consider a fee for processing applications for the Medical Marijuana Identification Program.  All Districts.  (RECOMMEND APPROVAL.)

Staff Report

ADJOURNMENT

WEEKLY REPORT OF ENVIRONMENTAL DOCUMENTS AVAILABLE FOR REVIEW (THE FOLLOWING IS FOR PUBLIC INFORMATION ONLY AND IS NOT PART OF THE BOARD OF SUPERVISORS’ AGENDA)

 

The purpose of the environmental review process is to provide information about the environmental effects of the actions and decisions made by the County, so that environmental considerations become a part of the decision making process. The following is a summary of the most recent determinations made by the County’s Environmental coordinator.  The purpose of this listing is to notify the public of pending actions, which may affect the environment of San Luis Obispo County.

 

You are invited to participate in this process by reviewing and providing comments on the recommendations of the Environmental Coordinator.  Your comments should be in writing and should be delivered to:  Ellen Carroll, Environmental Coordinator, Department of Planning and Building, County Government Center, Room 310, San Luis Obispo, Ca  93408-2040.  For more information about the environmental review process, please write to the address above or call the Environmental Division of the Department of Planning and Building at (805) 781-5600.

 

Proposed Negative Declarations: A Negative Declaration is issued for projects that would not result in significant effects on the environment.  In many cases, the project applicant has added mitigation measures to the project to reduce environmental impacts in order to qualify for a Negative Declaration.  If you disagree with the issuance of a proposed Negative Declaration, you may provide comments or file a Request for Review of the Negative Declaration.  Requests for Review must be filed within two weeks of the date that the proposed Negative Declaration is posted and must address only environmental issues.  There is a fee for the request.  If you would like more information about this process, please contact the Environmental Coordinator.

For week of November 9, 2006

 

Templeton Area:  Heart Hill Vineyards Conditional Use Permit.  Request by Niner Wine Estates for a Conditional Use Permit to allow: 1) a 70,950-square foot production winery, 2) a 4,525-square foot white barrel chai facility (barrel storage), 3) a 19,610-square foot boutique winery, 4) an 11,120-square foot hospitality building, 5) wastewater treatment facilities, and 6) access roads, parking areas, related improvements.  In addition, the applicant is proposing to conduct 30 annual events; two events with up to 500 guests, four events with up to 200 guests, six events with up to 100 guests, and 18 events with up to 75 guests.  Amplified music at events (from 10 am to 5 pm) is also proposed.  The project will result in the disturbance of approximately 12.5 acres of two parcels 79 and 57 acres in size.  The project site consists of two parcels, one located on the northern side if Highway 46, approximately 1,700 feet southwest of Anderson Road and the second parcel on the southern side of Anderson Road, approximately 1,300 feet northwest of Highway 46, approximately one mile west of the community of Templeton, in the Adelaida planning area.  ED05-400 (DRC2004-00275)

 

Nipomo Area:  Beauchamp Conditional Use Permit and Parcel Map.  Request by Kevin Beauchamp for a Conditional Certificate of Compliance and Tentative Parcel Map (CO06-0082) to create a 0.57 acre property and subdivide the property into three parcels of 6,714, 6,714, and 11,339 square feet, each for the purpose of sale and/or development, which will result in the disturbance of the entire 0.57 acre parcel.  The proposed project is within the Residential Single-Family land use category and is located at 153 South Oakglen Avenue, approximately 350 feet south of Tefft Street in the community of Nipomo, in the South County (Inland) planning area.  ED06-104 (SUB2005-00209/SUB2006-00029)

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