(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from the Fire Department to
conduct a Public Hearing for Fire Hazard Abatement Cost Recovery. Confirm the
accounting as modified. Order that the costs as confirmed be recorded in the
office of the Tulare County Recorder. Order that the Tulare County
Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax
roll as special assessments against the respective parcels of land.
4.
PUBLIC
HEARING: Request from the Resource Management
Agency to hold a Public Hearing to certify that the Board has reviewed and
considered the information contained in the Mitigated Negative Declaration and
Mitigated Monitoring Plan prepared for the project, together with any comments
received during the public review process, consistent with the California
Environmental Quality Act and the State CEQA Guidelines, prior to taking action
on the Change of Zone. Find that although there may be significant
environmental impacts as a result of this project, there will be none in this
case because mitigation measures have been incorporated that reduce any
potentially significant impacts to less than significant. Adopt the findings of
approval for the Mitigated Negative Declaration and Mitigation Monitoring Plan
as set forth in the Planning Commission Resolution No. 8884. Direct the
Environmental Assessment Officer of the Tulare Resource Management Agency to
file a Notice of Determination with the Tulare County Clerk. Adopt the findings
of approval for Change of Zone No. PZ 11-001, as set forth in the Planning
Commission Resolution No. 8885. Waive the final reading and adopt the amendment
to Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No.
PZ 11-001, to change the zoning designation on a 20-acre parcel from MR-217
(Mountain Residential-217,000 sq. ft. minimum) to CO (Commercial Recreation) on
property located on the north side of Goman Road, approximately 400 feet west
of Kennedy Meadows Road, in Kennedy Meadows. Direct the Clerk of the Board to
publish the adopted Ordinance and Amended Zoning Map.
(Consent Calendar)
CONSENT CALENDAR (Number 5 through 27)
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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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Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
5.
Authorize
a loan to Visalia Memorial District not to exceed 85 % of the District's
anticipated property tax revenue for the Fiscal Year 2013/2014, per Government
Code Section 23010. Authorize the County Auditor to sign the loan agreement
subject to approval as to form by County Counsel.
6.
Approve
the Candidate Statement Regulations and Printing Fees for the June 3, 2014
Primary Election and the November 4, 2014 General Election. Require each
candidate filing a statement to pay the estimated cost in advance. The
estimated cost will be adjusted to actual cost upon completion of the election.
Candidates will be refunded or billed for the difference. Fee schedule is
attached. Limit each candidate's statement to no more than 200 words for County
Offices and 250 words for State Offices.
7.
Review
and accept the Certified Statement of Vote as submitted by the Registrar of
Voters for those Offices for which the Board of Supervisors is the governing
body.
8.
Authorize
the County Auditor-Controller/Treasurer-Tax Collector to draw warrants on
indebtedness, per Government Code Section 29802, up to $25,000.
Board of Supervisors
9.
Ratify
the following Proclamations: Honoring
Danny Trejo for being the 2013 Tulare County Drug Court Commencement Speaker
and for his dedication to helping others recover from drug addiction; Proclaiming Saturday, November 9, 2013 as
"Sierra View District Hospital Day"; Recognizing November 11, 2013 as
Veterans Day in Tulare County; Recognizing
the efforts of the outgoing chair of the Porterville Chamber of Commerce,
Stephanie Cortez.
10.
Appoint
Juliet Webb, Public Sector, to the Workforce Investment Board for a term ending
May 31, 2014.
11.
Reappoint
Paulie Romero, Regular Commissioner and Ursula Ybarra, Regular Commissioner to
the Tulare County Housing Authority for a term ending December 18, 2017.
Reappoint Linda Kilgore, Tenant Commissioner to the Tulare County Housing
Authority for a term ending December 18, 2015.
12.
Appoint
Clay Smith, Fire Agency, County-Tulare County Fire Department #22, Alternate to
the Emergency Medical Care Committee for a term ending at the pleasure of the
Board.
County Administrative Office
13.
Introduce
and waive the first reading of an ordinance adding Chapter 29 to Part I of the
Ordinance Code, pertaining to post employment restrictions. Set the second
reading for December 17, 2013. Waive the second reading and adopt an ordinance
adding Chapter 29 to Part I of the Ordinance Code, pertaining to post
employment restrictions. Direct the Clerk to publish a full copy of the
ordinance after adoption as required by law.
14.
Ratify
actions taken by the County Administrative Officer during the month of October
2013.
15.
