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Board of Supervisors of the County of San Luis Obispo

MAY 23, 2006

PRESENTATION 9:00
PUBLIC COMMENT PERIOD
CONSENT AGENDA
REVIEW AND APPROVAL
COUNTY ADMINISTRATOR
ACTION AGENDA
HEARINGS
CLOSED SESSION 11:30
NOON RECESS 12:00
REPORT ON CLOSED SESSION 2:00
HEARINGS CONTINUED
ADJOURNMENT 4:00

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

9:00 PRESENTATION

A-1 Presentation of Employee Service Awards. (RECOMMEND APPROVAL.) 

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 Any Supervisor may request any item be withdrawn from the Consent Agenda to permit discussion or change the recommendation course of action.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 Introduction of a resolution to collect delinquent service charges on Property Tax Bills for County Service Area No. 16 (Shandon – Water Service), County Service Area No. 23 (Santa Margarita Water Service), County Service Area No. 10A (Cayucos Water Service), County Service Area No. 1 (Nipomo Sewer Service), and County Service Area No. 18 (San Luis Country Club Estates – Sewer/Waste Disposal) to the 2006-2007 County Property Tax Bills; All Districts. (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF HEARING DATE SET FOR JUNE 27, 2006 AT 9:00 A.M.)

B-2 Letter transmitting plans and specifications (Clerk’s File) for the construction of east T-Hangars at the San Luis Obispo County Regional Airport (#330002). (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF BID OPENING SET FOR JUNE 22, 2006 AT 3:00 P.M.)

Administrative Office Items:

B-3 Submittal of resolutions amending the Memorandum of Understanding between the County and the San Luis Obispo County Employees Association (SLOCEA) to increase compensation for certain classifications in: 1) the Supervisory Unit; and 2) Trades, Crafts and Services Unit. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-4 Request from Risk Management to confirm settlement of a claim in the amount of $50,000, previously approved in closed session, related to Behavioral Health division. (RECOMMEND APPROVAL.)

General Services Items:

B-5 Request to approve a contract with Comerford Inc., dba Fairway Management, for operation of the Pro Shop, Restaurant, Bar and Banquet Facilities at the Morro Bay State Park Golf Course. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-6 Request to approve a contract with Comerford Inc., dba Fairway Management, for the operation of the Pro Shop, Restaurant, Bar and Banquet Facilities at Dairy Creek Golf Course. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-7 Submittal of a bid opening report for the construction of new pavement areas, reconfigured taxiways and storm drainage at the San Luis Obispo County Regional Airport . (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT DOCUMENTS WITH SOUZA CONSTRUCTION, INC. IN THE AMOUNT OF $2,768,764.)

B-8 Submittal of a resolution authorizing the execution of a Notice of Completion and Acceptance for the construction contract to build a new restroom/shower facility at Santa Margarita Lake Park; All Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-9 Request to approve: 1) a new maintenance project to install security measures at the entries to the Courthouse in San Luis Obispo ; and 2) a corresponding budget adjustment in the amount of $186,700 from unanticipated revenues. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Public Works Items:

B-10 Submittal of a resolution establishing the 2006-2007 Special Tax Rate and confirming the per parcel Special Tax amount in County Service Area No. 9, Ash Street Improvement Zone; 2nd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-11 Submittal of a resolution establishing the 2006-2007 Special Tax Rate and confirming the per parcel Special Tax amount in County Service Area No. 21, Ashby Lane Road Improvement Zone; 2nd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-12 Submittal of a resolution establishing the 2006-2007 Special Tax Rate and confirming the Per Parcel Special Tax amount in County Service Area No. 21, Pineridge Drive Road Improvement Zone; 2nd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-13 Submittal of a resolution to levy assessments for Flood Control Zone 4 (Santa Maria River Levees); 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-14 Submittal of a bid opening report for the construction of a left turn lane on Tank Farm Road at Santa Fe Road near San Luis Obispo, CA (Contract No. 300151) and recommend approval of a corresponding budget adjustment in the amount of $1,166,146; 3rd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN CONTRACT DOCUMENTS WITH SOUZA CONSTRUCTION, INC. IN THE AMOUNT OF $812,378.)

Other Items:

B-15 Submittal from Pension Trust of a resolution adding Section 2.12.5 Military Service Credit – Purchase of prior service; up to four years, to the San Luis Obispo County Employees’ Retirement Plan for the following employee classifications: 1) Safety Members in bargaining units 03, 14; and 2) Miscellaneous Members in bargaining units 21, 22. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-16 Request from the Sheriff-Coroner to approve a budget adjustment in the amount of $10,000 from the State Asset Forfeiture Trust Fund to Budget Unit 136-Sheriff – Coroner, and amend the operating budget to allow the improvement and repair of a rigid hull inflatable boat. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

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.

