(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt
provisions of subdivision (b) of Section 51244 and Section 51244.3 of the
Government Code for this fiscal year. Determine that the Williamson Act
payments for the previous fiscal year is less than one-half of Tulare County's
actual foregone General Fund property tax revenue. Direct staff to give notice to landowners of
the opportunity to prevent the modification and revaluation by serving Notice
of Non-Renewal by March 1, 2011.
Authorize the Resource Management Agency Director to amend the Tulare
County Policy 380.1 for Williamson Act Contracts to allow for non-renewal by
March 1, 2011. Direct staff to record a
notice during this year of implementation that states the affected parcel
number or numbers and current owner's names, or alternatively, the same
information for those parcels that are not affected.
4.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt resolution requiring all future development to participate in
the Pending Public Facility Impact Fee Program also known as Development Impact
Fees - County Wide Including Incorporated City Limits.
5.
PUBLIC
HEARING: Request from the Resource Management
Agency to find that the applicant has satisfied the findings of compatibility
pursuant to California Government Code Sections 5120 - 51297.4 and the Tulare County "Uniform Rules for Agricultural
Preserves" for findings of compatibility on Williamson Act Contract land
for Special Use Permit No. PSP 10-031 (White River)
submitted by Solar Project Solutions for the development of a 20 Megawatt Solar
Photovoltaic Electrical Generation Facility on 174 acres in the AE-80
(Exclusive Agricultural 80-acre minimum) and AE-40 (Exclusive Agricultural
40-acre minimum) Zone, located in the Alpaugh vicinity between Avenue 50 and
Avenue 42, west of State Highway Route 43. Direct the Clerk of the Board of
Supervisors to record this Resolution in the Office of the Tulare County
Recorder.
6.
PUBLIC
HEARING: Request from the Resource Management
Agency to consider the request for cancellation of Land Conservation Contract
No. 7191, located within Agricultural Preserve No. 2272, a total of 640 acres
in two parcels owned by the Atwell Island Water District. The project is
located approximately 5 miles south of Alpaugh in southwestern Tulare County
(Assessor Parcel Numbers 330-170-005 and 330-170-006, located in Section 26,
Township 24S, Range 23E, M.D.B.&M.).
Certify that a Mitigated Negative Declaration has been completed in
compliance with the California Environmental Quality Act of 1970, as
amended. Determine that there is no
substantial evidence that the project will have a significant effect on the
environment and that the Negative Declaration prepared for the project reflects
the independent judgment of the County.
Determine that the cancellation is consistent with the purposes of the
Williamson Act. Determine and certify to
the County Auditor the cancellation fee amount
shall be $64,000. The fee amount will be
equal to 12.5% of the Current Fair Market Value. Adopt the conditions of approval for
tentative cancellation. Direct the Clerk
of the Board to record a Certificate of Tentative Cancellation in the Office of
the County Recorder. Direct the Clerk of the Board to file the
Notice of Determination with the County
Clerk.
7.
PUBLIC
HEARING: Request from the Resource Management
Agency to accept the General Rule Exemption as the appropriate environmental
document. Approve Tentative Subdivision
Tract No. TM 807, filed by Lane Engineers, Inc., on behalf of Keith and Lisa
Wilson for the division of a 2.59-acre parcel into 2 residential lots and a Remainder
(Lot 1 = 19,150 sq. ft.; Lot 2 = 19,150 sq. ft.; Remainder = 87,120 sq. ft.) in
the R-A-12.5 (Rural Residential - 12,500 sq. ft. minimum) Zone, located on the
north side of Avenue 393, approximately 1,000 feet west of Road 34, adjacent to
the south boundary of the Kings River Golf and Country Club, approximately 2
miles southeast of the City of Kingsburg.
Adopt the findings of approval and conditions of approval for Tentative
Subdivision Tract No. TM 807. Direct the
Clerk of the Board of Supervisors to return the signed Notice of Exemption to
the Resource Management Agency.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 45)
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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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Agricultural Commissioner/Sealer
8.
