(Public Comment Period)
9:30 A.M. – TIMED ITEMS
(Timed Items)
1.
PUBLIC
HEARING: Request from the Resource Management Agency to hold a public
hearing regarding amendment to the Poplar-Cotton Center Community Plan and an
Amendment to the Tipton Urban Boundaries Element for General Plan Amendment No.
GPA 07-005 (Applicants Michael G. Brown & Douglas C. Bartlett) to amend the
Poplar Center Community Plan to change the land use designation from
"Commercial" and "Rural Residential" to "Low Density
Residential" on a 14.92 acre site located on the west side of Road 192
(Mountain View Road), and on the east side of the southerly projection of Halo
Avenue, 300 feet south of Maple Street, in Poplar and for General Plan
Amendment No. GPA 07-003 (Applicant Santokh S. Toor) to amend the Urban
Boundaries Element for an expansion of the Tipton Urban Improvement area to
include the southern 12.65-acre portion of a 19.2-acre parcel located on the
southeast corner of State Route 99 and Avenue 144 (State Route 190/Poplar Avenue)
in Tipton. Find that said General Plan
Amendments will not have a significant effect on the environment and certify
the Negative Declarations prepared for these projects, in compliance with the
California Environmental Quality Act and the State Guidelines for the
Implementation of the California Environmental Quality act of 1970. As one action, adopt the amendment to the
Poplar-Cotton Center Community Plan (GPA 07-005) and the Urban Boundaries
Element for the Tipton Urban Improvement Area (GPA 07-003). Direct the Clerk of the Board of Supervisors
to return the Notices of Determination for GPA 07-005 and GPA 07-003 to the
Resource Management Agency for future filing with the County Clerk.
2.
PUBLIC
HEARING: Request from the Resource Management Agency to hold a public
hearing regarding amendment to the Tulare County Zoning Ordinance No. 352 and
Change of Zone No. PZ 07-004 (Applicants Michael G. Brown and Douglas C.
Bartlett - Agent R.L. Schafer & Associates) on a 14.92 acre parcel from
R-A-20 (Rural Residential - 20,000 sq. ft. minimum) and C-3 (Service
Commercial) Zones to R-1 (Single-Family Residential) Zone. The subject site is located on the west side
of Road 192 (Mountain View Road)
and on the east side of the southerly projection of Hale Avenue, approximately 300 feet south
of Maple Street
in Poplar. Certify that the Board has
reviewed and considered the information contained in the Negative Declaration
for the proposed Change of Zone together with any comments received during the
public 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 and
determine that the Negative Declaration reflects the independent judgment of
the County and has been completed in compliance with the California
Environmental Quality Act and the State Guidelines for the Implementation of
the California Environmental Quality Act of 1970, as amended. Adopt the findings for approval of the Change
of Zone, as set forth in Planning Commission Resolution No. 8252. Waive the final reading and adopt an
amendment to Ordinance No. 352 of the Tulare County Ordinance. Direct the Clerk of the Board of Supervisors
to publish the adopted Ordinance and return the signed Notice of Determination
to Resource Management Agency.
3.
1:30
p.m. PUBLIC HEARING: Request from the Resource Management Agency to hold a joint
public hearing with the Tulare County Planning Commission on the General Plan
2030 Update and Draft Environmental Impact Report. Receive public comment regarding the General
Plan 2030 Update Goals and Policies Report and Draft Environmental Impact
Report and continue the public hearing for completion of the Final Environmental
Impact Report and a recommendation from the Planning Commission on the General
Plan 2030 Update Goals and Policies Report.
(Consent Calendar)
CONSENT CALENDAR (Number 4 through 24)
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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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Board of Supervisors
4.
Approve
a donation of $5,000 to the San Joaquin Valley Air Pollution Control District
to support their lawn mower trade-in program.
Approve the necessary budget adjustments. (4/5ths vote)
5.
Reappoint
Patricia A. Colson, Donald K. Brown and Phillip Vandergrift to the Tulare
Public Cemetery District for terms ending at Noon on the first Monday of
January 2012.
6.