Approve
an agreement with Kaweah Delta Water Conservation District in the amount of
$398,448 to accept Proposition 84 Implementation Grant funds for the period of
December 3, 2013 to July 31, 2015. Find that the project is exempt from California
Environmental Quality Act (CEQA) on the grounds that the project is consistent
with State CEQA Guidelines Section 15302, Section 15303, and Section
15061(b)(3). Direct Resource Management Agency staff to prepare, execute and
file a Notice of Exemption with the County Clerk in accordance with State of
California CEQA Guidelines. Approve the necessary budget adjustments (4/5ths
vote required).
District Attorney
16.
Ratify
and approve the grant award agreement from the State of California, Department
of Justice, Attorney General's Privacy and Piracy Fund in the amount of $54,135
for the period of July 1, 2013 through June 30, 2014. Ratify the District
Attorney's, or his designee's, signature on the Recipient Award and
Disbursement Approval on behalf of the Chairman. Find that the Board had the
authority to enter into the proposed Agreement as of July 1, 2013, 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).
Fire Department
17.
Authorize
the submission of a grant application for a Federal Emergency Management Agency
Assistance to Firefighters Grant to purchase fire equipment in the amount of
$283,667. Authorize the Fire Chief, or his designee, to sign and electronically
submit the grant application.
Health & Human Services Agency
18.
Approve
an agreement with Financial Credit Network, Inc. retroactive from July 1, 2013
through June 30, 2015, to provide collection services for Tulare County Health
and Human Services Agency (HHSA). Find that the Board had authority to enter
into the proposed agreement as of July 1, 2013 and that it was in the County's
best interest to enter into the agreement on that date.
19.
Ratify
Chairman's signature on a letter to the California Department of Public Health,
regarding the Local Primacy Annual Evaluation Report Fiscal Year 2012-2013.
20.
Approve
a Memorandum of Understanding with the California Department of Child Support
Services effective on the date executed by the California Department of Child
Support Services and shall be in effect for 36 months thereafter to provide
on-line access service to the Child Support Enforcement System.
Human Resources & Development
21.
Approve
the Side Letter agreement between the County and the Service Employees
International Union regarding the 2014 Health Plan benefits; and Employees
International Union regarding the 2014 Health Plan benefits. Find that the
Board had the authority to enter into the side letter agreement as of November
17, 2013, and that it was in the County's best interest to enter into the
agreement on that date.
22.
Approve
the Side Letter agreement between Tulare County and the Tulare County Deputy
Sheriff's Association (TCDSA) establishing an administrative appeals procedure
on the repayment of advanced disability payments when a disability application
is denied.
Information & Communications Technology
23.
Approve
and authorize a Personnel Resolution deleting Position No. 9933 from Tulare
County Information & Communications Technology (TCiCT) and adding it to the
Auditor-Controller's Office. Approve the
necessary budget adjustments (4/5ths vote required).
Resource Management Agency
24.
Approve
the Goshen Community Revitalization Study Final Report.
25.
Find
that the Tulare County Regional Bicycle Transportation Plan is exempt (General
Rule Exemption) from the California Environmental Quality Act. Adopt the Tulare County Regional Bicycle
Transportation Plan. Direct the
Environmental Assessment Officer of the Tulare County Resource Management
Agency to execute and file the Notice of
Exemption with the Tulare County Clerk/Recorder.
26.
Approve
the Harmon Field Preliminary Industrial Development Plan. Authorize staff to
issue a Request for Proposal (RFP) to receive proposals for potential renewable
energy projects for future consideration by the Board of Supervisors.
Sheriff/Coroner
27.
Ratify
and approve an agreement with County of Tuolumne for reimbursement of
expenditures of $2,949 related to the Rim Fire for the period of August 31,
2013 through September 3, 2013. Find that the Board had the authority to enter
into the proposed agreement as of August 31, 2013, and that it was in the
County's best interest to enter into the agreement on that date. Ratify the
Chairman's signature on the agreement.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
28.
Request
from Health and Human Services to approve and adopt the Tulare County /
Operational Area Emergency Operations Plan.
Authorize the Chairman to sign the Letter of Promulgation and the Plan
Concurrence page.
(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 - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: City of Porterville vs. County of Tulare, et al.
Tulare
County Superior Court Case No. 249043
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: County of Tulare vs. City of Porterville, et al.
Tulare
County Superior Court Case No. 249877
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Sierra Club vs. County of Tulare et al.
Tulare
County Superior Court Case No. 249061
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Steven Michael Shoemaker vs. People of the State of California
Tulare
County Superior Court Case No. 11-245401
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (d)(4)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: SEIU Local 521 vs. County of Tulare
Public
Employee Relations Board Case No. SA-RR-1142-M
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (d)(4)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Rhonda Sjostrom, Jean M. Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected.
Next Item(s) Sitting
as...
