MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS - Chairman

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


 

May 10, 2011

 

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.                  Recognize David Williams upon his retirement from the Sheriff's Department for his 30 years of County service.

2.                  Recognize Janet Hinesly for receiving the 31st Assembly District Woman of the Year Award.

3.                  Present Proclamation Honoring Gist Farms for 125 Years of Continuous Farming in Tulare County.

4.                  Adopt a Resolution proclaiming the month of May 2011 as "Perinatal Depression Awareness Month" in Tulare County. Receive a presentation regarding the importance of awareness and treatment for Perinatal Depression and current efforts in Tulare County.

5.                  Presentation given by the San Joaquin Valley Air Pollution Control District regarding an air quality update.

6.                  Public Comments.

7.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

8.                  PUBLIC HEARING: Request from the Auditor-Controller/Treasurer-Tax Collector to waive the second reading and adopt an uncodified Ordinance pertaining to fees for certain Tax Collector services. Direct the Clerk of the Board to publish the full Ordinance after adoption as required by law.

9.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt the proposed Planning and Development fee adjustments as listed in the 2011-2012 Summary of Proposed Fees in accordance with Health and Safety Code Section 17951 and Government Code Sections 54986, 65909.5, 66014, 66016 and 66451.2, effective July 9, 2011.

10.             PUBLIC HEARING: Request from Resource Management Agency to certify that it has reviewed and considered the information contained in the Negative Declaration prepared for General Plan Amendment No. GPA 09-003 and Change of Zone No. PZ 09-004 as requested by Pena's Disposal, together with any comments received during the public review process, in compliance with the California Environmental Quality Act of 1970 and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended, prior to taking action on the General Plan Amendment and Change of Zone. Find there is no substantial evidence that General Plan Amendment GPA 09-003 and Change of Zone No. PZ 09-004 will have a significant effect on the environment and determine that the Negative Declaration 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 of 1970, as amended. Amend the Cutler-Orosi Area Land Use Plan as requested in GPA 09-003 from Residential Reserve to Industrial on 6.77 acres and from Industrial Reserve to Industrial on 11.3 acres on an 18 acre site. Adopt the findings for approval for the General Plan Amendment and Change of Zone, as set forth in Planning Commission Resolution No. 8560 and 8561. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance.

(Consent Calendar)

CONSENT CALENDAR (Number 11 through 23)

 

 

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.

 

 

 

Auditor-Controller

11.             Authorize the County Auditor-Controller to discharge the Tulare County Olive Pest Control District Loan in the amount of $27,646.16.

12.             Authorize the County Auditor-Controller/Treasurer-Tax Collector to draw warrants on indebtedness, per Government Code Section 29802, up to $10,000.

Board of Supervisors

13.             Ratify the following Proclamations: Honoring the Tulare Athletic Boxing Club for its Dedication to the Youth of Tulare County; Recognizing Richgrove Elementary School District for its Beautification and Solar and Green Schools Projects; and Recognizing Barton Smith as the 2011 Tulare Kiwanis Farmer of the Year.

14.             Appoint Robin Skiles as the County Representative to the Indian Gaming Local Benefit Committee for a term ending June 30, 2013.

Economic Development Corporation

15.             Approve the 2011 Comprehensive Economic Development Strategy Update Report for Tulare County.

Health & Human Services Agency

16.             Reaffirm the Declaration of State of Emergency pertaining to flooding set out in Resolution No. 2010-1016 and adopted on December 21, 2010.

17.             Approve an agreement with Aspiranet for the Transitional House Plus Program services in an amount not to exceed $220,849 from July 1, 2011 through June 30, 2012.

Purchasing

18.             Authorize the Purchasing Department to maintain two cash drawers, by increasing the Change Fund to $400, for the purpose of making change during sales events.

 

 

 

Resource Management Agency

19.             Approve an agreement with the California Department of Public Health (CDPH) to accept $276,500 in grant monies for the Delft Colony Zone of Benefit Well Abandonment Project. Designate the Resource Management Agency (RMA) Assistant Director, Public Works (formally RMA Assistant Director-Engineering/County Surveyor) as the official to: approve claims for reimbursement; sign the project's Budget and Expenditure Summary Form; sign the project's Final Release Form; certify that the project is complete and ready for final inspection; and be the designated grant administrator.

20.             Consent to the City of Porterville's acquisition of property located in the County's jurisdiction along the westerly side of Newcomb Street, 42 feet wide from south of Olive Avenue to south of Roby Avenue for maintenance and operation of City road improvements.

21.             Waive the second reading and adopt an Ordinance amending Sections 7-27-1010, 7-27-1100, 7-27-1110, 7-27-1180, 7-27-1205, and 7-27-1215 of Chapter 27 of Part VII of the Tulare County Ordinance Code pertaining to flood damage prevention. Direct the Clerk to the Board to publish a Summary and post a Certified Copy of the Ordinance within fifteen (15) days after adoption in accordance with Government Code Section 25124(b)(1).

22.             Find there is no substantial evidence that the proposed amendment to the Zoning Ordinance will have a significant effect on the environment and that a Notice of Exemption for said Zoning Ordinance Amendment reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Waive the final reading and adopt an Ordinance amending Parts II B and II G of Section 16 of Uncodified Tulare County Ordinance No. 352 as Amended (Commonly known as the Zoning Ordinance of Tulare County) pertaining to the deletion of Non-Commercial Kennels by Special Use Permit and establishing Non-Commercial Kennels as an Administrative Use Permit and adding Public Works staging areas for public projects through Administrative Use Permits. Direct the Clerk of the Board of Supervisors to publish the adopted Summary Ordinance and to post a Certified Copy of the full Ordinance within fifteen (15) days as required by Government Code Section 25124 and to cause the Notice of Exemption to be filed with the Tulare County Clerk-Recorder.

Sheriff/Coroner

23.             Approve the Fixed Asset purchase of a Narcotics Detection Dog in an amount not to exceed $7,500. Approve the necessary budget adjustments. (4/5ths vote required)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

24.             Request from the County Administrative Office to approve a Memorandum of Understanding between the County of Tulare and the City of Dinuba relating to the General Plan.

25.             Request from Resource Management Agency to approve the deletion of 9 allocated positions from the Resource Management Agency - Community Development Division. Approve the deletion of vacant positions effective May 10, 2011, per the Personnel Resolution. Direct Resource Management Agency and Human Resources and Development to initiate the County's layoff process affecting the Community Development Division effective June 18, 2011; the issuance of notices of layoff and meeting and conferring with the union, SEIU.

(Closed Session)

 

 

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

 

It is the intention of the Board to meet in closed session concerning:

 

Sitting as the Tulare County Board of Supervisors

ITEM A

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Hoffman, Robert E. vs. County of Tulare, Tulare County Superior Court Case Number 10-238377

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Garcia, Isaiah, et al vs. County of Tulare, Vanessa Bermudez, Tulare County Superior Court Case Number 09-232907

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: 4

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

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

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 LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...