Ratify
and approve an amendment to Agreement No. 22387 with Judy Stewart-Leslie, for
providing services as the Treatment Coordinator for the Tulare County
Glassy-winged Sharpshooter Management program administered by the County
Agricultural Commissioner. This
amendment provides payment for those services in the sum of $36,000 in one
installment, and the sum of $20,000 in a second installment, for a total of
$56,000. Find that the Board had
authority to enter into the proposed agreement as amended as of July 1, 2010
and that it was in the County's best interest to enter into the agreement on
that date.
9.
Introduce
and waive the second reading and adopt an Ordinance amending Sections
6-05-9000, 6-05-9010, 6-05-9020, 6-05-9030, 6-05-9040, 6-05-9050, 6-05-9060,
6-05-9070, 6-05-9080, 6-05-9090, 6-05-9130 and 6-05-9140 of Article 9 of
Chapter 5 of Part 6 of the Ordinance Code, pertaining to Weighing and Measuring
Instruments. Direct the Clerk to publish
a summary of the Ordinance as required by law.
Auditor-Controller/Registrar of Voters
10.
Review
and accept the Certified Statement of Vote as submitted by the Registrar of
Voters for those Offices/Measures for which the Board of Supervisors is the
governing body.
11.
Order
and consent to the consolidation of the regular Governing Board Members
Election for Pixley Union and Buena Vista Elementary School District with the
Statewide General Election.
Board of Supervisors
12.
Reappoint
Melvin Gong, District 4 representative and Lyman W. Whitlatch, District 3
representative to the County Planning Commission for terms ending December 31,
2014.
13.
Reappoint
Michael Sheltzer, Esq., to the Tulare County Law Library as the Board of
Supervisors' designee for a term ending December 31, 2011.
14.
Reappoint
Irene Rodrigues to the Tulare County Housing Authority as Tenant Commissioner
for a term ending December 18, 2012.
15.
Reappoint
Erma Motion to the Community Health Center Board as District 5 selection for a
term ending April 18, 2014.
16.
Appoint
the following individuals In Lieu of Election for Short-Terms ending December
7, 2012:
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Goshen Community Services District
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Sierra View Local Hospital
District
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Carmen Valdez, Director
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Kent M. Sorrells, Director
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Alta Healthcare District
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Dinuba Memorial District
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Irene N. Atilano, Director Zone 1
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Robert O. Olivas, Director #3 -
Veteran
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17.
Appoint
the following individuals In Lieu of Election for Full-Terms ending December 5,
2014:
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Goshen Community Services District
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Dinuba Memorial District
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Darrel F. Key, Director
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Peter J. McManus, Director #1 -
Veteran
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Maria S. Jimenez, Director
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Jack D. Haldeman, Director #2 -
Veteran
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Carmen Valdez, Director
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Orosi Memorial District
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Kings River Conservation District
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Leo Gonzalez, Director #1 -
Non-Veteran
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Norman B. Waldner, Director
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Victor Quintana, Director #2 -
Veteran
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Gabriel Pena, Director #3 -
Veteran
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Alta Healthcare District
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Yvette B. Botello, Director Zone 3
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Springville Memorial District
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Jo Ann McGuire, Director Zone 4
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Jerry McCleary, Director #4 -
Non-Veteran
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Perry G. Patterson, Director #5,
Veteran
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Exeter Ambulance District
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Garrett German, Director
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Pixley Public Utility District
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Brett Inglehart, Director
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Eluid Joseph Mendoza, Director -
Seat #2
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Sierra View Hospital District
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Ashok Behl, Director
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Jeanne Hetherington, Director
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18.
Reappoint
Tom Daly, Warren Hutchings and Ron Frazier to the Tulare County Resource
Conservation District as Directors for terms ending November 28, 2014.
19.
Ratify
the following proclamations: Honoring
Eric Shannon, Sequoia Council Boy Scouts of America 2010 Distinguished Citizen;
Honoring Kayleene McGuire as Chair of the Porterville Chamber of Commerce's
Board of Directors; Honoring Presiding Justice James Ardaiz for more than 30
years of loyal and dedicated service to California.
