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


 

October 4, 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.                  Proclamation recognizing October 2011 as Domestic Violence Awareness Month in Tulare County.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to deny the appeal filed by Kenneth J. Price of Baker Manock & Jensen, PC, Attorneys for Bryan Tahmazian and Jeff Bortolussi, adversely affected parties, and uphold the Planning Commission's certification of the Negative Declaration and conditional approval of Special Use Permit No. PSP 10-020 (Sierra Packaging Solutions) to allow an agricultural service operation on a 6-acre portion of a 20-acre site located on the southeast corner of Avenue 400 (State Route 201) and Road 24 east of Kingsburg. Direct the Clerk of the Board of Supervisors to sign and return the Notice of Determination to the Resource Management Agency for future filing with the County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 8)

 

 

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.

 

 

 

General Services

5.                  Approve an amendment to Agreement No. 7706 between the County of Tulare and the Department of the Army to extend the terms of the agreement through and including August 2, 2036 for Public Park and recreational purposes, retroactive to August 3, 2011. Find that the Board had authority to enter into the proposed agreement as of August 3, 2011, and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

6.                  Accept the work for construction of the Asphalt Concrete Overlay on Road 132 from Avenue 358 (Alignment) to Cottonwood Creek and on Avenue 296 from Road 148 to Road 168 as complete by Flatiron West, Incorporated of Benicia, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

7.                  Ratify and approve an agreement with the State of California, Department of Transportation for cost reimbursement of transit operating expenses in the amount of $180,000, retroactive to July 1, 2010 through June 30, 2012 . Find that the Board had the authority to approve the agreement as of July 1, 2010, and that it was in the County's best interest to execute the agreement on that date. Ratify the Chairman's signature on the agreement. Authorize the Chairman to sign the reimbursement request upon approval of the agreement by the State.

8.                  Approve compensating Celso and Maria Avendano in the amount of $1,400 to relocate their electric service from the County's new right of way to remainder portion of their property at 38291 Road 80 and for the Avendano's to provide the necessary easements to Pacific Gas and Electric Company to retain electric service on their property and that of the adjoining property owned by Jon Dolieslager.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

9.                  Request from Resource Management Agency to authorize staff to record a Release of Lien and enter into a Code Compliance Agreement with the new owner of property with an existing Code Enforcement Case No. V100-053 at 71222 Avenue 424 in Dinuba.

10.             Request from Resource Management Agency to authorize staff to record a Release of Lien and to enter into a Code Compliance Agreement with the heirs of an existing Code Enforcement Case No. V508-029 at 39900 Pierce Drive in Three Rivers.

11.             Request from Resource Management Agency to authorize staff to record a Release of Lien for an existing Code Enforcement Case No. P8802971 at 670 South Main Street in Pixley and similar Code Enforcement cases.

(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 - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Appeals by Bryan Tahmazian and Jeff Bortolussi of Special Use Permit No. PSP 10-020 (Sierra Packaging Solutions) for an agricultural packaging, storage and sales facility on a 6.25-acre portion of a 20-acre site in the AE-20 Zone located at the southeast corner of Ave. 400 and Road 24. Board of Supervisors Agenda Item October 4, 2011

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ITEM B

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Fire Chief

(Government Code Section 54957.6)

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ITEM C

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Jeff Cardell, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

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