San Luis County Board of Supervisors’ Agenda 12/5/06

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

     
DECEMBER 5, 2006

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

ACTION AGENDA

      HEARINGS         

      PLANNING DIRECTOR

      CLOSED SESSION   

      NOON RECESS                                          12:00

      REPORT ON CLOSED SESSION                              2:00

      HEARINGS CONTINUED     

ADJOURNMENT                                                 4:30

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 commending the County’s Fleet Manager, Spence Grafft, and the employees of County Fleet Services for outstanding service.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON.)

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 Bid Opening:

B-1

Letter transmitting plans and specifications (Clerk’s File) for the improvement of 23rd Street, Oceano; 4th District.  (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF BID OPENING SET FOR JANUARY 4, 2007 AT 3:00 P.M.)

Staff Report

B-2

Letter to reject the bid received for the Energy Conservation Project at the County Jail and authorize transmitting plans and specifications for public re-bidding of the project; All Districts. (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF BID OPENING SET FOR JANUARY 4, 2007 AT 3:00 P.M.)

Staff Report

Administrative Office Items:

B-3

Submittal of resolution reviewing the conflict of interest code amendments and designations for County Counsel. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-4

Submittal of a resolution establishing 2006-07 salaries and benefits for attorneys represented by the Deputy County Counsel Association. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-5

Submittal of an agreement with the Children’s Health Initiative for other agency grant funds for fiscal year 2006-2007.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-6

Request to approve an employment contract with Gail Wilcox to serve as Assistant County Administrative Officer. (RECOMMEND APPROVAL AND INSTRUCT DAVID EDGE TO SIGN.)

Staff Report

Auditor-Controller Items:

B-7

Submittal of a cash procedures review of the Farm Advisor’s San Luis Obispo office conducted on November 1, 2006.  (RECOMMEND ITEM BE RECEIVED AND FILED.)

Staff Report

B-8

Submittal of a cash procedures review of Child Support Services conducted on October 17, 2006.  (RECOMMEND ITEM BE RECEIVED AND FILED.)

Staff Report

B-9

Submittal of an annual report on departmental cash shortages for fiscal year ended June 30, 2006.  (RECOMMEND ITEM BE RECEIVED AND FILED.)

Staff Report

Clerk-Recorder Items:

B-10

Request by the Clerk Recorder to approve the minutes of the Board of Supervisors meetings of October 3, 17 and 24, 2006.  (RECOMMEND APPROVAL.)

Staff Report

B-11

Request to declare the results (Clerk’s File) of the November 7, 2006 Consolidated General Election. (RECOMMEND APPROVAL.)

Staff Report

B-12

Request to approve the appointments to the Upper Salinas Las Tablas Resource Conservation District Board of Directors.  (RECOMMEND APPROVAL.)

Staff Report

B-13

Request to approve the appointments to the Coastal San Luis Resource Conservation District Board of Directors.  (RECOMMEND APPROVAL.)

Staff Report

Health Agency Items:

B-14

Submittal of a resolution honoring Mary Collins, R.N. for her life-saving efforts at Juvenile Hall.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-15

Submittal of a resolution designating the Psychiatric Health Facility to provide services pursuant to Welfare and Institutions Code Sections 5150, 5250 and 5260. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-16

Request to approve a contract (Clerk’s File) with the California Department of Corrections and Rehabilitation (CDCR) for Tuberculosis (TB) Laboratory Testing of the California Men’s Colony (CMC) Inmates. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

Public Works Items:

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:

Staff Report

    A.

Tract 2538, a proposed subdivision resulting in 5 lots and 1 common lot, by Michael C. Dacey, Beach Street, Oceano, act on resolution to accept Avigation Easement; 4th District.

    B.

CO-01-0374, a proposed subdivision resulting in 11 lots, by Pierson Family Trust, State Highway 229, between the communities of Santa Margarita and Creston, reject the offer of dedication without prejudice to future acceptance for roads, slopes and drainage, storm drain, and emergency fire access road, act on resolution to accept the relinquishment of access rights along Highway 229; 5th District.

    C.

