MEMBERS OF THE BOARD

 

ALLEN ISHIDA - Chairman

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

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 FLOOD CONTROL DISTRICT, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

August 28, 2012

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.                  Presentation given by Bill DeLain, Region Manager regarding the Southern California Edison Project Update.

2.                  Presentation on the 2012 Summer Night Lights Program.

3.                  Presentation given by Public Financial Management regarding the Annual Administrator's report for the Millennium Fund.

4.                  Public Comments.

5.                  Board of Supervisors matters.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from Resource Management Agency to consider the vacation of Lincoln Avenue north of Avenue 416 in Orosi. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted State of California CEQA Guidelines Section 15061 (b)(3) and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk-Recorder. Determine that the hereinbefore described road is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate the aforementioned road subject to reserving public utility easements for public utility companies within the limits of the vacated road right of way. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor/Clerk-Recorder.

7.                  PUBLIC HEARING: Request from Resource Management Agency to consider the vacation of Avenue 247 west of Road 212 north of Lindsay. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted State of California CEQA Guidelines Section 15061 (b)(3) and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk-Recorder. Determine that the hereinbefore described road is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate the aforementioned road subject to reserving public utility easements for public utility companies within the limits of the vacated road right of way; subject to conveyance of an ingress and egress easement to Assessor Parcel Number 141-100-14; and subject to the merger of the underlying lots under common ownership at the time of filing the request for vacation. Said conveyance of the ingress and egress easement and merger of underlying lot shall be completed by February 28, 2013 or the vacation becomes null and void. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor/Clerk-Recorder concurrent with the recording of the ingress and egress easement and the action merging the underlying lots under common ownership.

8.                  Request from Resource Management Agency to receive a report on the Solid Waste Enterprise Fund.

9.                  Request from Resource Management Agency to authorize the closure of the Earlimart, Balance Rock, Badger, and Kennedy Meadows Transfer Stations, effective October 1, 2012. Authorize a reduction in days of operation for the Teapot Dome Landfill to Thursdays (7:00 a.m. to 4:00 p.m.) through Saturdays (8:00 a.m. to 4:00 p.m.), effective October 1, 2012. Find that the Transfer Station closures and reducing the days of operation for the Teapot Dome Landfill are exempt from the California Environmental Quality Act pursuant to the adopted State of California CEQA Guidelines Section 15061 (b)(3) and direct the Environmental Assessment Officer to sign and file the Notices of Exemption with the Tulare County Clerk-Recorder.

10.             Request from Resource Management Agency to require Licensed Refuse Haulers to deliver waste material collected within their Service Area, excluding recyclables or residuals, to a County operated Solid Waste Facility, effective October 1, 2012. Find that taking the above action is exempt from the California Environmental Quality Act pursuant to the adopted State of California CEQA Guidelines Section 15061 (b)(3) and direct the Environmental Assessment Officer to sign and file the Notice of Exemption with the Tulare County Clerk-Recorder.

11.             PUBLIC HEARING: Request from Resource Management Agency to approve adjusted Tipping Fees, effective October 1, 2012. Find that these fees are for the purpose of recovering the operational, environmental monitoring, recycling programs, contribution to reserve, and administrative costs of the Solid Waste Division and is an activity exempt from CEQA pursuant to Public Resources Code Section 21980 (b)(8) and direct the Environmental Assessment Officer to sign and file the Notice of Exemption with the Tulare County Clerk-Recorder.

Special Schedule:

2:00 p.m. Item 12 (Public Hearing on General Plan)

5:00 p.m. Break

7:00 p.m. Reconvene Item 12 (Public Hearing on General Plan)

 

2:00 P.M. TIMED ITEM

 

12.             PUBLIC HEARING: Request from Resource Management Agency to hold a Public Hearing on the Proposed Tulare County General Plan 2030 Update, Proposed Climate Action Plan, and Proposed Final Environmental Impact Report. Open the Public Hearing, receive a staff presentation on the proposed General Plan 2030 Update, proposed Climate Action Plan and proposed Final Environmental Impact Report and receive the Planning Commission recommendation. Receive public comment regarding the Proposed General Plan 2030 Update, the proposed Final Environmental Impact Report and the proposed Climate Action Plan. Close the Public Hearing and take action on the following: a) Resolution of decision certifying the proposed FEIR as recommended by Staff for the proposed General Plan 2030 Update and proposed Climate Action Plan, adopting California Environmental Quality Act (CEQA) Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; b) Resolution of decision and findings approving Planning Commission's recommendation and amending the County's Existing General Plan as set out in the proposed General Plan 2030 Update "As Modified" and as recommended by staff; c) Resolution of decision and findings adopting the proposed Climate Action Plan; and d) Direct the Clerk of the Board to issue a Notice of Determination in compliance with CEQA Guidelines Section 15094.

