(Public Comment Period)
1.
Board of Supervisors matters.
2.
Present Proclamation recognizing October 2014 as Italian
Heritage Month.
3.
Request from Health and Human Services Agency to adopt a
Resolution proclaiming the week of October 23-31, 2014 as "Red Ribbon
Week" in Tulare County.
4.
Present Proclamation designating October 19, 2014 through
October 25, 2014 as National Save for Retirement Week. Support the goals and
ideals of National Save for Retirement Week, including raising public awareness
about the importance of adequate retirement savings and the availability of
retirement plans.
5.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
6.
PUBLIC HEARING: Request from Resource Management Agency to
find that public noticing of the proposed adjustment to the Service Area
Boundary of the Traver Zone of Benefit in County Service Area No. 1 has
occurred pursuant to Government Code Section 25217. Consider an adjustment to
the Service Area Boundary of the Traver Zone of Benefit (Z80) within County
Service Area No. 1. Determine that less than 50 percent of the 131 registered
voters, residing within the proposed zone, have filed written objections to the
adjustment of the boundary. Approve an adjustment to the Service Area Boundary
for the Traver Zone of Benefit (Z80). Authorize the Traver Wastewater
Treatment Facility to provide domestic wastewater services to the eleven (11)
additional properties located within the Adjusted Service Area Boundary for
Traver Zone of Benefit (Z80).
7.
PUBLIC HEARING: Request from Resource Management Agency to
certify that the Board has reviewed and considered the information contained in
the Environmental Impact Report prepared for General Plan Amendment No. GPA
09-003, Zone Change No. PZ 09-004 and Special Use Permit No. PSP 10-062, from
the AE-20 (Exclusive Agricultural – 20 acre minimum) Zone to M-1 (Light
Manufacturing), on an 18± acre site located on the northeast corner of Avenue
408 and Road 120, west of the community of Cutler (Pena), together with any
comments received during the public review process, in compliance with the
California Environmental Quality Act of 1970 and the State Guidelines for the
Implementation of the California Environmental Quality Act of 1970, as amended,
prior to taking action on the General Plan Amendment. Adopt the findings for
approval for the Environmental Impact Report, as set forth in Planning
Commission Resolution No. 8995. Find there is no substantial evidence that
General Plan Amendment No. GPA 09-003, Zone Change No. PZ 09-004 and Special
Use Permit No. PSP 10-062 will have a significant effect on the environment and
determine that the Environmental Impact Report prepared for said general plan
amendment, zone change and special use permit reflects the independent judgment
of the County and has been completed in compliance with the California
Environmental Quality Act of 1970 and the State Guidelines for the
Implementation of the California Environmental Quality Act of 1970, as
amended. Amend the Cutler-Orosi Area Land Use Plan as requested in GPA 09-003
from Residential Reserve to Industrial on 6.77 acres and from Industrial
Reserve to Industrial on 11.3 acres on an 18± acre site. Adopt the findings
for approval for the General Plan Amendment, as set forth in Planning
Commission Resolution No. 8996. Direct the Clerk of the Board of Supervisors
to return the Resolution approving GPA 09-003 to the Resource Management Agency
for recordation at the County Recorder’s Office. Direct the Clerk of the Board
of Supervisors to return the signed Notice of Determination for the
Environmental Impact Report for General Plan Amendment No. GPA 09-003 and Zone
Change No. PZ 09-004 to the Resource Management Agency for filing with the
County Clerk’s office. With regard to Change of Zone No. PZ 09-004: Adopt the
findings for approval for the Change of Zone, as set forth in Planning
Commission Resolution No. 8997; Waive the final reading and adopt an amendment
to Ordinance No. 352 of the Tulare County Zoning Ordinance; Direct the Clerk of
the Board of Supervisors to publish the adopted Ordinance and Amended Zoning
Map; and Direct the Clerk of the Board of Supervisors to return the Resolution
approving PZ 09-004 to the Resource Management Agency for recordation at the
County Recorder’s Office.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 18)
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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.
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Board of Supervisors
8.
Ratify Proclamation honoring Happy
Trails Riding Academy on its 30th Anniversary.
County Administrative Office/Capital
Projects & Facilities
9.
Award the contract for the Civic
Center Generator Installation Project at 221 S Mooney Blvd., Visalia, to the
lowest responsible bidder, A-C Electric Company, PO Box 328, Visalia, CA 93279,
in the amount of $219,660. Authorize the Chairman to sign the construction
agreement upon receipt of certificates of insurance, bonds, license
verification, and contract, subject to review and approval as to form by County
Counsel.
10.
Approve and award the contract for
remediation oversight of the Harmon Field Low Temperature Thermal Desorption
Soil Remediation Project at 1494 South Airport Road, Pixley, CA to ARCADIS
U.S., Inc. in the amount of $513,805, retroactive to August 1, 2014. Authorize
the Chairman to sign the agreement upon receipt of certificates of insurance
and contract, subject to review and approval as to form by County Counsel.
Find that the Board had authority to enter into the proposed agreement as of
August 1, 2014, and that is was in the County’s best interest to enter into the
agreement on that date.
Health & Human Services Agency
11.
Approve an amendment to Agreement
No. 26673 with Golden State Health Centers, Inc., d.b.a Sylmar Health and
Rehabilitation Center, to update Exhibit B-1, effective upon signing for the
provision of stabilization and long-term maintenance for mentally disabled
clients.
12.