CO-00-0204, a proposed subdivision resulting in 3 lots, by Sol Campos, Jr. and Janice Manzo, State Highway 58, southwest of O’Donovan Road, south of Creston, act on resolution to accept the relinquishment of access rights along Highway 58; 5th District.       (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-18

Submittal of a resolution authorizing execution of notice of completion for the reconstruction of the Las Tablas Road underpass under State Highway 101; 1st District.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-19

Submittal of a resolution authorizing execution of notice of completion for the construction of Turri Road Bridge replacement over a branch of Los Osos Creek; 2nd District.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-20

Submittal of a resolution to approve a revolving fund appropriation and corresponding budget adjustment in the amount of $260,000 to County Service area 18 for the purpose of funding the Country Club, San Luis Obispo, plant upgrade improvement project; 3rd District.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

Other Items:

B-21

Submittal of a resolution by Pension Trust to add miscellaneous technical amendments to the retirement plan and extend benefit coverage to certain employee organizations.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-22

Submittal of resolutions by the Treasurer – Tax Collector accepting notice and approving sales of tax-defaulted property subject to the Tax Collector’s power to sell, Sale Numbers 211 and 212.  (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

B-23

Request by the Board of Supervisors to allocate $2,500 from Community Project Funds-Fund Center 106 (District One-$1,250/District Five – $1,250) to the Economic Vitality Corporation to be used for a comprehensive economic impact study of the County’s wine industry. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

PUBLIC HEARINGS

C-1 Hearing to consider four proposals to alter the boundaries of agricultural preserves:
A)

Request by Todd Talley to alter the boundaries of an existing agricultural preserve to enable the applicant to enter into a land conservation contract to reflect and comply with Agricultural Cluster Tract 2408, Phase II, located in the Agricultural land use category along Lopez Drive approximately 3 miles north of the City of Arroyo Grande (AGP 2005-00027); 4th District.

B)

Request by Todd Talley to alter the boundaries of an existing agricultural preserve to enable the applicant to enter into a land conservation contract to reflect and comply with Agricultural Cluster Tract 2408, Phase II, located in the Agricultural land use category along Lopez Drive approximately 3 miles north of the City of Arroyo Grande (AGP 2006-00016); 4th District.

C)

Request by Todd Talley to alter the boundaries of an existing agricultural preserve to enable the applicant to enter into a land conservation contract to reflect and comply with Agricultural Cluster Tract 2408, Phase II, located in the Agricultural land use category along Lopez Drive approximately 3 miles north of the City of Arroyo Grande (AGP 2006-00017);  4th District.

D)

Request by Todd Talley to alter the boundaries of an existing agricultural preserve to enable the applicant to enter into a land conservation contract to reflect and comply with Agricultural Cluster Tract 2408, Phase II, located in the Agricultural land use category along Lopez Drive approximately 3 miles north of the City of Arroyo Grande (AGP 2006-00018); 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Staff Report

C-2 Hearing to consider an appeal of the Transient Occupancy Tax (TOT) for Sycamore Mineral Springs; All Districts. (CONTINUED FROM OCTOBER 3, 2006) (RECOMMEND DENIAL OF THE APPEAL.)

Staff Report

PLANNING DIRECTOR

D-1 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 address various aspects of processing and reviewing agricultural preserve requests and revising the allowable uses and establishing permitted residential density for contracted land, with accompanying amendments to the Land Use Ordinance and Coastal Use Zone Land Ordinance, Titles 22 and 23 of the County Code; All Districts.

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) Los Osos Community Services District v. Golden State Water Company; (2)In re Los Osos Community Services District; (3) County of San Luis Obispo v. Aron

    B.

Conference with Legal Counsel ( Anticipated Litigation (Gov. Code, �54956.9.) (6) 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.  (7) 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:  (8)  Negotiator’s Name:  Santos Arrona, Gail Wilcox, Name of employee organization:  SLOGAU; (9) Negotiator’s Name:  Santos Arrona, Gail Wilcox, Name of employee organization:  DCCA; (10) Negotiator’s Name:  Santos Arrona, Gail Wilcox, Name of employee organization:  Unrepresented Management and Confidential Employees; (11) Negotiator’s Name:  Santos Arrona, Gail Wilcox, Name of employee organization:  SLOCEA.

NOON RECESS

REPORT ON CLOSED SESSION

HEARINGS CONTINUED

C-3

Hearing to consider requests for amendments to the Land Use Ordinance, Coastal Zone Land Use Ordinance, Growth Management Ordinance, and Land Use Element – South County Area Plan (LRP2005-00017-Viborg; LRP2003-00011 – DeGroot; LRP2005-00016 – County of SLO (Affordable Standards): LRP2005-00009 – County of SLO (Condominium Conversions); All Districts. (CONTINUED FROM NOVEMBER 14, 2006) (RECOMMEND APPROVAL.)

Staff Report

ADJOURNMENT

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