(Public Comment Period)
1:30 P.M. – TIMED ITEMS
(Timed Items)
1.
PUBLIC
HEARING: Request from Resource Management
Agency to approve the Tentative Subdivision Map for Tract No. TM 795, with
exceptions pertaining to the requirement for curbs and gutters in non-mountainous
areas and maximum cul-de-sac length, submitted by George Costa, 33221 Globe
Drive, Springville located on the west side of Globe Drive, approximately one
mile south of State Highway 190, Springville.
Adopt the findings as set forth in Planning Commission Resolution No.
8288. Find there is no substantial
evidence that said Tentative Subdivision will have a significant effect on the
environment and certify the Negative Declaration prepared for the project in
compliance with the California Environmental Quality Act of 1970 as
amended. Direct the Clerk of the Board
to return the Notice of Determination to the Resource Management Agency for
future filing with the Clerk-Recorder.
2.
PUBLIC
HEARING: Request from Resource Management Agency to receive,
consider, approve and issue a written report from the Tulare County Resource
Management Agency describing the measures taken to alleviate the condition
which led to the adoption of Tulare County Ordinance No. 3353 pertaining to the
regulation of medical marijuana dispensaries.
Adopt the Proposed Ordinance extending Tulare County Ordinance No. 3353
for an additional period of ten (10) months and fifteen (15) days, commencing on
February 22, 2008 and ending January 5, 2009.
(4/5ths vote) Direct the Clerk of
the Board to publish the Summary Ordinance within five (5) days and to post a
certified copy of the complete Ordinance within fifteen (15) days as required
by law.
(Consent Calendar)
CONSENT CALENDAR (Number 3 through 24)
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
3.
Reappoint
Donald Marshall to the Delano Mosquito Abatement District for a term ending
January 2, 2012.
4.
Reappoint
Louis Rambo, District 2 - Regular Member, Edwin Sullivan, District 3 - Regular
Member and Nathalie Kehoe, District 5 - Regular Member to the Tulare County
Library Advisory Board for terms ending December 31, 2011.
5.
Appoint
John Davis to the Tulare County Community Health Board for a term ending April 18,
2008.
6.
Appoint
James (Bill) Rowley, District 4 Representative, to the Tulare County
Agricultural Advisory Committee for a term ending June 30, 2010.
7.
Ratify
the following Proclamations: Honoring
Alta Automotive as the Dinuba Chamber of Commerce 2007 Small Business of the
Year; Honoring Dinuba Lumber Company as the Dinuba Chamber of Commerce 2007
Large Business of the Year; Honoring Shirley Stormont as the Dinuba Chamber of
Commerce 2007 Senior Citizen of the Year; Honoring Nori Naylor as the Dinuba
Chamber of Commerce 2007 Junior Citizen of the Year; Honoring Ben Iosefa as the
California Highway Patrol 2007 Law Enforcement Officer of the Year; Honoring
Mike Rubalcaba as the Tulare County Sheriff's Department 2007 Law Enforcement
Officer of the Year; Honoring Rob Henry as the Visalia Fire Department 2007 Law
Enforcement Officer of the Year; Honoring Gerald Lindsay as the Tulare County
Fire Department 2007 Law Enforcement Officer of the Year; Honoring Greg Powers
as the Tulare County Probation Department's 2007 Law Enforcement Officer of the
Year; Honoring Joe Paddock as the Visalia Police Department 2007 Law
Enforcement Officer of the Year; Honoring Todd Zocchi as the Tulare County
District Attorney's Office 2007 Law Enforcement Officer of the Year; Honoring
Leonor Serna as the Lindsay Chamber of Commerce 2007 Woman of the Year;
Honoring Ono Sister City Organization as the Lindsay Chamber of Commerce 2007
Organization of the Year; Honoring Eliseo Mendez as the Lindsay Chamber of
Commerce 2007 Public Safety Employee of the Year; Honoring Bank of the Sierra
as the Lindsay Chamber of Commerce 2007 Business of the Year; Honoring Alfredo
Martinez as the Lindsay Chamber of Commerce 2007 Employee of the Year; Honoring
Alan Guire as the Lindsay Chamber of Commerce 2007 Volunteer of the Year;
Honoring Helen Easton as the Lindsay Chamber of Commerce 2007 Ambassador of the
Year; Honoring Ana De La Torre as the Lindsay Chamber of Commerce 2007
President's Award Recipient; Honoring Scot Townsend as the Lindsay Chamber of
Commerce 2007 Man of the Year; and Honoring Phillip Bendick for his years of
Public Service in Tulare County.