COUNTY ADMINISTRATOR

D-1 Submittal of the Third Quarter Financial report for Fiscal Year 2005-2006.

D-2 Introduction of the Fiscal Year 2006-2007 Proposed Budget.

II. PUBLIC HEARINGS

C-1 Hearing to consider an appeal by Donald Carnine of the Subdivision Review Board disapproval of his request for a tentative parcel map CO 05-0090 using the Transfer of Development Credits program to subdivide an existing 40 acre parcel into two parcels of 20 acres each; the project is located at 4242 Las Tablas-Willow Creek road, approximately 3.5 miles west of the community of Templeton; 1st District. (CONTINUED FROM APRIL 4, 2006.) (RECOMMEND CONTINUING THE HEARING TO SEPTEMBER 12, 2006.)

C-2 Hearing to consider a resolution vacating a temporary easement and offer of dedication for Quicksilver Way, a purported Public Road in the town of Templeton; 1st District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

C-3 Hearing to consider an appeal of the Templeton Road Improvement Fee by D. Wasserman for a building permit to construct a winery facility on El Pomar Drive ; 1st District. (RECOMMEND DENIAL OF THE APPEAL.)

11:30 CLOSED SESSION ITEMS

12:00 NOON RECESS

2:00 REPORT ON CLOSED SESSION

HEARINGS CONTINUED

C-4 Hearing to consider a resolution certifying the San Luis Obispo County Regional Airport Master Plan Update and final environmental assessment/environmental impact report (EA/EIR); All Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

C-5 Hearing to consider adoption of resolutions to take final action on all the amendments tentatively recommended for approval on May 9, 16, 23, 2006 – Amendments to the Land Use Element (South County Area Plan), Title 19 (Building and Construction Ordinance), Title 22 (Land Use Ordinance), and Title 26 (Growth Management Ordinance) – Summer General Plan Amendment Cycle 2006; All Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

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

2. Los Osos CSD v. Golden State Water Company

3. Gardner v. County of San Luis Obispo

4. County of San Luis Obispo v. Equilon Enterprises, LLC

5. Casmalia, Disposal litigation

B. Conference with Legal Counsel B 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_

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: SLOCEA Trades and Crafts

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

11. 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 May 18, 2006

Paso Robles Area

Jones Parcel Map. Request by Patricia Lynn Jones to subdivide an existing 17.46 acre parcel into two parcels of 5.00 and 12.46 acres each for the purpose of sale and/or development. The project includes off-site road improvements to Nacimiento Lake Drive , which will result in the disturbance of approximately 25,000 square feet. The proposed project is within the Residential Rural land use category, and is located at 1295 Nacimiento Lake Drive (west side), approximately 1,200 feet north of Adelaida Road, approximately 2 miles northwest of the City of Paso Robles, in the Adelaida planning area. ED05-315 (SUB2005-00118)

Ground Squirrel Hollow

Area Gaspar Grading Permits. Request by Anthony Gaspar to grade for three residential building pads on three parcels (.0.97, 0.98, and 0.99, acres each), which will result in the total disturbance of approximately 45,000 square feet (approximately 1,300 cubic yards of cut and 1,350 cubic yards of fill). The proposed projects are in the Agricultural land use category and located on the north and south sides of Reindeer Place and on the south side of Forked Horn Place , in the Ground Squirrel Hollow area, approximately 6 miles east of the City of Paso Robles , in the El Pomar/Estrella planning area. ED05-379 (PMT2005-01855, PMT2005-01858 and PMT2005-01860)

Avila Beach Area

Department of General Services (Bob Jones Bikepath Segment) Minor Use Permit. Request by County General Services to realign a section of the Bob Jones (Class 1) Bikepath. This would include: construction of 860 linear feet of 8-foot wide, paved, multi use path with 2-fioot wide graveled shoulders on each side; 565 linear feet of 10-foot wide golf cart path; minor alterations to a golf course; installation of a 10-foot tall chain link fence and a 12-foot tall trellis; construction of a 2.5-foot tall retaining wall; construction of two concrete stairways onto Avila Beach Drive; installation of crosswalk signage and indicators; potential installation of a 30-foot tall safety net; the removal of 17 eucalyptus trees; and the planting of 27 eucalyptus trees, which will result in the disturbance of approximately 0.5 acre. In addition, the County Public Works Department proposes to abandon approximately 2.6 acres of public road right of way in exchange for the offer of approximately 1.0 acre to the County. The proposed project is within the Recreation land use category, and is located on and adjacent to the Avila Beach Golf Course, immediately north of Avila Beach Drive, between San Miguel Street and First Street, in the community of Avila Beach, within the San Luis Bay (Coastal) planning area. ED05-228 (DRC2005-00032)