San Luis Obispo County Board of Supervisors Agenda 11/21/06

AGENDA   BOARD OF SUPERVISORS
David EdgeCounty 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 21, 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

COUNTY ADMINISTRATOR

PLANNING DIRECTOR

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-1

Submittal of a resolution recognizing the Grizzly Youth Academy for their contributions to San Luis Obispo County. (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

Items Set for Hearing:

B-1

Request to conduct assessment proceedings for Parcel Map CO 06-0085; 4th District. (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF HEARING DATE SET FOR JANUARY 9, 2007 AT 9 A.M.)

Staff Report

B-2

Submittal of a resolution of intention of the San Luis Obispo County Flood Control and Water Conservation District to annex Parcel Map CO 06-0085 to Flood Control Zone 16; 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN AND INSTRUCT CLERK TO GIVE NOTICE OF HEARING SET FOR JANUARY 23, 2007 AT 9 A.M.)

Staff Report

Administrative Office Items:

B-3

Submittal of a resolution reviewing the conflict of interest code amendments and designations for the Air Pollution Control District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-4

Submittal of a resolution reviewing the conflict of interest code amendments and designations for Coast Unified School District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

Health Agency Items:

B-5

Request by the Health Agency to amend the Conditional Release Program (CONREP) Standard Agreement (Clerk’s File) with the State Department of Mental Health, adding Exhibit E, the Health Insurance Portability and Accountability Act (HIPAA). (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-6

Request to approve: 1) a Drug Court Partnership renewal grant agreement (Clerk’s File) with the State of California Health and Human Services, Department of Alcohol and Drug Programs; and 2) a budget adjustment in the amount of $7,433 from unanticipated revenue to the Drug and Alcohol Fund Center; and 3) authorize the Drug and Alcohol Services Manager or designee to enter into this agreement and any amendments thereto; and 4) a renewal agreement (Clerk’s File) with Mental Health Services, Inc.; and 5) a resolution amending the Probation Department Position Allocation List. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-7

Request to approve mini-grants (Clerk’s File) with California Friday Night Live Partnership (CFNLP) and the related budget adjustment in the amount of $20,000 from unanticipated revenue to the Drug and Alcohol Fund Center. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-8

Request to approve a renewal agreement (Clerk’s File) with the California Friday Night Live Partnership and the related budget adjustment in the amount of $33,500 to the Drug and Alcohol Services Fund Center. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-9

Request to approve an employment contract with Thomas Maier, PhD as the Public Health Laboratory Director. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

Planning and Building Items:

B-10

Submittal of a resolution accepting an Avigation Easement from Fe D. Betita, Trustee of the Fe D. Betita Trust for the San Luis Obispo County Regional Airport; 3rd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-11

Request to approve the proposed Mitigated Negative Declaration (ED06-048) for the Old Towne Culvert Project located on Burton Street, Mallagh Street, Teftt Street, and Thompson Avenue in the Community of Nipomo; 4th District. (RECOMMEND APPROVAL.)

Staff Report

B-12

Request to authorize service of a partial notice of nonrenewal of a land conservation contract for Rodney Schmidt, located approximately three quarters of a mile from the intersection of Upper Los Berros and Litahni Lane, and approximately 4 miles northeast from the Community of Nipomo; 4th District. (RECOMMEND APPROVAL.)

Staff Report

Public Works Items:

B-13

Submittal of a resolution to apply for grant funding under the Bicycle Transportation Account Program; 1st & 4th Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-14

Submittal of a resolution designating the Director of Public Works as the authorized representative to execute Proposition 40 grant agreements and approve the budget adjustments to authorize work to proceed; 1st and 5th Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-15

Submittal of a bid opening report for the improvement of a portion of Mission Street between 12th and 13th Streets, in the Community of San Miguel; 1st District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT WITH V. LOPES & SONS IN THE AMOUNT OF $395,620.88)

Staff Report

B-16

Submittal of a resolution amending the San Luis Obispo County Traffic Regulation Code establishing stop intersections at the intersections of Neal Spring Road and River Road, Templeton; Willow Drive and Nipomo Avenue, Los Osos; Mona Lee Court and Scott Lee Drive, and Wilmar Avenue and Nineteenth Street, Oceano; Dana Foothill Road and Sheehy Road, and Sebastion Way and Soares Drive, Nipomo; 1st, 2nd, and 4th Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-17

The following maps have been received and have satisfied all the conditions of approval that were established in the public hearings on their Tentative Maps:

    A.