County Counsel
20.
Approve
changes in designated positions and disclosure categories in the County
Conflict of Interest Code as recommended by County departments and agencies.
County Administrative Office/Capital Projects
21.
Approve
the Restated Memorandum of Understanding with Exeter Irrigation District, the
City of Visalia, The City of Lindsay, Kaweah Delta Water District Conservation
District, Lakeside Irrigation Water District, Tulare Irrigation District, the
City of Tulare and the County of Tulare for the preparation of an Integrated
Regional Water Management Plan for the Kaweah River Basin for $3,000 and an
estimated $6,500 for grant application preparation fees.
22.
Approve
the bid documents for the Probation Office Renovation project. Authorize the advertisement of bids for the
subject project. Set the bid opening for
the project at 2:00 p.m. on Thursday, January 13, 2011.
District Attorney
23.
Ratify
and approve the Grant Award Agreement for acceptance of grant funding from the
California Department of Insurance for the Automobile Insurance Fraud
Prosecution Program in the amount of $123,173 for Fiscal Year 2010/2011. Ratify and approve District Attorney Phil
Cline's signature on behalf of the Chairman, retroactive to July 1, 2010
through June 30, 2011. Find that the
Board had authority to enter into the proposed agreement as of July 1, 2010 and
that it was in the County's best interest to enter into the agreement on that
date.
24.
Ratify
and approve the Grant Award Agreement for acceptance of grant funding from the
California Department of Insurance for the Workers' Compensation Insurance
Fraud Prosecution Program in the amount of $313,937 for Fiscal Year 2010/2011,
and recognize an additional $52,346 in carry over funds from Fiscal Year
2009/2010, for a total of $366,283.
Ratify and approve District Attorney Phil Cline's signature on behalf of
the Chairman, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2010 and that it was in the County's
best interest to enter into the agreement on that date.
25.
Ratify
and approve the Grant Award Agreement for the acceptance of grant funding from
the California Emergency Management Agency for the Violence Against Women, Vertical
Prosecution Program, in the amount of $222,000, with a County match of $74,000,
for a total of $296,000, retroactive to July 1, 2010 through June 30,
2011. Ratify the Chairman of the Board's
signature on the Agreement/Grant Award Face Sheet and all other grant
application documents necessary to secure grant funds, retroactive to July 1,
2010. Find that the Board had the
authority to enter into the proposed agreement as of July 1, 2010, and that it
was in the County's best interest to enter into the Agreement on that date.
26.
Ratify
and approve the Grant Award Agreement for the acceptance of grant funding from
the State of California, Department of Justice, Attorney General's Privacy and
Piracy Fund in the amount of $50,969 for Fiscal year 2010/2011. Ratify and approve the District Attorney's,
or his designee's, signature on the Agreement on behalf of the Chairman,
retroactive to July 1, 2010 through June 30, 2011. Find that the Board has the authority to
enter into the proposed Agreement as of July 1, 2010, 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 required)
General Services/Property Management
27.
Approve
the amendment to Lease Agreement No. 20797 with Tulare Am Vets Post 56 for
office space located at 205 North L Street in the City of Tulare.
28.
Approve
the amendment to Lease Agreement No. 22449 with George A. Mollis and Margaret
A. Mollis, Trustees of the George A. Mollis and Margaret A. Mollis Trust under
declaration of trust dated December 23, 1983 and George A. Mollis and Ron A.
Mollis for office space located at 20389 Ave. 360, Woodlake.
Health & Human Services Agency
29.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
30.
Approve
the request for purchase of one full-size pick-up truck and one mid-size
pick-up truck for the Dairy and Milk Inspection program in an amount not to
exceed $50,000. Approve the necessary
budget adjustments. (4/5ths vote required)
31.
Adopt
the Subvention Certificate of Compliance and the Medi-Cal Certificate of
Compliance for the California Department of Veterans Affairs County Subvention
Program for Fiscal Year 2010/2011.
32.
