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BOS Agenda 2006-05-02

MAY 2, 2006

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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

9:00 PRESENTATION

A-1 Adoption and presentation of a resolution:

A. Proclaiming May 2006 as “Bike Month” and May 15 – 19, 2006 as “Bike to Work and School Week”.

B. Proclaiming May 2006 as “Veterans Appreciation Month”.

C. Proclaiming May 2006 as “Toddler Immunization Month”. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

A-2 Submittal of: 1) a resolution proclaiming May 2006 as “ San Luis Obispo County Older Americans Month”; and 2) the 2005 Adult Services Policy Council Annual Report. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN AND RECEIVE AND FILE REPORT.)

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.

CONSENT AGENDA – REVIEW AND APPROVAL
The routine items listed on the consent portion of the agenda are scheduled for consideration as a group. Recommendations are shown for each item. Any Supervisor may request any item be withdrawn from the Consent Agenda to permit discussion or change the recommendation course of action.

I. CONSENT AGENDA
Unless an item is pulled for separate action by the Board, the following recommendations are approved without discussion.

Items Set for Hearing/Bid Opening:

B-1 Letter transmitting plans and specifications (Clerk’s File) for the construction of Lift Station No. 3 Upgrade in County Service Area No. 7 Oak Shores, (CA Contract No. 300199); 1st District. (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF BID OPENING SET FOR JUNE 1, 2006 AT 3:00 P.M.)

B-2 Introduction of proposed changes to the ordinance establishing a Public Authority pursuant to California Welfare Institutions Code Section 12301.6. (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF HEARING DATE SET FOR MAY 16, 2006 AT 9:00 A.M.)

Health Agency Items:

B-3 Request from Public Health to approve: 1) a renewal agreement (Clerk’s File) with the State Department of Health Services for Bioterrorism Preparedness Activities through the Health Resources and Services Administration (HRSA); 2) the required certification form stating funds shall only be used for bioterrorism preparedness and planning; and 3) a corresponding budget adjustment in the amount of $195,684. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-4 Request from Public Health to approve: 1) a renewal agreement (Clerk’s File) with the State Department of Health Services for Public Health Preparedness and Response to Bioterrorism and other Public Health Emergencies; 2) the required certification form stating funds shall only be used for bioterrorism preparedness and planning; 3) create a new maintenance project entitled “Health – San Luis Obispo – Phase 2 Upgrade Public Health Laboratory in the amount of $160,000; and 4) a corresponding budget adjustment in the amount of $162,574 from unanticipated revenue. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-5 Request to approve a budget adjustment in the amount of $24,995 from the General Fund for a one-time expenditure to secure an independent contractor for Pandemic Influenza Preparedness and Response Planning. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-6 Request from Drug and Alcohol Services/Behavioral Health to authorize and direct Drug and Alcohol Services to request the State have a direct provider Drug Medi-Cal (DMC) contract with drug and alcohol treatment provider Mental Health Systems, Inc. (RECOMMEND APPROVAL.)

Public Works Items:

B-7 Submittal of a resolution to levy sewer availability charges for County Service Area No. 7-A ( Oak Shores ) and County Service Area No. 18 (San Luis Obispo Country Club Estates); 1st and 3rd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-8 Submittal of a resolution to levy water availability charges for County Service Area No. 16 (Shandon) and County Service Area No. 23 (Santa Margarita); 1st and 5th Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Other Items:

B-9 Request from the Administrative Office to approve recommended responses to findings and recommendations contained in the March 2006 Grand Jury report on Pesticides Use at the Agricultural/Urban Interface, and to forward the responses to the Presiding Judge of the Superior Court. (RECOMMEND APPROVAL.)

B-10 Submittal from the Auditor-Controller of a summary of hotel audits for compliance with the reporting requirements of the County Transient Occupancy Tax Ordinance for the period of January 1, 2005 through December 31, 2005. (RECOMMEND ITEM BE RECEIVED AND FILED.)

