(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)
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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.
|
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
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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: 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...