COAL 05-0371, a proposed lot line adjustment of 3 lots, by Arnold Klintworth et al, north side of Highway 41, east of Atascadero; 1st District.

    B.

CO-05-0192, a proposed subdivision resulting in 2 condominium units, by Mark and Jolie Chandler Family Trust, Brewer Street, Templeton; 1st District.

    C.

Tract 2619, a proposed subdivision resulting in 23 lots, by 22 Amigos LLC, Avenida de Amigos, Nipomo; 4th District. (RECOMMEND APPROVAL.)

Staff Report

Social Services Items:

B-18

Request by Social Services to approve a contract with Solutions West for CalWIN help desk support. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-19

Submittal of a resolution amending the Position Allocation List deleting 1.0 FTE Deputy Director of Social Services position and adding 1.0 FTE Assistant Social Services Director position and setting salary schedule. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

Other Items:

B-20

Submittal by the Auditor Controller of a cash procedures review of the District Attorney’s Office, Victim/Witness Assistance Center, and the Economic Crime Unit conducted on October 11, 2006. (RECOMMEND ITEM BE RECEIVED AND FILED.)

Staff Report

B-21

Request by the Clerk Recorder for the Board of Supervisors to make appointments in lieu of an election for the November 7, 2006 Consolidated General Election. (RECOMMEND APPROVAL.)

Staff Report

B-22

Submittal of a resolution recognizing Dr. Marie Rosenwasser for her service as Superintendent/President of San Luis Obispo County Community College. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-23

Submittal of a resolution from the Probation Department authorizing the Chief Probation Officer to submit to the California State Corrections and Standards Authority (CSA) a supplemental application for approval of San Luis Obispo County’s Comprehensive Multi-Agency Juvenile Justice Plan Modification. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-24

Request by the Sheriff’s Department to approve a grant application to the Corrections Standards Authority for a Mentally Ill Offender Crime Reduction (MIOCR) grant. (RECOMMEND APPROVAL.)

Staff Report

B-25

Submittal of a resolution by General Services of intention to purchase real property adjacent to San Miguel Park, located in the unincorporated area of San Miguel; 1st District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

PUBLIC HEARINGS

C-1

Hearing to consider a resolution to vacate a portion of Blanche Street and two alleyways, purported to be public roads, in the community of Los Berros; 4th District. (INTRODUCED OCTOBER 24, 2006.) (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

C-2

Hearing to consider the annual review (Clerk’s File) of the South County Quality Air Mitigation Program in the South County Planning Area; 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

C-3

Hearing to consider an ordinance amending the County fee schedule for Fiscal year 2007-2008. Changes to the existing fees in this schedule will take effect on July 1, 2007 with the exception of fees for Parks, Golf Courses, and the Airport which take effect January 1, 2007; All Districts. (INTRODUCED NOVEMBER 7, 2006) (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

CS-1

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. Andre and (4) Valdez, et al. v. County of San Luis Obispo, et al.

    B.

Conference with Legal Counsel ( Anticipated Litigation – (Gov. Code �54956.9.) (5) 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. (6) 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: (7) Negotiator’s Name: Santos Arrona, Gail Wilcox, Name of employee organization: SLOGAU; (8) Negotiator’s Name: Santos Arrona, Gail Wilcox, Name of employee organization: DCCA; (9) Negotiator’s Name: Santos Arrona, Gail Wilcox, Name of employee organization: Unrepresented Management and Confidential Employees, (10) Negotiator’s Name: Santos Arrona, Gail Wilcox, Name of employee organization: SLOCEA.