(Consent Calendar)

 

 

 

CONSENT CALENDAR (Number 13 through 39)

 

 

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

13.             Approve an agreement with the California Department of Food and Agriculture for providing State Subvention in the amount of $554,506 to offset costs for the detection and suppression of Glassy-winged Sharpshooter, retroactive to July 1, 2012 through June 30, 2014. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

14.             Approve an agreement with the California Department of Food and Agriculture providing state subvention of up to $8,685 to offset costs of registering organic growers and conducting organic inspections. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

Board of Supervisors

15.             Ratify a Proclamation declaring September 2012 Childhood Cancer Awareness Month in Tulare County.

16.             Reappoint Jeffrey A. Nelson, District 2 seat, Stuart Morse, District 3 seat, and Jim Crew, District 5 seat, to the Tulare County Fish and Game Commission for terms ending September 4, 2014.

17.             Reappoint George J. Ouzounian, District 3 seat, to the Assessment Appeals Board for a term ending September 2, 2015.

18.             Appoint Kirk Nelson, District 1 - Consumer seat, to the Community Health Center Board for a term ending April 18, 2015

19.             Appoint Marlin Curtis Murray to the Springville Public Utility District for a term ending December 6, 2013.

20.             Approve sending a letter of support for the funding request made by Yosemite/Sequoia Resource Conservation and Development Councils for a Community Housing Improvement Program grant from the Fire Safe Council Grants Clearinghouse.

 

 

 

County Administrative Office

21.             Approve a Resolution requesting additional federal judgeships to the Eastern District of California, Fresno Division. Approve sending copies of the Resolution to Senator Feinstein, Congressman Lungren and all United States Representatives from the Eastern District of California, Chief Judge Alex Kozinkski, and Chief Judge Anthony Ishii.

22.             Approve a Memorandum of Understanding with the Tulare County Employees' Retirement Association (TCERA) and TCERA Property, Inc., retroactive to July 1, 2012. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

23.             Approve the named facilities as facilities designated by the County and approved by the State Department of Mental Health for 72-hour treatment and evaluation. Approve the named classes of persons who may, upon probable cause, take, or cause to be taken, mentally disordered persons described in California W&I Code Section 5150 into custody and place them into a facility described in paragraph 1, for 72-hour treatment and evaluation. Approve the designations under this Resolution effective through June 30, 2013. All previous designations are hereby revoked. Authorize and direct the Clerk of this Board to send certified copies of this Resolution to the Director of each authorized facility, the Director of Turning Point of Central California, and the Director of Tulare Youth Services Bureau.

24.             Approve the Memorandum of Agreement between the County of Tulare and the Federal Emergency Management Agency Integrated Public Alert and Warning System Program Management Office.

25.             Approve an agreement with the California Department of Public Health, Emergency Preparedness Office in the amount of $352,655 for the Public Health Emergency Preparedness, Center for Disease Control Base Allocation, retroactive to July 1, 2012 through June 30, 2013: $260,246 for the Laboratory Allocation, retroactive to July 1, 2012 through June 30, 2013; $256,783 for the Hospital Preparedness Program Allocation, retroactive to July 1, 2012 through June 30, 2013; and $75,536 for the State Grant Fund Pandemic Influenza Allocation, retroactive to July 1, 2012 through June 30, 2013 for an amount totaling $945,220. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

26.             Approve an agreement with the California Department of Health Care Services for Tulare County to participate in the Targeted Case Management program, retroactive to July 1, 2007 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of July 1, 2007, and that it was in the County's best interest to enter into the agreement on that date.

 

 

27.             Approve an agreement with Tipton Elementary School District for Tulare County Health & Human Services Agency, as the Local Government Agency, to act as the claims processing agent of the Medi-Cal Administrative Activities Claims on behalf of their school district, retroactive to July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

Information & Communications Technology

28.             Authorize the County to sponsor a Tech Fair for all Tulare County employees. Authorize invitations for outside attendees, not limited to: local city governments, local county governments, local education institutions, and local businesses. Authorize employees who are working during the Fair's hours to attend on County time, subject to coordination and approval of their department to assure that services continue to be provided. Authorize the department to require a registration fee for a booth and additional fees for additional services needed by a vendor. Authorize Tulare County Information & Communications Technology to expend no more than $5,000, in the event fees received do not cover the cost of the event.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

In-Home Supportive Services Public Authority

29.             Approve an agreement for admission of new member to Golden State Risk Management Authority, the Joint Exercise of Powers Agreement, and the Golden State Risk Management Authority Bylaws for general liability insurance, retroactive to July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement as of that date.

ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Resource Management Agency

30.             Authorize the filing of Notices of Partial Non-Renewal for the following seven (7) Land Conservation Contracts as provided in the Williamson Act. These requests fulfill conditions resulting from the creation of six separate parcel maps and the approval of one lot-line adjustment. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

PNR 11-016 - Williamson Act Contract No. 6119, Ag Preserve No. 2004, located on Avenue 264 southeast of Exeter (Robert H. Hickam and Shirley L. Hickam) (1.22 acres from 19.42 acres to be non-renewed as a condition of Parcel Map PPM 10-044) 19.42 acres subject to contract amendment.

PNR 11-017 - Williamson Act Contract No. 4764, Ag Preserve No. 1432, located on Road 84 south of Dinuba (Steven J. Mark and Barbara L. Mark) (1.81 acres from 19 acres to be non-renewed as a condition of Lot-Line Adjustment PLA 11-015) 19 acres in three parcels subject to contract amendments.