Approve
the request for purchase of a certified and warranted pre-owned MagNA Pure
Compact instrument from Roche Applied Science in an amount not to exceed
$20,500. Approve the necessary budget
adjustments. (4/5ths vote required)
33.
Ratify
and approve the Memorandum of Understanding (MOU) between the Tulare County
Health & Human Services Agency, Child Welfare Services Division and the
California Department of Motor Vehicles to obtain client information via
on-line access retroactive to January 1, 2008 through January 1, 2012. Find that the Board has authority to enter
into the proposed Memorandum of Understanding as of January 1, 2008 and that it
is in the County's best interest to enter into the Memorandum of Understanding
on that date.
34.
Ratify
and approve an agreement with Pena's Disposal Service to establish a
Recycle-Only Household Hazardous Waste Collection Facility in the town of
Cutler, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2010 and that it was in the County's
best interest to enter into the agreement on that date.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS
CONVENE AS THE IN-HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY
In-Home Supportive Services Public Authority
35.
Adopt
the conflict of interest code for the Tulare County In-Home Supportive Services
Public Authority.
ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Resource Management Agency
36.
Approve
Program Supplement Agreement No. 050-N, in the amount of $286,000, for cost
reimbursement to purchase and install 15 diesel retrofit emission traps.
37.
Approve
the designation of a four-way STOP at the Road 256 (Leggett Street) and Avenue
149 (Orange Avenue) intersection.
Authorize the installation of STOP signs at the Road 256 (Leggett
Street) and Avenue 149 (Orange Avenue) intersection in accordance with Section
21354 of the California Vehicle Code.
38.
Approve
the designation of a four-way STOP at the Road 144 and Avenue 24
intersection. Authorize the installation
of STOP signs at the Road 144 and Avenue 24 intersection in accordance with
Section 21354 of the California Vehicle Code.
39.
Accept
the work for the rehabilitation of the Taxiway at Sequoia Field Airport as
complete by R.J. Berry Jr., Inc. of Selma, California. Authorize the Chairman to sign the Notice of
Completion. Direct the Clerk of the
Board to have the Notice of Completion recorded. Approve the necessary budget adjustments.
(4/5ths vote required)
40.
Approve
and accept the Drainage Easement and Maintenance Agreement with the Tulare
County Redevelopment Agency that allows drainage and stormwater to runoff
County roads into the dual-purpose ponding basin/recreational facility in the
Community of Richgrove. Authorize the
Chairman of the Board to execute the Drainage Easement and Maintenance
Agreement and the Consent to Record.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
41.
Approve
a Drainage Easement and Maintenance Agreement with the County of Tulare for
acceptance of drainage and stormwater from County roads into the dual-purpose
ponding basin/recreational facility in the community of Richgrove. Authorize the Chairman of the Board of
Directors to execute the Drainage Easement and Maintenance Agreement.
42.
Approve
the agreement with 4Creeks, Inc. for an Urban Design Consultant, in the amount
of $95,300, to develop a plan that addresses safety and transportation issues
in southeast Earlimart.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
43.
Adopt
Title 2, California Code of Regulations, Section 18730 and any subsequent
amendments as the Conflict of Interest Code for the Tulare County Flood Control
District.
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT
CONVENE AS THE TERRA BELLA SEWER
MAINTENANCE DISTRICT
44.
Adopt
Title 2, California Code of Regulations, Section 18730 and any subsequent
amendments as the Conflict of Interest Code for the Terra Bella Sewer
Maintenance District.
ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT
RECONVENE AS TULARE
COUNTY BOARD OF SUPERVISORS
45.
FOR
INFORMATION ONLY: Bid Opening
Results for Betty Drive/Avenue 312 Realignment and Improvement Project Phase
2b.
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American Paving Company
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$8,511,479.00
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Teichert
Construction
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$8,701,320.00
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Viking Construction
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$9,099,775.00
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Agee Construction
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$9,559,551.00
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Emmets Excavation
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$9,959,238.00
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Lee's Paving Inc.
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$10,144,586.90
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Menefee Construction
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$10,222,583.97
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Engineers Estimate
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$12,287,675.50
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(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
46.
