MEMBERS OF THE BOARD

 

ALLEN ISHIDA Chairman

District One

 

CONNIE CONWAY

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 733-6271

FAX (559) 733-6898


 

September 18, 2007

 

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. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  9:00 a.m. Present Proclamation to Target Stores for making a donation of $3,500 for the Reach Out and Read Program. Authorize the Health and Human Services Agency to use the $3,500 donation to purchase books for the Reach Out and Read Program in our County Healthcare centers.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBLIC HEARING: Request from Resource Management Agency to certify the Board has reviewed and considered the information contained in the Mitigated Negative Declaration for the proposed change of zone together with any comments received during the pubic review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970 prior to taking action on the change of zone. Find there is no substantial evidence that said change of zone will have a significant effect on the environment that cannot be mitigated to a level of less than significant, and certify the Mitigated Negative Declaration, which has been completed in compliance with the California Environmental Quality Act of 1970, as amended. Waive the second reading and adopt an Ordinance amending Paragraph B of Section 3 of Ordinance No. 352 of the Tulare County Zoning Ordinance pertaining to the Change of Zone No. PZ 06-005 from AE-40 (Exclusive Agricultural-40 acre minimum) to R-1 (Single Family residential) on a 38.2 acre site in Pixley. Adopt the findings for the Change of Zone, as set forth in Planning Commission Resolution No. 8234. Approve the amendment to the Zoning Regulations Case No. PZ06-005, as recommended by the Planning Commission. Direct the Clerk of the Board to publish the adopted Ordinance. That the Board of Supervisors take the following action on the Vesting Tentative Map for Tract 783. Certify that it has reviewed and considered the information contained in the Mitigated Negative Declaration for the proposed Vesting Tentative Map together with any comments received during the pubic review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970 prior to taking action on the project. Find there is no substantial evidence that said Vesting Tentative Map will have a significant effect on the environment, that cannot be mitigated to a level of less than significant, and certify the Mitigated Negative Declaration, which has been completed in compliance with the California Environmental Quality Act of 1970, as amended. Approve Vesting Tentative Map for Tract No. 783, with exception pertaining to reversed corner lots, subject to the findings and conditions of approval recommended by the Planning Commission in Resolution No. 8235. 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.

(Consent Calendar)

 

 

 

 

 

 

CONSENT CALENDAR (Number 3 through 12)

 

 

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.

 

 

 

Child Support Services

3.                  Approve the fixed asset purchase of a backup power supply unit to support the Voice Over IP Phone System in an amount not to exceed $20,000. Approve the necessary budget adjustments. (4/5ths vote)

Health & Human Services Agency

4.                  Ratify and approve an agreement with Kings View Corporations, Inc. d.b.a. Kings View Substance Abuse Program-Tulare County, Inc. in the amount of $448,087 for the provision of a methadone maintenance program, retroactive to July 1, 2007 through June 30, 2008. 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.

5.                  Ratify and approve the agreement with Tulare Adult School (TAS)/Tulare Joint Union High School District, for student interns volunteering with Tulare County Health and Human Services Agency (HHSA) clinical facilities, that allows students the opportunity to gain work experience in their selected fields of study, retroactive to July 1, 2007 through July 1, 2008. 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.

Resource Management Agency

6.                  Affirm the Annual Springville Apple Festival to be held on October 20 and 21, 2007 in the community of Springville.

7.                  Ratify and approve an amendment to Agreement No. 19649 with Hyde Children Family Partnership II, David G. Hyde and Shelley Hyde, dba D&S Rentals for office space located at 3330 W. Mineral King, Suite A, in the City of Visalia, retroactive to June 30, 2007. Find that the Board has authority to enter into the proposed agreement as of June 30, 2007 and that it is in the County's best interest to enter into the agreement on that date.

8.                  Ratify and approve an amendment to Agreement No. 21727 with Hyde Children Family Partnership II, David G. Hyde and Shelley Hyde, dba D&S Rentals for office space located at 3500 W. Mineral King, Suite B, in the City of Visalia, retroactive to June 30, 2007. Find that the Board has authority to enter into the proposed agreement as of June 30, 2007 and that it is in the County's best interest to enter into the agreement on that date.