 

PNR 11-019 - Williamson Act Contract No. 4043, Ag Preserve No. 994, located at Road 52 and Avenue 216 southwest of Tulare (Michael T. Lorenzo) (2.51 acres from 159 acres non-renewed as a condition of Parcel Map PPM 11-016) 159 acres in three parcels subject to contract amendment.

PNR 11-023 - Williamson Act Contract No. 4993, Ag Preserve No. 1754, located south of Avenue 304 east of Visalia (Thomas F. Mitts) (2.51 acres from 20.17 acres non-renewed as a condition of PPM 11-044) 20.17 acres subject to contract amendment.

PNR 11-026 - Williamson Act Contract No. 4471, Ag Preserve No. 1353, located on Road 168 east of Orosi (Frank M Wall and Rosalinda Raya Wall) (2.73 acres from 91.61 acres non-renewed as a condition of PPM 08-082) 91.61 acres subject to contract amendment.

PNR 12-002 - Williamson Act Contract No. 4146, Ag Preserve No. 1137, located on Road 48 southwest of Dinuba (James S. and Susan G. Jost, Timothy A. and Karen J. Jost) (3.81 acres from 80 acres non-renewed as a condition of PPM 11-031) 80 acres subject to contract amendment.

PNR 12-003 - Williamson Act Contract No. 6634, Ag Preserve No. 2189, located on Avenue 248 northwest of Tulare (Annette E. Benevedes) (1.5 acres from 198.85 acres non-renewed as a condition of PPM 11-030) 198.85 acres subject to contract amendment.

 

31.             Approve the standard form Agreement for Allocation of Sales and Use Tax Revenues and Limitation on Transfer of the Project to Nontaxable or Tax Exempt Entities under a Special Use Permit for solar projects and similar large-scale projects. Authorize the County Administrative Officer to sign the standard form agreements on behalf of the County. Authorize County Counsel to update said agreements as may be necessary from time-to-time.

32.             Approve the standard form Developer Agreement and Reclamation Plan for Solar Facilities. Authorize the County Administrative Officer to sign the standard form agreements on behalf of the County. Authorize County Counsel to update said agreements as may be necessary from time-to-time.

33.             Approve the Contract Change Order in the amount of $201,600 (amendment to Tulare County Agreement No. 25380) to direct Papich Construction Company, Inc., to install a traffic signal at the intersection of Road 80 and Avenue 360 as a part of Phase 3 of the Road 80 widening project.

34.             Accept the work for the Closure of Abandoned Water Wells performed within the Delft Colony Zone of Benefit as complete by Consolidated Testing Laboratories, Inc. of Exeter, 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 Clerk-Recorder.

35.             Introduce and waive the first reading of an Ordinance adding Section 3-01-1195, "Tonyville" and Section 3-01-1200, "Kingsburg" to Part III, Chapter 1, Article 3 of the Tulare County Ordinance Code pertaining to speed limits. Set the second reading for September 11, 2012.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

36.             Approve the Joint Funding Agreement with the United States Geological Survey for water resources investigations during the period November 1, 2012 to October 31, 2013.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

37.             Ratify and approve an amendment to Agreement No. 24619 with California Emergency Management Agency for operation of the Residential Substance Abuse Treatment Program in the amount of $30,988, retroactive to July 9, 2012 through June 30, 2013. Ratify the Chairman's signature. Find that the Board had authority to enter into the proposed agreement as of July 9, 2012, and that it was in the County's best interest to enter into the agreement on that date.

38.             Accept grant funding and approve an agreement with the United States Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program in the amount of $40,602 to partially fund two School Resource Officers, retroactive to October 1, 2011 through September 30, 2015. 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).

39.             Approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing Program, retroactive to July 1, 2012, through June 30, 2013. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

40.             Request from the Agricultural Commissioner/Sealer to waive the second reading and adopt an Urgency Ordinance, pursuant to Government Code Section 25123, amending Sections 8000, 8010, 8020, 8030 and 8090 of Article 8 of Chapter 5, Part 6 of the Tulare County Ordinance Code pertaining to the theft of nuts, declared the urgency thereof, to take effect immediately. Direct the Clerk to publish and post the Ordinance after adoption as required by law. (4/5ths vote required)

(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: 9

Public Hearing to approve Tipping Fees

See Board of Supervisors Agenda August 28, 2012

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: 9

Transfer Station Closures and Landfill Hours

See Board of Supervisors Agenda August 28, 2012

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: 9

Requiring Licensed Refuse Haulers to deliver waste to Tulare County Landfills

See Board of Supervisors Agenda August 28, 2012

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: 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 E

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 9

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

Potential Litigation regarding opposition to the Tulare County Traffic and Facilities Development Impact Fee Program

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: 9

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: SEIU Local 521 vs. County of Tulare

Public Employment Relations Board Charge No. SA-CE-782-M

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

Wrongful Termination Action; DFEH/EEOC Complaint against County of Tulare and Individual Employees; Government Tort Claim by an employee against the County of Tulare

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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...