NOON RECESS

REPORT ON CLOSED SESSION

BOARD BUSINESS

D-1

Consideration of the Fiscal Year 2006-07 First Quarter Financial Report. Planning Director

Staff Report

E-1

Discussion of the current development trend of small lot detached single-family development in the residential multi-family land use category.

Staff Report

E-2

Request for an authorization to process a Land Use Ordinance Amendment application (LRP2006-00004-Nipomo Oaks) to amend the South County Area Plan by changing the land use category on approximately 1 acre of property from residential multi-family to commercial retail for the purpose of allowing the site to be developed with mixed-use development. The property is located on the north side of Hill Street, approximately 900 feet west of South Frontage Road in the Community of Nipomo.

Staff Report

E-3

Consideration of a request to authorize the processing of amendments to the San Luis Obispo County Rules and Procedures to implement the California Land Conservation Act of 1965 to amend Table 1, “Minimum Ownership Sizes for Qualification and Minimum Parcel Sizes for Conveyance of Land & New Land Divisions.”

Staff Report

ADJOURNMENT

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

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 16, 2006

 

San Miguel Area: Lamb Minor Use Permit. Request by Monte and Cathy Lamb to allow for an existing equestrian facility and new single family residence, which will result in the disturbance of approximately 5,000 square feet on a 24 acre parcel. The proposed project is within the Agricultural land use category, and is located at 60 Martingale Circle, on the southeast corner of Estrella Road, approximately 10 miles east of the community of San Miguel. ED06-061 (DRC2005-00217)

 

Paso Robles Area: Wallace Parcel Map. Request by Paul and Shelly Wallace to subdivide an existing 20-acre lot into two parcels of approximately 10 acres each for the purpose of sale and/or development. The proposed project is within the Residential Rural land use category, and is located at 5560 El Pomar Drive (north side), approximately 3,696 feet east of South El Pomar Road, approximately 6 miles east of the community of Templeton, within the El Pomar/Estrella planning area. ED05-244 (SUB2005-00080)

 

Lock Conditional Use Permit. Request by Pam and Steve Lock to allow for the establishment of a winery of approximately 8,200 square feet, which will be comprised of two separate buildings; an approximate 4,768 square foot processing building (which includes a 768 square foot office), and an approximate 3,440 square foot barrel and tank storage building, which will result in the disturbance of approximately 10,000 square feet of a 28.83 acre parcel. The project also includes a request to modify the distance requirement of Land Use Ordinance to allow wine tasting to be located further than the requirement of one mile from a designated collector road. The request is to allow wine tasting three days per week by appointment. The proposed project is within the Agriculture land use category, and is located at 1520 Kiler Canyon Road (north side), approximately 1,000 feet northeast of Arbor Road, approximately 2 miles west of the City of Paso Robles, in the Salinas River planning area. ED05-388 (DRC2005-00086)

 

Templeton Area: Sani Land Use Ordinance Amendment. Request by Javad Sani to amend the Land Use Ordinance, Title 22 of the County Code, Section 22.104.090.G.2 to incorporate the subject property into the planning area standard that allows multi-family dwellings in the Office and Professional land use category. The purpose of this request is to allow development of 10 detached residential units totaling approximately 21,500 square feet on a 0.93 acre parcel within a 3.3 acre site. The proposed project is within the Office and Professional land use category, and is located at 1315 Las Tablas Road, approximately 1/2 mile west of the community of Templeton, in the Salinas River planning area. ED06-088 (LRP2005-00012)

 

Shandon/Carrizo Area: Derryal Parcel Map. Request by John Derryal to subdivide a 10 acre parcel into two parcels of 5 acres each for the purpose of sale and/or development. The proposed project is within the Residential Rural land use category, and is located on the west side of San Juan Road, approximately 0.60 mile south of Highway 41, in the community of Shandon, in the Shandon-Carrizo planning area. ED05-050 (SUB2005-00226)

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