Fire Department
8.
Accept
a grant from the California Office of Homeland Security in the amount of
$194,000 for the purchase of the following equipment: five (5) Repeaters; thirty (30) Portable
Radios; one (1) Medium Duty Rescue/Decon Specialized Mission Vehicle; and one
(1) ID Card Printer and Software System.
Authorize the Purchasing Agent to purchase the Medium Duty Rescue/Decon
Vehicle from the General Services Administration price list. Authorize the necessary budget adjustments. (4/5ths vote)
Health & Human Services Agency
9.
Ratify
and approve the receipt of $191,214 in revenues provided by the California
Healthcare for Indigents Program (CHIP) to allow the Health and Human Services
Agency (HHSA), Health Services Branch, to continue to compensate medical
providers for care which otherwise would have been provided by them at no
compensation (bad debt claims), retroactive to October 1, 2007 through June 30,
2008. Find that the Board had authority
to enter into the proposed agreement as of October 1, 2007 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)
10.
Approve
and award the Request for Proposal (RFP) and contract for provision of
Wraparound Services to Families First, Inc. to provide services and supports
for high-risk children and their families.
Human Resources & Development
11.
Approve
the Registration of the Tulare County Professional Firefighters, an employee
organization. Approve of the proposed
representation unit consisting of the following classifications: Fire Captain, Fire Captain-Administrative,
and Fire Lieutenant. Approve the
Certification of the Tulare County Professional Firefighters as the exclusive
representative for the following classifications: Fire Captain, Fire Captain-Administrative,
and Fire Lieutenant (Unit #23/Fire Officers).
12.
Approve
the Job Specification and Reclassification of Position #0707, Primary Care
Practitioner, to a specialty position of Primary Care Practitioner T. Approve the Personnel Resolution and amended
compensation for the Primary Care Practitioner T classification to $184,208
annually. Approve the Side Letter of
Agreement between the County of Tulare and the Professional Association of
Tulare County Physicians.
13.
Approve
a Proposed Representational Unit consisting of the following
classifications: Attorney, Public
Defender/District Attorney I-V and Attorney, Child Support I-V, and
Attorney-Aging Services (Unit #8/Attorneys).
Resource Management Agency
14.
Allow
the Civil War Re-enactment at Mooney Grove Park, including the discharge of
firearms (limited to blank ammunition), on February 28 - 29 and March 1 - 2,
2008. Allow overnight camping during the
event by the participants. Allow the use
of fire pits.
15.
Ratify
and approve an amendment to Agreement No. 23271 with ABM Janitorial for County
Service Area 1, 3 & 4 to delete custodial services at the old Orosi
Sheriff's Substation site at 41414 Road 128 and provide services at the new
Orosi Sheriff's Substation site at 40665 Road 128, retroactive to December 3,
2007. Find that the Board had authority
to enter into the Amendment as of December 3, 2007 and that it was in the
County's best interest to amend the agreement on that date.
16.
Approve
the Interim Renewal Contract No. 12 with the United States Department of the
Interior Bureau of Reclamation, Department of Water Resources of the State of
California, to allow the County of Tulare water services from the Central
Valley Project to the Cross Valley Canal.
Reaffirm that the project is exempt from the California Environmental
Quality Act requirements. Authorize the
Resource Management Director and Dennis Keller, Keller and Wegley, Consulting
Engineers, to do all things necessary and proper to comply with the interim
renewal process. Direct the Clerk of the
Board to transmit a certified copy of the Resolution to the Bureau of
Reclamation.
17.
