MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

District Three

 

J. STEVEN WORTHLEY –    Vice Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

SEPTEMBER 23, 2014

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda.  Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time.  For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration.  Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak with a total of fifteen (15) minutes allotted for the Public Comment Period.  At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.             Board of Supervisors matters.

2.             Present plaque to Jake Raper, Resource Management Agency Director upon his retirement for his years of County service.

3.             Public Comments.

 

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from Resource Management Agency to deny the appeal filed by Mr. Paul F. Pugh, Jr. and uphold the Resource Management Agency determination that Surface Mining Permit and Reclamation Plan No. PMR 91-005 has expired, there are no vested rights, and a new Surface Mining Permit and Reclamation Plan is required to allow Tulare County to authorize future mining operations on the site.

5.            PUBLIC HEARING:  Request from Resource Management Agency to continue the public hearing from August 12, 2014 for considering a Mitigated Negative Declaration and Tentative Tract Map No. TM 812 with Exceptions, submitted by R-7 Enterprises/Dave Roberts (Agent: Donna Shamley/Roberts Engineering), for the division of 225 acres into 162 single-family residential lots, ranging in size from 22,500 sq. ft. to 98,650 sq. ft., in the PD-F-M (Planned Development-Foothill Combining-Special Mobilehome) Zone, located on the west side of Millwood Road, one mile northwest of Woodlake, generally described as a portion of Section 17, Township 21 South, Range 29 East, MDB&M.  Uphold the recommendation of the Planning Commission to deny the Mitigated Negative Declaration and Mitigation and Monitoring Plan based on the findings set forth in Planning Commission Resolution No. 8948.  Uphold the recommendation of the Planning Commission to deny the proposed tentative tract map (TM 812) based on the findings set forth in Planning Commission Resolution No. 8948

 

 

(Consent Calendar)

CONSENT CALENDAR (Number # through #)

 

 

NOTICE TO THE PUBLIC

Background information has been provided to the board on all matters listed under the Consent Agenda, and these items are considered to be routine by the Board.  All items under the Consent Agenda are normally approved by one motion.  If discussion is requested by any Board members on any item, that item will be removed from the Consent Agenda if separate action is required.

 

                                                                  

Board of Supervisors

 

(Timed Items)

6.            Appoint Steve Martin, Trustee to the Deer Creek Storm Water District for a term ending December 1, 2017

t

County Administrative Office/General Services

 

(Timed Items)

7.            Approve sending a comment letter to the United States Department of Agriculture, Forest Service, regarding the notice of intent to prepare an environmental impact statement as part of its effort to prepare revised land management plans (forest plans) for the Inyo Sequoia and Sierra National Forests.

8.            Approve sending a comment letter to the United States Department of the Interior, Office of Regulatory Affairs & Collaborative Action regarding the proposed rule to revise regulations governing the process and criteria by which the Secretary acknowledges an Indian Tribe.

9.            Mutually approve the termination of the Teapot Dome Site Lease, Tulare County Agreement No. 18070 and the Teapot Dome Landfill Gas Lease, Tulare County Agreement No. 18071 with Cambrian Energy Systems.  Authorize the Chairman of the Board to sign the Acceptance Certificate and Consent to Record attached to the two Quitclaim Deeds for:  a) the Teapot Dome Site Lease; and b) the Teapot Dome Landfill Gas Lease.  Direct the Clerk of the Board to send both Quitclaim Deeds to the County Recorder’s office for recordation.

10.         Approve an amendment to Lease Agreement 23920 with Tulare Local Health Care District to extend the term of the lease through June 30, 2017, reduce the leased square footage, and reduce the rent by $0.10 per square foot, retroactive to June 1, 2014.  Find that the Board had authority to enter into the proposed agreement as of June 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

11.         Approve a Lease Agreement with the Exeter Chamber of Commerce for office space located at 101 W. Pine Street, Exeter on a month-to-month basis, retroactive to January 1, 2014.  Find that the Board had authority to enter into the proposed agreement as of January 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

 

(Timed Items)

12.         Approve an agreement with Turning Point of Central California, Inc. for the Central County One-Stop Center, in an amount not to exceed $700,000.00, to provide mental health services, retroactively from July 1, 2014 through June 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

13.         Approve an agreement with Experian Information Solutions, Inc. to provide consumer report services for Tulare County Health and Human Services Agency effective September 23, 2014

Resource Management Agency

 

(Timed Items)

14.         Set a Public Hearing for October 14, 2014, at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California, to consider an adjustment to the boundary of the Traver Zone of Benefit within County Service Area No. 1.  Approve the Notice of Public Hearing.