Approve an agreement with Turning
Point of Central California, Inc. for the provision of mental health services
to Tulare County adolescents and children in an amount not to exceed
$16,525,000, 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 the Comprehensive
Agreement (State Agreement No. EPO 14-10556) with the California Department of
Public Health (CDPH), Emergency Preparedness Office in the amount of $2,918,169
over a three year term, July 1, 2014 – June 30, 2017. The total amount per
financial year is $972,723. Funds from Financial Year 1 (July 1, 2014 – June
30, 2015) are retroactive until July 1, 2014. 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. Authorize the
Chairman of the Board to sign five (5) copies each of the STD213 signature
sheet, Certification Regarding Lobbying, Contractor Certification, and the
Non-Supplantation Certification Form. Approve the necessary budget adjustments
(4/5ths vote required).
Information & Communications
Technology
14.
Approve an agreement with the
State of California, Department of Technology for the Authorization to Order
under the State Contract with AT&T to provide voice, data, and long
distances services through June 30, 2018 at charges equivalent to State of California
CALNET III contract rates. Based on prior year usage the estimated cost for
this agreement is $1,764,000 annually for the period of November 1, 2014
through June 30, 2018.
Resource Management Agency
15.
Approve an agreement with the City
of Lindsay, in the amount of $84,978, for the County to provide transit service
to City of Lindsay residents, retroactive to July 1, 2014 through June 30,
2015. Find that the Board had the 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.
16.
Approve a letter agreement with
the Arvin-Edison Water Storage District for the exchange of Cross Valley Canal
water for the 2013 water year, retroactive to March 1, 2013 through February
28, 2014. Find that the Board had the authority to enter into the agreement as
of March 1, 2013, and that it was in the County’s best interest to enter into
the agreement on that date. Authorize the Resource Management Agency and
Dennis R. Keller to take necessary actions to comply with the provisions of the
letter agreement.
17.
Approve proceedings to form
Assessment District No. 14-830-TRAVER, to pay for storm drainage system
maintenance within Subdivision Tract No. 830, located on the northwest corner
of Canal and Jacob Drive in the community of Traver. Approve the proposed
Boundary Map and direct the Clerk of the Board to file certified copies with
the County Recorder. Approve the proposed Assessment Diagram and direct the
Clerk of the Board to file certified copies with the County Recorder. Approve
the Engineer’s Report. Declare the Board’s intention to levy and collect
assessments. Accept the ballot and waiver of public meetings and hearings,
including notice thereof, provided by the property owner. Approve the
formation of the Assessment District and imposition of assessments. Approve
the agreement authorizing David R. and Deborah J. Johnston, the James L. Merlo
and Rhonda P. Merlo Family Trust under declaration of living trust dated April
27, 2011, the Harold D. Newton and Katherine M. Newton Trust dated September
2011 and Wawona Packing Company LLC, to collect the assessments for Fiscal
Years 2014/2015 and 2015/2016 upon first conveyance of each lot. Approve the
necessary budget adjustments for establishing the Assessment District.
18.
Approve the Final Map for Tract
No. 830, located at the northwest corner of the intersection of Canal Drive and
Jacobs Drive, located in the Community of Traver. Approve an agreement with
Self Help Enterprises to complete all required public improvements for
Subdivision Tract No. 830.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
19.
Presentation given by the County Librarian regarding Fiscal
Year 2013/14 accomplishments.
(Closed Session)
CLOSED SESSION
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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
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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 – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Kristina Brooks
v. County of Tulare, Josh Wheeler, Martin Maldonado
Tulare County Superior Court
Case No. VCU254333
Details
ITEM B
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: A.S., a minor, by and through
his GAL, Paula T. Abbiss, v. Golden State Family Services, Inc., et al.
Tulare County Superior Court Case No. 245873
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 LEGAL COUNSEL - ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM E
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Certify and Adopt Findings for the Approval
of the General Plan Amendment No. 09-003; Find that there is no substantial
evidence that the General Plan Amendment 09-003, Zone Change PC 09-004 and
Special Use Permit 10-062 will have a Significant Effect Environment and that
the Board Use Independent Judgment; amend Cutler-Orosi Area Land-Use Plan from Residential
Reserve to Industrial; Adopt Findings Approving the General Plan Amendment;
Adopt Findings Approving Change Zone ; Waive Reading of the Amendment to
Ordinance; see Board of Supervisor Agenda September 30, 2014
ITEM F
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 11
Approved Proceedings to Form Assessment
District; Approve the Proposed Boundary Map; Approved the Proposed Assessment
Diagram; Approve the Engineers Report; Declare the Board’s Intention to Levy
and Collect Assessments; Approve the Formation of Assessment District and
Imposition of Assessments; Approve the Agreement Authorizing Collection of
Assessments; Authorize Chairman of the Signed Agreement; Approve AUD 308 Form
Establishing a Budget for Assessment District; see Board Of Supervisors Agenda
October 14, 2014.
ITEM G
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 11
Conduct A Public Hearing to Consider
Adjustment of Service Area Boundary; Determine That Less Than 50% of the 131
Registered Voters File Written Objections; Approve an Adjustment to the Service
Area Boundary for the Traver Zone of Benefit; Authorize the Traver Wastewater
Treatment Facility to Provide Domestic Wastewater Services to 11 Additional
Properties; See Board Of Supervisors Agenda October 14, 2014.
ITEM H
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM I
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 Rousseau and Robert
Newby
Negotiating Parties: Cary Joslin
Under Negotiation: Price, Terms of Payment
ITEM J
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM K
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
Ne
