(Public Comment Period)
1.
Presentation
on the Alliance Program with Office Depot and other government entities.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from Resource Management Agency to adopt a General
Plan Amendment GPA 09-005 of the 1978 Goshen Community Plan, on behalf of Self
Help Enterprises and Family Health Care Network, to change the land use
designation of approximately 4.57 acres from Residential to Community
Commercial, located on the southeast corner of Avenue 312 (Riggin Avenue) and
the alignment of Road 72. Certify that
it has reviewed and considered the information contained in the Negative
Declaration - Addendum prepared for this project, together with any comments
received during the public review process, in compliance with the California
Environmental Quality Act and the State Guidelines for the Implementation of
the California Environmental Quality Act of 1970, prior to taking action on the
General Plan Amendment No. GPA 09-005 and Change of Zone No. 09-006. Find there is no substantial evidence that
General Plan Amendment GPA 09-005 and the Change of Zone No. 09-006 will have a
significant effect on the environment and determine that the Negative
Declaration - Addendum prepared for said general plan amendment 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. Amend the Goshen Community Plan (GCP) as
requested in GPA 09-005 from Residential to Community Commercial to allow for a
medical and dental clinic with future offices located on the 4.57 acre
site. Adopt the findings for approval
for the General Plan Amendment as set forth in Planning Commission Resolution
No. 8493. Adopt the findings for
approval for the Change of Zone, as set forth in Planning Commission Resolution
No. 8494. Waive the final reading and
adopt an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for
Change of Zone No. PZ 09-006, from R-1 (Single-Family Residential) to P-O-SR
(Professional and Administrative Office - Site Plan Review) and C-1-SR
(Neighborhood Commercial - Site Plan Review Zone on 4.57 acres (APN
075-170-031) located in the Community of Goshen on the southeast corner of
Avenue 312 (Riggin Avenue) and the alignment of Road 72. Direct the Clerk of the Board of Supervisors
to publish the adopted Ordinance and return the signed Notice of Determination
to the Resource Management Agency for filing with the County Clerk.
5.
PUBLIC
HEARING: Request from the Resource Management Agency to direct staff
to continue to receive comments on the Draft Environmental Impact Report for
the Avenue 280 Widening Project until the close of the comment period on June
21, 2010. Direct staff to prepare a
response to the comments document as appropriate and to prepare the Final
Environmental Impact Report. Direct
staff to return to the Board of Supervisors to certify the Final Environmental
Impact Report.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 28)
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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
6.
Ratify
a Proclamation Recognizing the Peace Officers' Memorial in Tulare County.
7.
Appoint
Scott Spear, District 3 Representative to the Agricultural Advisory Committee
for a term ending June 30, 2012.
County Counsel
8.
Approve
the 2010-2012 Joint Powers Agreement for legal services between County Counsel,
Tulare County Office of Education and College of Sequoias.
9.
Approve
the reduction in workforce and direct County Counsel and Human Resources &
Development to initiate the layoff process affecting one (1) filled position
(County Counsel Services Analyst, Grade 19, $49,350-$60,146), effective June
25, 2010. Approve the Personnel
Resolution to delete the position.
District Attorney
10.
Authorize
the submission of an application for funding from the State Department of
Social Services for In-Home Supportive Services Fraud Investigation and Program
Integrity Efforts in the amount of $252,685 with a $53,600 match, for a total
of $306,285 for Fiscal Year 2010/11.
General Services
11.
Approve
an agreement for Purchase of Real Property from Frances V. Lazarus for the
Betty Drive/Avenue 312 Realignment and Improvement Project - Phase 2B in the
amount of $10,200. Authorize County
Counsel to sign the Grant Deed/Slope Easement acceptance upon
presentation. Authorize the County
Administrative Officer, of his designee, to open an escrow and sign all
documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the
amount of $11,700 in favor of Chicago Title Company.
12.
Approve
an agreement for Purchase of Real Property from Kevin and Nina Kruse for the
Betty Drive/Avenue 312 Realignment and Improvement Project - Phase 2B in the
amount of $235,000. Authorize County
Counsel to sign the Grant Deed/Slope Easement acceptance upon
presentation. Authorize the County
Administrative Officer, of his designee, to open an escrow and sign all
documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the
amount of $236,500 in favor of Chicago Title Company.
13.
Approve
an agreement for Purchase of Real Property from Family Healthcare Network for
the Betty Drive/Avenue 312 Realignment and Improvement Project - Phase 2B in
the amount of $1,500. Direct the Auditor
to draw a warrant in the amount of $1,500 in favor of Family Healthcare
Network.
Health & Human Services Agency
14.
Authorize
the submittal of the application to the California Emergency Management Agency
for the Fiscal Year 2010 Emergency Management Performance Grant in the amount
of $201,238 to support comprehensive emergency management.
15.
Approve
the Contractor Certification Clause for the Targeted Case Management Provider
Participation Agreement, (Tulare County Agreement No. 23225).
16.
Approve
adjustments to the Tulare County Health & Human Services Agency, Health
Department budget for Fiscal Year 2009/2010 Health Department budget for Fiscal
Year 2009/2010 in the amounts of $5,325 from the Maddy Fund and $215,884 from
the Healthy Kids Program. Approve the
necessary budget adjustments. (4/5ths
vote)
17.
Approve
an agreement with the California Department of Education in the amount of
$5,700 for the Summer Food Service Program to reimburse Tulare County
Environmental Health Services Division for conduction health and sanitation
inspections of the food service facilities within Tulare County, for the period
of June 15, 2010 to September 14, 2010.
18.