Reappoint
Doug Silveria to the Tulare Airport Land Use Commission, Member No. 1 -
Aviation, for a term ending December 31, 2011.
7.
Appointment/Reappointment
terms to the Exeter Public Cemetery District should be staggered as
follows: Appoint Judith Anderson for a
term ending at Noon on the first Monday of January 2010; and Reappoint Curtis
Spott and David Turner for terms ending at Noon on the first Monday of January
2012.
8.
Reappointment
terms to the Lindsay/Strathmore Public Cemetery District should be staggered as
follows: Reappoint Dennis Medders and
Rachel Hill for terms ending at Noon on the first Monday of January 2012; and
Reappoint Jeff Tienken for a term ending at Noon on the first Monday of January
2010.
9.
Reappoint
Raymond Montano and Rose Hachigian to the Alta Cemetery District for terms
ending at Noon on the first Monday of January 2012.
10.
Appoint
Elizabeth Wright, Environmental - Alternate, to the San Joaquin Unified Air
Pollution Control District Citizens Advisory Committee for a term ending
January 31, 2011.
11.
Ratify
the following Proclamations: Honoring
Doris Lowe for her contribution to the Youth of Tulare County; Honoring Frank
Tietjens as the 2007 Visalia YMCA Person of the Year; and Honoring Visalia
Police Department Chief Bob Carden as the 2007 Visalia YMCA Advocate of the
Year.
County Counsel
12.
Request
from Risk Management to adopt the revised Injury Illness Prevention Program.
County Administrative Office
13.
Ratify
actions taken by the County Administrative Officer during the months of
December 2007 and January 2008.
Health & Human Services Agency
14.
Approve
Tulare County Health and Human Services Agency (HHSA), Environmental Health
Services application for the Aboveground Petroleum Storage Act Grant in the
amount of $115,847 for the implementation, enforcement, and administration of
the Aboveground Petroleum Storage Act.
15.
Ratify
and approve an agreement with the California Department of Public Health (CDPH)
in the amount of $323,610, for the Hospital Preparedness Program (HPP) for
reimbursement to local hospitals, health care facilities and providers, public
health care facilities and providers, emergency medical services, and other
disaster preparedness and response agencies for training costs, services,
supplies, and equipment, retroactive to September 1, 2007 through August 8,
2008. Find that the Board had authority to enter into the proposed agreement as
of September 1, 2007 and that it was in the County's best interest to enter
into the agreement on that date.
16.
Ratify
and approve an agreement with the California Department of Public Health (CDPH)
in the amount of $884,105, for the Public Health Emergency Preparedness Program
Agreement for reimbursement to local hospitals, health care facilities and
providers, public health care facilities and providers, emergency medical
services, and other disaster preparedness and response agencies for training
costs, services, supplies and equipment for the purpose of planning and
preparing for Bioterrorism, Pandemic Influenza and other public health threats
and emergencies, retroactive to August 31,2007 through August 9, 2008. Find that the Board had authority to
enter into the proposed agreement as of August 31, 2007 and that it was in the
County's best interest to enter into the agreement on that date.
17.
Ratify
and approve an agreement with the State Department of Mental Health (DMH) to
provide services related to the development, implementation, and performance
reporting of the Mental Health Services Act (MHSA) that support county mental
health programs and monitor progress toward statewide goals for children and youth,
adults, older adults and families in the amount of $11,622,432, retroactive to
July 1, 2004 through June 30, 2008. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2004 and that it was in the County's best interest to enter into the agreement
on that date.
18.
Ratify
and approve the acceptance of $25,000 provided by the Blue Shield of California
Foundation for the "Healthy Kids Moving Ahead" planning grant to be
used for contingency planning due to budget and legislative uncertainties in
health insurance programs for low-income children, retroactive to January 1,
2008 through June 1, 2008. Find that the Board had authority to enter into the
proposed agreement as of January 1, 2008 and that it was in the County's best
interest to enter into the agreement on that date.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE IN-HOME SUPPPORTIVE
SERVICES PUBLIC AUTHORITY
In-Home Supportive Services Public Authority
19.
