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 25, 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.                  Swearing-in Ceremony for the Fire Chief.

2.                  Presentation given by Paul Yoder with Strategic Local Government Services regarding a Legislative Update.

3.                  Public Comments.

4.                  Board of Supervisors matters.


(Consent Calendar)

CONSENT CALENDAR (Number 5 through 21)

 

 

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.

 

 

 

Board of Supervisors

5.                  Ratify the following Proclamations:  Honoring Central Valley Recovery Services, Inc. on 40 Years of service to Tulare County; and Honoring the Strathmore Town & Country Club on its 100th Anniversary.

6.                  Appoint Neal Wallis, Retired Member Seat, to the Deferred Compensation Committee for a term ending January 2, 2013.

7.                  Appoint the following individuals to the Tulare County Water Commission for terms ending April 30, 2013:  Paul Boyer, District 1 Representative, Richard L. Schaefer, District 5 Representative, Laurel Firestone, At-Large Member, and Mark Larsen, District 3 Representative.

County Administrative Office

8.                  Approve sending a letter of concern regarding lack of public input for the UC Davis Nitrate Study draft report to the State Drinking Water Resources Control Board.

District Attorney

9.                  Approve a budget proposal in the amount of $167,641 for the State of California, Health & Human Services Agency, Department of Social Services, In Home Supportive Services Fraud Prevention Program for the period of July 1, 2011 through June 30, 2012.

General Services

10.             Approve an amendment to Agreement No. 22796 with the Three Rivers Community Services District to extend the term of the agreement for an additional five years for lease of real property to provide a local recreational facility for children.

Health & Human Services Agency

11.             Accept the award for funding in the amount of $94,903 from the California Department of Public Health, Tuberculosis Control Branch, to support tuberculosis prevention and control, retroactive to July 1, 2011 through June 30, 2012.  Find that the Board had authority to accept the award as of July 1, 2011, and that it was in the County's best interest to accept the award on that date.

12.             Approve an agreement with the California Department of Public Health for the Sexually Transmitted Disease (STD) Prevention and Control Program, retroactive to July 1, 2011 through June 30, 2013.  Delegate the authority to sign the Contractor's Release Form to the Agency Director.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

13.             Approve the Comprehensive Agreement with the California Department of Public Health, Emergency Preparedness Office in the amount of $326,985 for the Public Health Emergency Preparedness, Center for Disease Control Base Allocation, retroactive to August 1, 2011 through August 9, 2012; $217,740 for the Laboratory Allocation, retroactive to August 10, 2011 through August 9, 2012; $270,384 for the Hospital Preparedness Program Allocation, retroactive to July 1, 2011 through June 30, 2012; and $74,988 for the State Grant Fund Pandemic Influenza Allocation, retroactive to July 1, 2011 through June 30, 2012 for an amount totaling $890,097.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2011, 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)

Resource Management Agency

14.             Amend Resolution No. 2011-0457 paragraphs 3, 4, and 5 pursuant to the State of California Department of Parks and Recreation's direction to read as follows:  Certified that the County has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project.  Certified that the County, in partnership with the Earlimart School District, through a Joint Exercise of Powers Agreement, has or will have sufficient funds to operate and maintain the park with the understanding that the County is ultimately responsible to the State during the 30-year contract performance period, should the grant be awarded.  Certified that the County, in partnership with the Earlimart School District, through a Joint Exercise of Powers Agreement, has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.

15.             Agree to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funded transit projects.  Authorize the Chairman of the Board to execute the Authorize Agent form and Certification and Assurances document.  Authorize the Tulare County Resource Management Agency Director and Assistant Director-Public Works to execute all required documents of the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) program and any Amendments thereto with the California Department of Transportation.

16.             Approve Program Supplement No. N049 to Administer Agency-State Agreement for Federal-Aid Project  No. 06-5946 for the Avenue 280 and Road 180 Traffic Signal project.

 

 

17.             Affirm implementation of Assembly Bill 1265 (formerly SB 863) to establish new Williamson Act contracts including a reduction of property tax benefits by ten percent and a related reduction of the term of the contracts to nine years (eighteen years for Farmland Security Zone contracts) to be effective beginning January 1, 2011.  Affirm the finding that the County received less than one-half of the foregone property tax revenue pursuant to Government Code Section 16142.1(d)(1) for the 2010/2011 Fiscal Year.

18.             Approve the Fiscal Year 2011/2012 Land Conservation Act (Williamson Act) Subvention Application Report.

19.             Find there is no substantial evidence that the proposed Uncodified Ordinance will have a significant effect on the environment and that a Notice of Exemption for said Ordinance 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 to elect and implement participation by the County of Tulare and the Tulare County Redevelopment Agency in the Alternative Voluntary Redevelopment Program pursuant to Part 1.9 of Division 24 of the Health and Safety Code based on Assembly Bill X1 27.  Direct the Clerk of the Board of Supervisors to publish the adopted Summary Ordinance and to post a certified copy of the full ordinance with the names of the Board of Supervisors voting for and against the adoption, 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

20.             Ratify and approve an amendment to Agreement No. 24619 with the California Emergency Management Agency for the operation of the Residential Substance Abuse Treatment Program, retroactive to October 1, 2011 through September 30, 2012.  Find that the Board had authority to enter into the proposed agreement as of October 1, 2011, 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)

21.             Approve an agreement with the Department of Justice, Office on Violence Against Women, for grant funding in the amount of $404,700 for Encourage Arrest Policies and Enforcement of Protection Orders Program, retroactive to October 1, 2011 through September 30, 2013.  Approve the Memorandum of Understanding between the Sheriff's Department, Family Service of Tulare County, Probation Department and District Attorney for the partners on the Tulare County Safety and Accountability in Family Environments Program, retroactive to October 1, 2011 through September 30, 2013.  Find that the Board had authority to enter into the proposed agreements as of October 1, 2011, and that it was in the County's best interest to enter into the agreements on that date.  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

 

22.             Request from Resource Management Agency to adopt a Resolution and Findings supporting of denial of an appeal of Planning Commission Resolution No. 8590 certifying the Negative Declaration and Resolution No. 8591 approving Special Use Permit No. PSP 10-020 (Sierra Packaging Solutions) filed by Kenneth J. Price of Baker Manock & Jensen, PC, Attorneys for Bryan Tahmazian and Jeff Bortolussi, adversely affected parties, 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 return the Notice of Determination to the Resource Management Agency for future filing with the County Clerk.

23.             Presentation given by Resource Management Agency, Planning Branch, regarding an overview of operations concerning the Project Review Division, Building and Housing Division, and Permit Center.

(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 facilities 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 25, 2011

 

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Matheny Tract Committee vs. County of Tulare, et. al.

Tulare County Superior Court Case No. 11-24725

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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

Potential Litigation Regarding Opposition to the Tulare County Traffic and Facilities Development Impact Fee Program

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 - 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 F

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases:1

Next Item(s) Sitting as...

ITEM H

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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