MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY 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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

May 18, 2010

 

9:00 A.M. Board Convenes

 

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.                  Presentation given by the District Attorney's Office to declare May 25th as National Missing Children's Day in Tulare County.

2.                  Honor the Strathmore High School Girl's Soccer Team as the 2010 Central Section Division VI Valley Champions and the Tennis Team as the 2009 Central Section Division VI Valley Champions.

3.                  Honor the Farmersville High School Boy's Soccer Team as the 2010 Central Section Division VI Valley Champions.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from the Resource Management Agency to deny the appeal filed by the City of Tulare regarding Special Use Permit No. PSP 09-005/PZV No. 08-030(ZA) SA Recycling/Central Valley Recycling Facility. Uphold the Planning Commission's acceptance of a Mitigated Negative Declaration as the appropriate document and adopting the Mitigation Monitoring Plan for a Special Use Permit (PSP 09-005), to allow SA Recycling Solid Waste Recycling Operation and Zone Variance [PZV 08-030 (ZA)] to allow a block wall up to ten feet in height on the side and rear yard property boundaries. Uphold the Planning Commission's conditional approval of a Special Use Permit (PSP 09-005). Uphold the Planning Commission's conditional approval of a Zone Variance [PZV 08-030 (ZA)] on 14.10 acres in the M-1 (Light Manufacturing) Zone, on property located on the south side of Avenue 232 (Tulare Drive/Tulare Avenue), approximately 2,000 feet west of Road 92 (West Street), west of Tulare.

7.                  PUBLIC HEARING: Request from Resource Management Agency to waive the final reading and adopt an amendment to Ordinance No. 352, Section 16 of the Tulare County Zoning Ordinance pertaining to establishment of Part IV-Temporary Use Permits for activities lasting up to seventy-two hours and not more than four times per calendar year. Find that the Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA). Upon adoption, approve the Summary Ordinance and direct the Clerk of the Board to publish the Summary within five (5) days and post a certified copy of the complete Ordinance within fifteen (15) days in accordance with the law.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 20)

 

 

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

8.                  Reappoint Supervisor Allen Ishida to the Local Agency Formation Commission (LAFCO) for a term ending May 5, 2014.

9.                  Ratify the following Proclamations: Honoring Florence Kabot upon her Retirement from the Tulare County Symphony Association; and Recognizing the Kiwanis Club of Dinuba on its 50th Anniversary.

10.             Appoint Kathaleen Miller to the Tulare County Community Health Center Board as Health Care Representative for a term ending April 18, 2014.

11.             Appoint Robert Joseph Hanggi to the Three Rivers Public Cemetery District for a term ending January 6, 2014.

County Administrative Office

12.             Ratify actions taken by the County Administrative Officer during the month of April 2010 regarding Personnel/Payroll changes and Good Works funding agreements.

13.             Approve sending a letter of opposition to H.R. 5088 which would eliminate the word "navigable" from the definition of "waters of the United States" in the Federal Water Pollution Control Act.

Economic Development Cooperation

14.             Approve the 2010 Comprehensive Economic Development Strategy Update Report for Tulare County.

Health & Human Services Agency

15.             Reaffirm declaration of state of emergency in the Tulare County Drought Resolution No. 2008-0472 adopted June 24, 2008.

16.             Approve the adjustments to fixed asset lines in the amount totaling $9,600 for the purchase of a server from Bear Data Systems, Inc. for the Digital Signage Lobby Information System to provide efficient and cost effective delivery of information to clients, for the Tulare County Health & Human Services Agency, Department of Human Services. Approve the purchase of LCD Monitors, Digital Media Players, Software, Licenses, Training, and any additional components from Bear Data Systems, Inc. in an amount not to exceed $186,000 required to complete the Digital Signage Lobby Information System. Authorize the Tulare County Purchasing Agent to execute the purchase documents necessary for the purchase and implementation of the Digital Signage Lobby Information System. Approve the necessary budget adjustments. (4/5ths vote)

Probation

17.             Authorize the submission of an application to receive and utilize federal grant funds available through the Juvenile Accountability Block Grants (JABG) Program administered by the Corrections Standards Authority (CSA). Agree to provide all matching funds required for said project, and abide by the statues and regulations governing the JABG Program as well as the terms and conditions of the Grant Agreement as set forth by the CSA. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

18.             Ratify and accept grant funding in the amount of $635,044 from the California Emergency Management Agency (CalEMA) for American Recovery and Reinvestment Act of 2009 (ARRA) funding of the Evidence-Based Probation Supervision Program from November 1, 2009, through September 30, 2012. Find that the Board had authority to enter in the grant agreement as of November 1, 2009, and that it was in the County's best interest to enter into the agreement as of that date. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

19.             Ratify and approve expenditure costs beyond the Snow Removal Policy limit by increasing expenditures of County Road funds up to an additional $10,000, if matched by equivalent other funds, with the Ponderosa and the Alpine Village/Sequoia Crest Community Services District, for providing snow removal services, retroactive to February 16, 2010 through the end of the 2009/2010 winter snow season. Find that the Board had the authority to approve this action as of February 16, 2010, and that it was in the County's best interest to approve this action effective on this date.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

20.             Amend Resolution No. RA 97-05 to appoint the County Administrative Officer as the Executive Director of the Tulare County Redevelopment Agency.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

21.             Request from Resource Management Agency to authorize the amendment of the Agricultural Advisory Committee By-Laws Board Resolution No. 94-0917 to add a member of the Board or his/her representative, as a non-voting member to the Committee. Appoint a Board of Supervisor member to serve on the Committee.

(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

 

 

CLOSED SESSION

 

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 (b)(1).)

Number of Potential Cases: 2

City of Tulare Appeal of SA Recycling Special Use Permit No. PSP 09-005 for solid Waste recycling operation and Zone Variance No. PZV 08-030 (ZA). Board of Supervisors Agenda Item May 18, 2010

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 4

Threats of litigation in the public record regarding the proposed Tulare County General Plan 2030 Update and Draft Environment Impact Report

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9(c).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM E

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

 

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...