B-11 Submittal from the Planning and Building Department of resolutions to approve an open-space easement agreement and agreement establishing restrictions and obligations for Real Property Adjusted by Lot Line Adjustment COAL 04-0118 with Stan Weaber Construction Inc., Larry A. Ulam, Nettie Ulam Fort , Trustee or Successor Trustee for the John Douglas Fort and Nettie Ulam Fort Trust u/t/a dated December 28, 1983; 5th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-12 Request from the Probation Department to approve a renewal contract (Clerk’s File) with Family Care Network, Inc. to provide counseling services for juveniles and their families referred from the Probation Department who are participating in the Intensive Community Diversion Program. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-13 Submittal from the Sheriff-Coroner of a resolution to permit the destruction or disposal of certain Sheriff’s Department records, documents and papers that are beyond the retention period required by law. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

II. PUBLIC HEARINGS

C-1 Hearing to consider a proposed amendment to Land Use Ordinance Section 22.92.020 – Areawide Standards, Adelaida Planning Area – Title 22 of the County Code , to establish “critical viewsheds” for Highway 1 and the “Cayucos Fringe”, together with development standards to protect scenic views (County File No. G020004N); 1st and 2nd Districts. (CONTINUED FROM NOVEMBER 1, 2005.) (RECOMMEND PUBLIC TESTIMONY BE RECEIVED AND CONTINUE HEARING TO JUNE 27, 2006.)

11:10 CLOSED SESSION ITEMS

12:00 NOON RECESS

2:00 REPORT ON CLOSED SESSION

HEARINGS CONTINUED

C-2 Hearing to consider an appeal by Magda Fichter of a Planning Commission determination (pursuant to Section 23.04.118c) of the Coastal Zone Land Use Ordinance) that hot tubs are not allowed within a bluff setback; property is located at 930 Pacific Street in the community of Cayucos; 2nd District. (RECOMMEND DENIAL OF THE APPEAL.)

III. BOARD BUSINESS
Persons wishing to speak on the following issues should fill out a “Board Appearance Request Form” and hand it to the Clerk of the Board prior to consideration of the item.

PUBLIC WORKS DIRECTOR

D-1 Discussion of a resolution adopted February 28, 2006 regarding a proposed amendment to the 1959 Agreement governing the maintenance of the Arroyo Grande and Los Berros Creek Levees and other actions within Flood Control Zones 1 & 1A; 3rd & 4th Districts.

4:00 ADJOURNMENT

ATTACHMENT “A” CLOSED SESSION ITEMS

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 B Existing Litigation (Gov. Code, ' 54956.9(a).) (Formally initiated)

1. County of San Luis Obispo v. Andre, et al.

2. County of San Luis Obispo v. Aron

3. Los Osos CSD v. Golden State Water Company

4. Almond Heights , LLC v. County of San Luis Obispo

B. Conference with Legal Counsel B 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__

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: SLOCEA Trades and Crafts

9. Negotiator’s Name: Santos Arrona, Gail Wilcox
Name of employee organization: SLOPPOA

10. Negotiator’s Name: Santos Arrona, Gail Wilcox
Name of employee organization: DCCA

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 April 27, 2006

Countywide County Title 22 and 23 Amendment. Request by the County of San Luis Obispo to amend the County’s Land Use Ordinance (Title 22 [Inland], Sections 22.22.440F and 22.22.080), and Coastal Zone Land Use Ordinance (Title 23, Sections 23.08.164(f&g) and 23.04.028(d)) to: 1) modify the County’s standards for mobile home park closure, subdivision and conversion to other uses; and 2) modify the County’s standards to convert existing residential development into a condominium, planned development or similar residential unit ownership. The proposed project applies to all land use categories within the unincorporated portions of the county. For further information, please contact John Busselle at 781-5154. ED05-317 (LRP2005-00009 A & B)

Ground Squirrel Hollow Evenson Grading Permit. Request by Todd Evenson to grade for a residential building pad and driveway, which will result in the disturbance of approximately 26,000 square feet on an approximate 2.2-acre parcel (about 1,200 cubic yards of cut and 1,200 cubic yards of fill). The proposed project is within the Agriculture land use category, and is located on the north side of Morningstar Place, approximately 1,000 feet west of Maverick Way, in the Ground Squirrel Hollow area, approximately 4.6 miles southeast of the City of Paso Robles, in the El Pomar-Estrella planning area. ED05-375 (PMT2005-02282)