Request
from the Resource Management Agency to receive Staff Report, presentation for
Case No. PSP 10-028 to allow for the installation of a 20 Mega Watt (MW) Solar
Photovoltaic (PV) electric generating facility.
The proposed project is located on a 320 acre parcel and is adjacent to
PSP 10-027 and PSP 10-045 solar PV facilities. The proposed facility will
utilize approximately 160 acres of a 320 acre project boundary site. The project site is located on a California
Land Conservation Act/Williamson Act Contracted lands and the parcels are owned
by the Alpaugh/Atwell Island Irrigation District Assessor's Parcel Number
330-170-005, zoned AE-80 (Exclusive Agricultural 80-acre minimum). The project is located in the Alpaugh
vicinity east of Road 48, west of State Highway Route 43. Section 26, Township
24 South, Range 23 East, M. D. B & M.
Approve the Developer Agreement and Reclamation Plan Financial
Assurances with Solar Project Solutions, LLC (Michael Moers) and Atwell Island
Irrigation District. Authorize the
Chairman to sign the Developer Agreement subject to County Counsel approval.
47.
Request
from the Resource Management Agency to receive Staff Report and presentation
for Case No. PSP 10-030 to allow for the installation of a 50 Mega Watt (MW)
Solar Photovoltaic (PV) electric generating facility. The proposed project is located on four
parcels consisting of approximately 740 acres in which approximately 390.5
acres will be utilized for the 50 MW solar PV facility. The parcels are owned
by the Alpaugh/Atwell Island Irrigation District Assessor's Parcel Numbers
311-090-009; 311-090-028; 313-050-009 and 313-060-002 zoned AE-80 (Exclusive
Agricultural 80-acre minimum) and AE-40 (Exclusive Agricultural 40-acre
minimum). The project is located in the
Alpaugh vicinity between Avenue 68 and Avenue 56, west of State Highway Route
43. Section 25, Township 23 South, Range 23 East, M. D. B & M and Sections
19 & 30, of Township 23 South, Range 24 East, M. D. B & M. Approve the Developer Agreement and
Reclamation Plan Financial Assurances with Solar Project Solutions, LLC
(Michael Moers) and Atwell Island Irrigation District. Authorize the Chairman to sign the Developer
Agreement subject to County Counsel approval.
48.
Request
from the Resource Management Agency to receive Staff Report and Presentation
for Case No. PSP 10-031 to allow for the installation of a 20 Mega Watt (MW)
Solar Photovoltaic (PV) electric generating facility. The proposed project is located on a
combined180 acre parcels. The proposed facility will utilize approximately 160
acres of a 180 acre project boundary site.
The project site contains a 40 acre parcel subject to the California
Land Conservation Act/Williamson Act Contracted lands and the parcels are owned
by Steve W. Martin Ranch, Inc., Assessor's Parcel Numbers 311-100-026;
311-100-024; 330-130-019; 330-130-020; 330-130-018, zoned AE-80 (Exclusive
Agricultural 80-acre minimum) and AE-40 (Exclusive Agricultural 40-acre
minimum). The project is located in the
Alpaugh vicinity between Avenue 50 and Avenue 42, west of State Highway Route
43. Section 2, Township 24 South, Range 23 East, M. D. B & M and Sections
35, of Township 23 South, Range 23 East, M. D. B & M. Approve the Developer Agreement and
Reclamation Plan Financial Assurances with Solar Project Solutions, LLC
(Michael Moers) and Atwell Island Irrigation District. Authorize the Chairman to sign the Developer
Agreement subject to County Counsel approval.
49.
Request
from the Resource Management Agency to receive Staff Report and presentation
for Case No. PSP 10-045 to allow for the installation of a 20 Mega Watt (MW)
Solar Photovoltaic (PV) electric generating facility. The proposed project is located on a 320 acre
parcel and is adjacent to PSP 10-027 and PSP 10-028 solar PV facilities. The
proposed facility will utilize approximately 160 acres of a 320 acre project
boundary site. The project site is
located on a California Land Conservation Act/Williamson Act Contracted lands
and the parcels are owned by the Alpaugh/Atwell Island Irrigation District
Assessor's Parcel Number 330-170-006, zoned AE-80 (Exclusive Agricultural
80-acre minimum). The project is located
in the Alpaugh vicinity east of Road 48, west of State Highway Route 43.