15.         Approve an agreement with Mark Thomas and Company Incorporated in the amount of $1,149,999 to provide architectural and engineering design services for the Transit Operations and Maintenance Facility.  Authorize the Chairman to sign the agreement, subject to approval as to form by County Counsel.  Allow for contingencies in the amount of $114,999 (10%) to cover unexpected architectural and engineering design services.

16.         Prohibit motor vehicles from stopping any time on the west side of Redwood Street from Thurman Avenue to a point approximately 1,100 feet south of Thurman Avenue and on the east side of Redwood Street from approximately 184 feet south of Thurman Avenue to a point approximately 493 feet south of Thurman Avenue by establishing a “No Stopping Anytime” zone.  Prohibit motor vehicle parking near a driveway located on the eastside of Redwood Street approximately 837 feet south of Thurman Avenue by establishing a “No Parking” zone by painting red 10 feet of curbing north and 10 feet of curbing south of the driveway.

17.         Authorize the filing of Notices of Partial Non-Renewal for three Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from one lot line adjustment project and one tentative parcel map project.  Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned partial non-renewals.  Authorize the Chairman to sign the amendments to the following Williamson Act Contracts: PNR 13-021 – Williamson Act Contract No. 4093, Ag Preserve No. 1104, located on the on west side of Road 256, between Avenue 56 and Avenue 64, east of Ducor (Bennett) (2.64 acres to be non-renewed as a condition of PPM 14-018) (40 acres are subject to contract amendment) PNR 13-022 – Williamson Act Contract No. 4095, Ag Preserve No. 1104, located on the on west side of Road 256, between Avenue 56 and Avenue 64, east of Ducor (Bennett) (1.5 acres to be non-renewed as a condition of PPM 14-018) (157.3 acres are subject to contract amendment) PNR 14-014 – Williamson Act Contract No. 10677, Ag Preserve No. 3629, located on the west side of Road 208, approximately 630 feet north of Avenue 164, west of Porterville (1 acre to be non-renewed as a condition of PLA 14-026) (27.16 acres is subject to contract amendment).

18.         Approve the Right of Entry and Option to Purchase Agreement with Felix Quintero, Julia Quintero, and Javier Quintero Vidauri (Seller) for a new Yettem and Seville Community Water System well site.  Authorize the Chairman of the Board of Supervisors to sign the Right of Entry and Option to Purchase Agreement on behalf of the County of Tulare after execution by the Seller.  Authorize the Chairman of the Board of Supervisors to sign and have the Memorandum of Right of Entry and Option to Purchase Agreement notarized on behalf of the County of Tulare after execution by the Seller.

 (Items Not Timed)

19.         Approve an agreement

 (Closed Session)

 

CLOSED SESSION

 

 

NOTICE TO THE PUBLIC

CLOSED SESSIONS

As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Board of Supervisors may meet in closed session with members of its staff, county employees and its attorneys. These sessions are not open to the public and may not be attended by members of the public.  The matters the Board will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda.  Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1

 

It is the intention of the Board to meet in closed session concerning:

Sitting as the Tulare County Board of Supervisors

 

ITEM A

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)] 

Number of Potential Cases:  1 

Agenda Item regarding request from Resource Management Agency to uphold Planning Commission’s recommendations regarding Tentative Tract Map No. TM 812 submitted by R-7 Enterprises/Dave Roberts

 

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)] 

Number of Potential Cases:  1 

Appeal by Mr. Paul F. Jr. regarding expired Surface Mining Permit and Reclamation Plan No. PMR 91-005

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)] 

Number of Potential Cases:  1

 

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8) 

Property Descriptions:  5711 AVE 378 London, CA 93618 APN #043-092-009-000 

Agency Negotiator:  Jean M. Rousseau and Robert Newby 

Negotiating Parties:  Cary Joslin 

Under Negotiation:   Price, Terms of Payment

 

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9(d)(1)] 

Name of Case:  Joel Ramirez vs. County of Tulare, et al. Tulare County Superior Court No. 257349

 

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)] 

Number of Potential Cases:  1

 

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6) 

Agency Designated Representative:  Rhonda Sjostrom and Jean M. Rousseau 

Employee Organization:  All Certified Employee Organizations 

Unrepresented Employees:  All Unrepresented Employees except Elected

 

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