Ratify
and approve a renewal agreement with Symetra Financial and the Health
Protection Plan and Service Agreement with EBC Mid-America Administrators c/o
Select Benefit Administrators of America for providing group health benefits to
the In-Home Supportive Services providers, retroactive to September 1, 2007
through August 31, 2008. Find that the
Board had authority to enter into the proposed agreement as of September 1,
2007 and that it was in County's best interest to enter into the agreement on
that date.
ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
AND RECONVENE AS THE TULARE COUNTY
BOARD OF SUPERVISORS
Resource Management Agency
20.
Consent
to the City of Visalia's acquisition of property located in Tulare County's
jurisdiction along Riggin Avenue (Avenue 312) from Demaree to 836 feet west of
Demaree, Shannon Parkway (Avenue 314) from Dinuba Boulevard to Court Street,
Dinuba Boulevard (State Highway 63) from Shannon Parkway to 665.75 feet north
of Shannon Parkway, and Cherry Avenue (Avenue 286 alignment) from McAuliff
Street to 1322 feet west of McAuliff Street for maintenance and operation of
City road improvements.
21.
Direct
staff to proceed to file the necessary forms and paperwork to secure federal,
state, and local funding for the replacement/reconstruction and widening of the
Avenue 416 Kings River Bridge. Direct
staff to return to the Board of Supervisors for approval of the appropriate and
necessary agreements with Caltrans and the Tulare County Transportation
Authority for the funding for the project.
Direct staff to issue a Request for Proposal to bridge design
consultants for the design and preparation of construction documents for the
Avenue 416 Kings River Bridge.
22.
Introduce
and waive the first reading of an Uncodified Ordinance to delegate authority to
the Resource Management Agency Director to approve and execute agreements for
purchase of property for Phase 1 of the Road 80 Widening Project.
Retirement
23.
Approve
and adopt the recommended employer and employee retirement contribution rates
from the Tulare County Employees' Retirement Association actuary effective with
the first pay period of Fiscal Year 2008/2009 (pay period 14).
24.
Amend
the Position Allocation Listing to add/delete the following positions: Add:
one (1) Retirement Specialist III and one (1) Senior Account Clerk;
Delete: one (1) Retirement Specialist
II. Adopt the Class Designations and
Specifications effective March 2, 2008 for Retirement Specialist III, Item No.
076630, Salary Grade: 347 ($50,336
annual, Step 5), Bargaining Unit 1, Competitive Service, Probation Period: 13 pay periods.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
25.
Update
on the San Joaquin River Settlement presented by Ron Jacobsma, General Manager,
of the Friant Water Users Authority.
26.
Request
from Health and Human Services Agency to approve and award the Request for
Proposal (RFP) and Contract to Moss Beach Homes, d.b.a. Aspira to provide
Transitional Housing Program Plus services in the amount of $67,907 through
June 30, 2008, to address the needs of a growing yet largely overlooked group
of at-risk youth: those who "age out" from the state's foster care
system.
27.
Presentation
regarding the Resource Management Agency, Solid Waste Division.
28.
Public
Comments.
29.
Board
of Supervisors matters.
(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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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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
The People
of the State of California v. County of Tulare,
County Board of Supervisors; Real Parties in
Interest Sam Etchegaray, Etchegaray Dairies.
Tulare County Superior Court Case Number. 07-223393
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:
Change of
Zone No. PZ 07-004 from RA-20 and C-3 to R-1 (Poplar).
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:
General
Plan Amendments 07-005 to amend the Poplar-Cotton Center Community Plan and
General Plan Amendment 07-003 to amend the Urban Boundaries Element (Tipton).
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
Proposed
General Plan 2030 Update and Draft Environmental Impact Report.
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
No Facts
Known to Plaintiff.
Next Item(s)
Sitting as...
ITEM
F
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
G
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
H
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
I
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
Details
(Government
Code Section 54956.8)
Property: 309
West Main Street, Visalia, California
Agency
Negotiator: Robert Newby and Jean
Rousseau
Negotiating
parties: Harvey May of the Paloma Development Co. and
Cliff Dunbar
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
J
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...