Approve
an Agreement for Purchase of Property from Cottonwood Fresno Holdings, LLC for
the Road 80 Widening Project. Authorize
the Resource Management Agency Director, or his designee, to open an escrow and
sign all documents to facilitate the escrow for this acquisition to be
completed within six months of the date of this action. Direct the Auditor to draw a warrant in the
amount of $3,200 in favor of Chicago Title Company.
18.
Approve
the Final Map for Subdivision Tract No. 777 located on the southeast corner of
Avenue 280 and Cornucopia Road, west of Exeter.
Accept the road right of way dedications for Subdivision Tract No. 777
as shown the Final Map.
19.
Approve
the following Mooney Grove Park Irrigation Project Change Orders as
follows: 1) addition of 1,900 feet of
communication conduit in the amount of $13,356.06; 2) replacement of 6 inch
ductile iron gasket tees in the amount of $3,759.98; and 3) the repair of a 6
inch main line in the amount of $3,291.97.
Authorize the Chairman to sign the Change Orders.
20.
Introduce
and waive the first reading of an amendment to Ordinance No. 352 of the Tulare
County Zoning Ordinance for Change of Zone No. 07-004 from RA-20 (Rural
Residential - 20,000 sq. ft. minimum) and C-3 (Service Commercial) to R-1
(Single Family Residential) on a 14.92 acre site located on the west side of
Road 192 (Mountain View Road) and on the ease side of the southerly projection
of Hale Avenue, approximately 300 feet south of Maple Street in Poplar. Set the Public Hearing for February 26, 2008
at 9:30 a.m.
21.
Approve
the Caltrans Cooperative Agreement with the State of California, Department of
Transportation, for the construction of a traffic signal at the intersection of
Avenue 408 and State Route 63 in the community of Cutler. Make the required findings regarding
development of the traffic signal at the intersection of Avenue 408 and State
Route 63 within the Cutler-Orosi Redevelopment Project Area and authorize the
expenditure of tax increment funds on the project by the Tulare County
Redevelopment Agency.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
22.
Approve
and authorize the expenditure of Cutler-Orosi Redevelopment Project Area tax
increment funds in the amount of $394,000 for the construction of signalization
improvements for Avenue 408 and State Route 63 Improvement Project. Approve the commitment of local funds and
authorize the Chairman of the Redevelopment Agency Board to sign the agreement.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
23.
Approve
the Sale of Right of Way to the State of California, Department of
Transportation, for property located at the Cutler Fire Station at the
southwest corner of Avenue 408 and State Highway 63 in the community of
Cutler. Authorize the Chairman of the
Board to sign the contract and Grant Deed.
Authorize the Resource Management Agency Director, or his designee,
within three (3) months following this action, to execute any additional
documents to facilitate this sale of right of way.
Sheriff/Coroner
24.
Approve
a fixed asset purchase of an ICOP Digital In-Car Police Video System in the
amount of $5,495 to be used to gather and report intelligence data relating to
the illicit possession and distribution of marijuana and to investigate and
report instances involving the trafficking of other controlled substances
located within Tulare County. Approve
the necessary budget adjustments.
(4/5ths vote)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
25.
Request
from Resource Management Agency to deny PZI 07-008, Visalia Moose Lodge Family
Center #546, to change the zone from AE-40 (Exclusive Agriculture-40 acre
minimum) to C-2 (General Commercial) located southeast of the City of Visalia,
near Avenue 272 on Road 140.
26.
Request
from Resource Management Agency to deny PZI 04-002 to proceed with an
application for a change of zone from the O-M-43 (Recreation-Mobile Home
Overlay, 43,000 sq. ft. minimum) and AE-10 (Exclusive Agriculture-10 acre
minimum) to C-3 (Service Commercial) or C-3 and C-2 (Retail Commercial) for APN
282-080-003 located on the southwest corner of State Route 190 and Road 284,
east of the City of Porterville.
27.
Public
Comments.
28.
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
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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 - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Proposed
extension of interim zoning ordinance, Tulare County Ordinance No. 3353,
prohibiting Medical Marijuana Dispensaries for an interim period of time in the
unincorporated areas of Tulare
County
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases:
Tentative
Subdivision Map TM795 for George Costa
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 3
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...