Section 26, Township 24 South, Range 23 East, M. D. B & M. Approve the Developer Agreement and
Reclamation Plan Financial Assurances with Solar Project Solutions, LLC
(Michael Moers) and Atwell Island Irrigation District. Authorize the Chairman to sign the Developer
Agreement subject to County Counsel approval.
50.
Request
from the Resource Management Agency to receive Staff Report and presentation
for Case No. PSP 10-029 to allow for the installation of a 20 Mega Watt (MW)
Solar Photovoltaic (PV) electric generating facility. The proposed project is located on two
parcels consisting of approximately 740 acres in which approximately 160 acres
will be utilized for the 20 MW solar PV facility. The parcels are owned by the
Alpaugh/Atwell Island Irrigation District Assessor's Parcel Numbers 311-090-009
and 311-090-028, zoned AE-80 (Exclusive Agricultural 80-acre minimum) and AE-40
(Exclusive Agricultural 40-acre minimum).
The project is located in the Alpaugh vicinity between Avenue 68 and
Avenue 56, west of State Highway Route 43. Section 25, Township 23 South, Range
23 East, M. D. B & M and Sections 19 & 30, of Township 23 South, Range
24 East, M. D. B & M. Approve the
Developer Agreement and Reclamation Plan Financial Assurances with Solar
Project Solutions, LLC (Michael Moers) and Atwell Island Irrigation District. Authorize the Chairman to sign the Developer
Agreement subject to County Counsel approval.
51.
Request
from the Resource Management Agency to receive Staff Report and presentation
for Case No. PSP 10-027 to allow for the installation of a 20 Mega Watt (MW) Solar
Photovoltaic (PV) electric generating site.
The proposed project is located on two parcels consisting of 320 acres
each for a combined total of 640 acres.
The proposed facility will utilize approximately 172 acres of the
combined 640 acre project boundary site.
The project site is located on a California Land Conservation
Act/Williamson Act Contracted lands and the parcels are owned by the
Alpaugh/Atwell Island Irrigation District, Assessor's Parcel Number 330-170-005
and 006, zoned AE-80 (Exclusive Agricultural 80-acre minimum). The project is located in the Alpaugh
vicinity east of Road 48, west of State Highway Route 43. Section 26, Township
24 South, Range 23 East, M. D. B & M.
Approve the Developer Agreement and Reclamation Plan Financial Assurances
with Solar Project Solutions, LLC (Michael Moers) and Atwell Island Irrigation
District. Authorize the Chairman to sign
the Developer Agreement subject to County Counsel approval.
52.
Request
from the Resource Management Agency to review the eligible uses and options for
the expenditure and allocation of Housing and Urban Development Neighborhood
Stabilization Program 3 (NSP3) Grant.
Provide direction to staff to use all of its NSP3 allocation within the
unincorporated area of the County.
53.
1:30
p.m. Tulare County Fire Department Presentation and Workshop of the Tulare
County Fire Department Master Plan and the Facility plan component of the
Master Plan. Receive Board feedback and
recommendations for modification of the Master Plan.
(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
Adopt
Provisions of Subdivision (b) of Section 51244 and Section 51244.3 of the
Government Code for this fiscal year, Report on Senate Bill 863, Find that
Williamson Act Payments for the Previous Fiscal Year are Less than One-Half of
Tulare County's Actual Forgone General Fund Property Tax Revenue, Notice
Landowners of the Opportunity to Prevent the Modification and Revaluation by
Serving Notice of Non-Renewal by March 1, 2011, Authorize RMA Director to Amend
Tulare County Policy for Williamson Act Contracts to allow for Nonrenewal by
March 1, 2011, Direct Staff to Record a Notice Listing Affected Parcel
Numbers. Board of Supervisors Public
Hearing November 30, 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: 1
Require
All Future Development to Participate in the Pending Public Facility Impact Fee
Program Also Known as Development Impact Fees - County Wide Including
Incorporated City Limits. Board of
Supervisors Public Hearing November 30, 2010.
