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,

THE TULARE COUNTY REDEVELOPMENT AGENCY,

THE TULARE COUNTY FLOOD CONTROL DISTRICT

THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

November 30, 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.                  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)

 

 

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.

 

 

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:

Goshen Community Services District

 

Sierra View Local Hospital District

Carmen Valdez, Director

 

Kent M. Sorrells, Director

 

 

 

Alta Healthcare District

 

Dinuba Memorial District

Irene N. Atilano, Director Zone 1

 

Robert O. Olivas, Director #3 - Veteran

 

17.             Appoint the following individuals In Lieu of Election for Full-Terms ending December 5, 2014:

Goshen Community Services District

 

Dinuba Memorial District

Darrel F. Key, Director

 

Peter J. McManus, Director #1 - Veteran

Maria S. Jimenez, Director

 

Jack D. Haldeman, Director #2 - Veteran

Carmen Valdez, Director

 

 

 

 

Orosi Memorial District

Kings River Conservation District

 

Leo Gonzalez, Director #1 - Non-Veteran

Norman B. Waldner, Director

 

Victor Quintana, Director #2 - Veteran

 

 

Gabriel Pena, Director #3 - Veteran

Alta Healthcare District

 

 

Yvette B. Botello, Director Zone 3

 

Springville Memorial District

Jo Ann McGuire, Director Zone 4

 

Jerry McCleary, Director #4 - Non-Veteran

 

 

Perry G. Patterson, Director #5, Veteran

Exeter Ambulance District

 

 

Garrett German, Director

 

Pixley Public Utility District

Brett Inglehart, Director

 

Eluid Joseph Mendoza, Director - Seat #2

 

 

 

Sierra View Hospital District

 

 

Ashok Behl, Director

 

 

Jeanne Hetherington, Director

 

 

 

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.

American Paving Company

$8,511,479.00

Teichert Construction

$8,701,320.00

Viking Construction

$9,099,775.00

Agee Construction

$9,559,551.00

Emmets Excavation

$9,959,238.00

Lee's Paving Inc.

$10,144,586.90

Menefee Construction

$10,222,583.97

Engineers Estimate

$12,287,675.50

(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)

 

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: 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.

Next Item(s) Sitting as...

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.

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: 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.

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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.

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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

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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

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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

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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

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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

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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

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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

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ITEM T

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

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ITEM U

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

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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

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