(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)
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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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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
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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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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
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
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
Next Item(s)
Sitting as...