 

9.                  Ratify and approve an amendment to Agreement No. 20797 with the Tulare Am Vets Post 56 for office space located at 205 North L Street in the City of Tulare, retroactive to July 24, 2007. Find that the Board has authority to enter into the proposed agreement as of July 24, 2007 and that it is in the County's best interest to enter into the agreement on that date.

10.             Approve an agreement with the State of California, Department of Housing and Community Development for the 2005 CalHome Reuse Account and Loan Servicing Monitoring Grant to continue the County's Emergency Repair Program for owner-occupied houses in the Redevelopment Project Areas of Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center and Traver.

11.             Introduce and waive the first reading of an Ordinance amending Tulare County Zoning Ordinance No. 352 pertaining to radio, microwave and television towers. Set the Public Hearing for October 2, 2007 at 9:30 a.m.

Sheriff/Coroner

12.             Ratify and approve an agreement with the Visalia Unified School District to provide a School Resource Officer at Charter Alternative Academy (Packwood School), retroactive to August 16, 2007 through August 15, 2008. Find that the Board had authority to enter into the proposed agreement on August 16, 2007 and that it was in the County's best interest to enter into the Agreement on that date. Approve adding one (1) Deputy II position. Approve the fixed asset purchase of a Sheriff's patrol vehicle and related equipment in the amount of $46,676. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

13.             Request from Human Resources and Development to approve in concept a 401(a) plan for unrepresented employees of Tulare County, said plan to become operative January 1, 2008, and authorize the Tulare County Deferred Compensation Committee to exercise jurisdiction over the program subject to Board approval as needed. Designate Great-West Retirement Services as the Administrator of the program. Re-title the Deferred Compensation Committee to the Defined Contribution Program Committee to more aptly describe the scope of their duties.

14.             Request from Resource Management Agency to authorize the applicant (Mr. Steve Penn) to file a General Plan Amendment to change the land use designation on a 2.3 acre portion located at 1550 S. Main Street from Rural Residential-Five Acre Minimum to Industrial, and include the portion north of the Campbell Moreland Ditch inside the Porterville Urban Development Boundary.

15.             Request from Resource Management Agency to allow PZI 07-001 (Welch/Farmersville) and PZI 07-005 ((Reeves/Farmersville) to proceed as a General Plan Amendment to include the areas within the Farmersville Urban Development Boundary and designate the sites located at 29678 Road 162 and 29820 Road 162 for commercial uses, but not allow a Change of Zone to be filed unless it is determined that annexation is not feasible.

16.             Request from Resource Management Agency to approve the Measure R Program Supplement to Cooperative Agreement for the Avenue 416 and Road 56 Intersection Traffic Signal Project.

17.             Request from Resource Management Agency to adopt pursuant to Government Code Section 65858, as an urgency measure, the Interim Ordinance pertaining to the limitation of special use permit approval in the designated two and one half mile buffer zone surrounding Colonel Allensworth State Historic Park for an interim period of time, expiring October 24, 2007. Set the Public Hearing on October 9, 2007 and direct the Clerk of the Board to notice such hearing in accordance with Government Code Section 65858, in order to consider this Ordinance and a proposed extension thereof prior to the expiration of this Ordinance.

18.             Public Comments.

19.             Board of Supervisors matters.

(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

 

 

CLOSED SESSION

 

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

(Government Code Section 54956.9(b)(1).)

Significant Exposure to Litigation

Number of Potential Cases:

Change of Zone from AE-40 to R-1-Pixley and Vesting Tentative Map

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

[Government Code Section 54956.9(b)(1)]

Significant Exposure to Litigation

Number of Potential Cases:

Interim Zoning Ordinance, Moratorium on 2.5 Mile Buffer Surrounding

Allensworth State Park

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

[Government Code Section 54956.9(b)(1)]

Significant Exposure to Litigation

Number of Potential Cases: 5

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXIDTING LITIGATION

Details

[Government Code Section 54956.9(a).]

Community Development Commission etc. v. County of Ventura et al,

California Supreme Court Case No. S155386

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...