MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

CONNIE CONWAY Chairman

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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

February 12, 2008

 

1:00 P.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)


 

1:30 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.

 

 

 

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

 

 

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...