Ratify
and approve an amendment to Agreement No. 23165 with the State Department of
Alcohol and Drug Programs (ADP) to decrease the agreement by $4,650 from
$14,968,711 to $14,964,061 for combined Drug/Medi-Cal and Net Negotiated Funds
to provide substance abuse treatment and prevention programs, retroactive to
July 1, 2009 through June 30, 2010. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2009 and that it was in the County's best interest to enter into the agreement
on that date. Approve the necessary budget adjustments (4/5ths vote). Approve an agreement with the State
Department of Alcohol and Drug Programs (ADP) in the amount of $16,146,924 for
combined Drug/Medi-Cal (D/MC) and Net Negotiated Funds to provide substance
abuse treatment and prevention programs for the period of July 1, 2010 to June
30, 2013.
19.
Approve
and authorize the Personnel Resolution regarding allocation changes in the
Health & Human Services Agency. Delete
the following positions: one (1) HHS Unit Manager I; two (2) Prevention
Services Coordinator II; one (1) Social Services Supervisor I; one (1) Nurse
I-Supervisor; and one (1) Health Education Assistant. Add the following positions: one (1) Office
Assistant IV; one (1) Public Health Emergency Preparedness Program Manager; two
(2) Staff Services Analyst III; two (2) Social Services Worker III; one (1)
Public Health Lab Manager; and one (1) Administrative Services Officer III.
Purchasing
20.
Approve
the Personnel Resolution to increase the position allocation of the Purchasing
Department by one (1) Surplus Store Clerk position, effective June 7,
2010. Approve the new job specification
and compensation, Grade 350, ($34,174 Annual Step 5).
Resource Management Agency
21.
Set
a Public Hearing on July 20, 2010 at 9:30 a.m. for consideration of sewer and
water user fee adjustments for specific County Service Area Zones of Benefit
(El Rancho, Delft Colony, Tonyville, Tooleville, Traver, Yettem and Wells Tract
sewer systems and Delft Colony, Yettem and Wells Tract water systems). Approve the Notice of Public Hearing to be
published and mailed to affected residents.
22.
Introduce
and waive the first reading of an amendment to Ordinance No. 352 of the Tulare
County Zoning Ordinance for Change of Zone No. PZ 08-011 (Raul & and Irene
Santellan), from C-2-SC (General Commercial - Scenic Corridor) to C-3-SC-SR
(Service Commercial - Scenic Corridor - Site Review Combining) on a 1.29-acre
parcel located on the south side of Avenue 295 (Noble Avenue), approximately
1,160 feet west of Road 152, east of Visalia.
Set a Public Hearing for June 15, 2010 at 9:30 a.m. Direct the Clerk of the Board of Supervisors
to publish the Summary Ordinance in accordance with the law.
23.
Approve
an agreement with the State of California, acting by and through the Department
of Transportation for the exchange of Federal Transportation project funds
amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year
2009/2010. Accept the $100,000 from the
State as matching funds.
24.
Certify
the cancellation fee of Partial Cancellation of Land Conservation Contract No.
10765, Case No. PAC 07-004, by Self Help Enterprises in the amount of $140,000
equal to 12 ½ percent of the fair market value, as determined by the County
Assessor, for 37.41 acres located on the south side of Avenue 312, one-half
mile west of Road 76, within the northeastern portion of the community of
Goshen (APN 075-170-031).
25.
Authorize
the Auditor to make the necessary budget adjustments to establish a separate
budget unit in the Aviation Fund and Department (012-231) for the deposit of
monies by the Tulare County Association of Governments (TCAG), Tulare County,
and the California Division of Aeronautics to provide for any processing or
planning fees, professional services and other associated services for the
Tulare County Airport Land Use Plan Update (CALUP Update). (4/5ths vote)
Sheriff/Coroner
26.
Approve
amendments to Agreement Nos. 23775 (Kern County), 23776 (Madera County), 23778
(Mariposa County), and 23813 (Kings County) in the amount of $2,248 per
agreement to extend the Region V Anti-Gang Intelligence-Led Policing Program
from May 25, 2010, to October 31, 2012.
27.
Authorize
the fixed-asset purchase of a replacement vehicle not to exceed $42,500. Approve the necessary budget adjustments. (4/5ths vote)
Workforce Investment Board
28.
Reappoint
the following to the Workforce Investment Board of Tulare County Board of
Directors for the terms ending May 31, 2010:
William DeLain, Joe Hallmeyer, Kevin Cole, Carolyn Kehrli, Gary
Germaine, Timothy Chaney, Carolyn Rose, Paul Saldana, Gil Aguilar, George
Maness, Robert Alcazar and Sandra Bullard.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
29.
Request
from the Resource Management Agency to receive an update on Batch Non-renewal
of substandard non-prime parcels under Land Conservation Contracts less than 40
acres.
(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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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: 1
Self Help Enterprise and Family Health Care Network Request for
Amendment to the Tulare
County Ordinance No. 352,
the Zoning Ordinance, for PZ 09-006 and General Plan Amendment GPA 09-005. Board of Supervisors Agenda Item May 25,
2010.
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Kennedy, Laura dba Sugar Daddy's
Gentleman's Club v. County
of Tulare
Tulare County Superior Court Case Number 08-229065
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: 2
Proposals
pertaining to Modification of the County
of Tulare's Williamson
Act Program, including but not limited to possible non-renewal of Williamson
Act contracts
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: 2
Next Item(s)
Sitting as...
ITEM
E
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
F
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
G
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9(c).)
Number of
Potential Cases: 4
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 075-050-023,
075-050-024, 075-050-025, 075-050-030
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Kevin Kruse and Nina Kruse
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 075-170-024,
075-170-025, 075-170-026, 075-170-027, 075-170-028
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Triple D Ranch L.P.
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
J
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...
