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


 

April 15, 2008

 

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)


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

1.                  PUBLIC HEARING: Request from Health and Human Services Agency to consider adopting the proposed fees for the Public Guardian to offset the costs of Representative Payee Services. Approve the collection fees. Recommend and authorize the Public Guardian to implement the increase in fees beginning July 1, 2008.

2.                  PUBLIC HEARING: Request from Health and Human Services Agency to consider adopting fee adjustments for the Environmental Health Services for Fiscal Year 2008/2009. Approve the permanent adjustment/increase in fees. Adopt the fees recommended and authorize Environmental Health Services to implement the increase in fees beginning July 1, 2008.

3.                  PUBLIC HEARING: Request from Resource Management Agency to certify that it 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 that 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 for the Change of Zone, as set forth in Planning Commission Resolution No. 8279. Waive the second reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 07-003 from R-A (Rural Residential) and AE-40 (Exclusive Agricultural-40 acre minimum) to C-3-SR (Service Commercial-Site Plan Review), on a 19.2-acre parcel located on the southeast corner of State Route 99 and Avenue 144 (State Route 190/Poplar Avenue), Tipton. Direct the Clerk of the Board to publish the adopted Ordinance and return the signed Notice of Determination to Resource Management Agency.

4.                  PUBLIC HEARING: Request from the Resource Management Agency to deny an appeal filed by Joel and Francia Macias and uphold the Planning Director's denial of Special Use Permit No. PSP 07-124 (AA) for a second residence on an approximately .55 acre parcel in the AE-40 (Exclusive Agricultural - 40 acre minimum) Zone, on property located at the southeast corner of Road 120 and Avenue 388 in Monson.

 

 

 

 

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 21)

 

 

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.

 

 

 

Auditor-Controller/Treasurer-Tax Collector

5.                  Authorize the Tax Collector to offer for Sale by Agreement on June 13, 2008 the tax defaulted properties, subject to sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

6.                  Approve the Resolution authorizing the Issuance of Tax and Revenue Anticipation Notes for 2008/2009 Fiscal Year.

Board of Supervisors

7.                  Reappoint Fern Haller to the Community Health Center Board for a term ending April 18, 2012.

8.                  Reappoint Jerry Stover and Jack McPhetridge to the Tipton-Pixley Public Cemetery District for terms ending at Noon on January 2, 2012.

9.                  Appoint Kurt Schmidt to the Sequoia Memorial District - Veteran Seat for a term ending December 4, 2009.

10.             Reappoint Edward H. Bosworth, Debra Wood and Floyd Field to the Tulare County Water Works District #1 for terms ending May 1, 2012.

11.             Reappoint John M. Davis to the Community Health Center Board for a term ending April 18, 2012.

12.             Reappoint James Costa and Gregory Dunbar to the Woodville Public Cemetery District for terms ending at Noon on January 4, 2010. Reappoint Mike Rising to the Woodlake Public Cemetery District for a term ending at Noon on January 2, 2012.

County Administrative Office

13.             Ratify actions taken by the County Administrative Officer during the month of March 2008.

District Attorney

14.             Ratify and approve an amendment to Agreement No. 23151 with the Victim Compensation and Government Claims Board to clarify the language in Exhibit A regarding staff time and invoicing, retroactive to July 1, 2007 through June 30, 2009. 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.

Health & Human Services Agency

15.             Ratify and approve the agreement with Marin County to act as the host entity of the Local Government Agency over the Medi-Cal Administrative Activities and Targeted Case Management Trust Fund, to collect the appropriate participation fee for Fiscal Years 2007/2008 and 2008/2009, retroactive to July 1, 2007 through June 30, 2009. 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.

16.             Ratify and approve an agreement with the State of California through the California Department of Public Health, Center for Health Statistics, Office of Vital Records, to provide funds to the County from the State in the amount of $1 for each death certificate entered into the Automated Vital Statistic System (AVSS), 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.

17.             Ratify and approve the acceptance of funds from the Department of Alcohol and Drug Programs, Office of Criminal Justice, for the Comprehensive Drug Court Implementation (CDCI) Notice of Grant Award No. CDCI-07/08-54 Program in the amount of $172,895 to enhance treatment success for the Adult Drug Court participants, retroactive to January 1, 2008 through December 31, 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.

Resource Management Agency

18.             Approve the Lease Agreement between the County of Tulare and Thomas J. O'Sullivan, Deborah L. O'Sullivan, Dale B. Margosian and Caroline Margosian (collectively "Lessor") for office space located at 75 W. Olive in the City of Porterville, which would allow for expansion of work space for Agricultural Commissioner and Resource Management Agency staff.

19.             Approve a development plan outlining the goals, organizational structure and implementation schedule for a Sewer System Management Plan (SSMP) for the Bob Wiley Detention Facility Waste Water Treatment Plant.

Sheriff/Coroner

20.             Accept the continued grant funding from the Governor's Office of Emergency Services for the Residential Substance Abuse Treatment Program in the amount of $26,057. Ratify and approve the Grant Award Face Sheet and the Chairman's signature retroactive to October 1, 2007 through June 30, 2009. Find that the Board had the 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.

Superior Court

21.             Proclaim May 12 - 16, 2008 as Juror Appreciation Week in Tulare County.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

22.             Request from the Board of Supervisors to approve the Community Anti-Gang Mini-Grant Project concept. Allocate $25,000 for funding of five mini-grants in the amount of $5,000 each. Approve the necessary budget adjustments. (4/5ths vote)

23.             Request from Human Resources and Development to endorse a County sponsored Health Fair for all Tulare County employees. Authorize employees who are working during the Fair's hours to attend on County time, subject to coordination and approval of their department to assure that services continue to be provided. Authorize the expenditure from the event budget funds to provide healthful snacks and refreshments.

24.             Public Comments.

25.             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

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 1

Proposed Change of Zone Number PZ 07-003 to C-3 Zone, to allow for development of convenience store, restaurant and gas station/truck stop in Tipton, CA (Santokh S. Toor). (Board of Supervisors April 15, 2008 Agenda Item)

 

 

 

 

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases:

Appeal filed by Joel and Francia Macias of Planning Director's denial regarding Special Use Permit 07-124 for a second residence on property located in the southeast corner of Road 120 and Avenue 388 in Monson

Next Item(s) Sitting as...

ITEM C

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 D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXITING LITIGATION

Details

[Government Code Section 54956.9(a)]

Allensworth Community Council, et al. v. County of Tulare, et al;

Real Parties in Interest Sam Etchegaray, Etchegaray Dairies;

Superior Court for the County of Tulare Case No. 07-223479

Next Item(s) Sitting as...

ITEM F

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...