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
Findings
of Compatibility Pursuant to Government Code Sections 51200-51297.4 and Tulare
County "Uniform Rules for Agricultural Preserves" for Findngs of
Compatibility on Williamson Act Contract land for PSP 10-31 (White River)
submitted by Solar Project Solutions for the development of a 20 Megawatt Solar
Photovoltaic Electrical Generation Facility on 174 acres in the AE-80 and AE-40
Zone, Alpaugh between Ave. 50 and Ave. 42, west of State HW Route 43. Board of Supervisors Public Hearing November
30, 2010.
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Cancel
Land Conservation Contract No. 7191, located within Agricultural Preserve No.
2272, 640 acres in two Parcels Owned by the Atwell Island Water District, 5
miles South of Alpaugh in Southwestern Tulare County; Certify Mitigated
Negative Declaration; Certify to County Auditor the Cancellation Fee Amount of
$64,000, equal to 12.5% of the Current Fair Market Value; Adopt Conditions of
Approval for Tentative Cancellation.
Board of Supervisors Public Hearing November 30, 2010.
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ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 2
Tentative
Subdivision Tract No. 807 to divide a 2.59-acre parcel into 2 residential lots
and a Remainder, Southeast of Kingsburg, Board of Supervisors Public Hearing
November 30, 2010.
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ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Developer
Agreement, Reclamation Plan and Financial Assurances PSP 10-027 (Atwell Island)
large scale Solar Photovoltaic (PV) Electrical generation facility. Board of Supervisors Agenda Item November 30,
2010.
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Developer
Agreement, Reclamation Plan and Financial Assurances PSP 10-028 (Atwell Island
West) large scale Solar Photovoltaic (PV) Electrical generation facility. Board of Supervisors Agenda Item November 30,
2010.
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Developer
Agreement, Reclamation Plan and Financial Assurances PSP 10-029 (Alpaugh Farm)
large scale Solar Photovoltaic (PV) Electrical generation facility. Board of Supervisors Agenda Item November 30,
2010.
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Developer Agreement,
Reclamation Plan and Financial Assurances PSP 10-030 (Alpaugh) large scale
Solar Photovoltaic (PV) Electrical generation facility. Board of Supervisors Agenda Item November 30,
2010.
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Developer
Agreement, Reclamation Plan and Financial Assurances PSP 10-031 (White River) large scale Solar Photovoltaic (PV)
Electrical generation facility. Board of
Supervisors Agenda Item November 30, 2010.
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Developer
Agreement, Reclamation Plan and Financial Assurances PSP 10-045 (White River
West) large scale Solar Photovoltaic (PV) Electrical generation facility. Board of Supervisors Agenda Item November 30,
2010.
Next Item(s)
Sitting as...
ITEM
L
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
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ITEM
M
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
N
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare versus Pier van der Hoek, et al
Tulare County Superior Court Case Number 09-234836
Next Item(s)
Sitting as...
ITEM
O
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare v. Strawberry Stand Corner, LLC,
et al
Tulare County Superior Court Case Number 10-236593
Next Item(s)
Sitting as...
ITEM
P
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare versus Sunrise Dairy, et al
Tulare County Superior Court Case Number 10-235863
Next Item(s)
Sitting as...
ITEM
Q
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare versus Ruth A. Griffioen, et al
Tulare County Superior Court Case Number 10-235864
Next Item(s)
Sitting as...
ITEM
R
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare versus Ruth A. Griffioen, et al
Tulare County Superior Court Case Number 10-235860
Next Item(s)
Sitting as...
ITEM
S
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare v. Jeffrey Lee Nunes, Jr., et al
Tulare County Superior Court Case Number 10-239660
Next Item(s)
Sitting as...
ITEM
T
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
U
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
V
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s) Sitting
as...
