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

 

September 9, 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)

 

 

1.                  9:00 a.m. Presentation on emerging issues in the Sequoia National Forest and Giant Sequoia National Monument.

2.                  9:00 a.m. Presentation and request from Health and Human Services Agency to proclaim September 7th through 13th as Suicide Prevention Week in Tulare County.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the Resource Management Agency for General Plan Amendment No. GPA 07-004 to amend the Pixley Community Plan to change the land use designation from "Commercial" to "Low Density Residential" on an 8.55 acre portion of a 47.79 acre site located approximately 630 feet north of Compton Avenue, between Airport Street (Road 120) and Ash Street, in Pixley and for General Plan Amendment No. GPA 07-008 to amend the Porterville Area Land Use Plan to change the land use designation from "Residential - Rural 5 Acre Minimum" to "Industrial" on a 2.16 acre portion of a 10.52 acre site located at 81 East Gibbons Avenue, at the southeast corner of South Main Street (D238) and Gibbons Avenue (Avenue 138), south of Porterville, and to amend Urban Boundaries Element and expand the Porterville Urban Development Boundary to include the four acre subject site between Gibbons Avenue and the Campbell Moreland Ditch. Find that said General Plan Amendments will not have a significant effect on the environment and certify the Categorical Exemption for GPA 07-004 and the Negative Declaration prepared for GPA 07-008, 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. As one action, adopt the amendment to the Pixley Community Plan (GPA 07-004), the amendment to the Porterville Area Land Use Plan and the amendment to the Urban Boundaries Element (GPA 07-008). Direct the Clerk of the Board of Supervisors to return the Notice of Determination for GPA 07-008 to the Resource Management Agency for future filing with the County Clerk.

4.                  PUBLIC HEARING: Request from Resource Management Agency regarding an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 08-007, from C-2-SR (General Commercial - Site Review Combining) to R-1 (Single Family Residential), on an 8.55-acre portion of a 47.79-acre parcel, located approximately 630 feet north of Compton Avenue, between Airport Street (Road 120) and Ash Street, in the Community of Pixley. Certify that the Board has considered the staff recommendation for a categorical exemption for Change of Zone No. PZ 08-007 in compliance with the California Environmental Quality Act of 1970, prior to taking action on the Change of Zone. Find there is not substantial evidence that said Change of Zone will have a significant effect on the environment and determine that the Categorical Exemption reflects the independent judgment of the County 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. 8360. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance.


5.                  PUBLIC HEARING: Request from Resource Management Agency regarding an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 07-013, from R-A-217 (Rural Residential-217,000 sq. ft. minimum) to M-1-SR (Light Manufacturing-Site Review Combining), on 2.16 acres of a 10.52-acre site, located at 81 East Gibbons Avenue, at the southeast corner of South Main Street and Gibbons Avenue (Avenue 138), south of Porterville. 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 not 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. 8340. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to the Resource Management Agency.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 29)

 

 

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/Tax Collector/Registrar of Voters

6.                  Waive the second reading and adopt the ordinance amending sections 1-05-1350, 1-05-1355, 1-05-1360, 1-05-1365, 1-05-1375, 1-05-1380, 1-05-1385, 1-05-1410, 1-05-1420, 1-05-1425, 1-05-1430, 1-05-1435, 1-05-1440, 1-05-1445, and 1-05-1450 of Part I, Chapter 5, Article 11 of the Tulare County Ordinance Code, pertaining to the addition of an exemption for government personnel on official business, clarifying the recordkeeping responsibilities of operators, revising enforcement and collection process, authorizing subpoena of records, clarifying the deficiency determination process, and broadening misdemeanor liability. Direct the Clerk of the Board to publish a copy of the ordinance as prescribed by law.


7.                  Request from Registrar of Voters to consolidate the District and Municipal Elections, listed in Appendix A, with the General Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, November 4, 2008. Authorize the election official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Special District and Municipal Elections. Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in section 10400 and following of the Elections Code. Agree that each individual District shall pay for the Candidate's Statement, unless otherwise indicated in that District's resolution calling for consolidation, or as modified pursuant to law. Agree that each individual District shall reimburse the county in full for the services performed in connection with these elections, upon presentation of a bill from the election official to the District. Agree that the election official will prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election. Agree that the elections included in Appendix A are to be consolidated as set forth above.

Board of Supervisors

8.                  Adopt a resolution urging the Federal government to take the necessary steps to reduce the risk of catastrophic wildfires in our National Parks and National Forests.

County Counsel

9.                  Waive the second reading and adopt an ordinance amending Sections 1-03-1170, 1-03-1180, 1-03-1185, 1-03-1195, 1-03-1215, and 1-03-1225 of Article 5 of Chapter 3 of Part 1 of the Ordinance Code, pertaining to the Assessment Appeals Board. Direct the Clerk of the Board to publish and post a summary of the ordinance as required by law.

Health & Human Services Agency

10.             Reaffirm declaration of state of emergency in the Tulare County Drought Resolution No. 2008-0472 adopted June 24, 2008.

11.             Ratify and approve an amendment to Agreement No. 21903 with Unilab Corporation d.b.a. Quest Diagnostics, Inc. to extend the term of the agreement to June 30, 2009 and reference to Quest Diagnostics, Inc. is changed to Unilab Corporation d.b.a. Quest Diagnostics, Inc. to provide nonexclusive clinical laboratory testing services for the primary care clinics of Tulare County, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

12.             Ratify and approve an amendment to Agreement No. 21969 with the State Department of Mental Health for the Managed Care Program to add the Fiscal Year 2007/2008 allocation to the agreement, retroactive to July 1, 2006 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2006 and that it was in the County's best interest to enter into the agreement on that date.


13.             Ratify and approve an amendment to Agreement No. 21259 with Braswell Enterprises, Inc. d.b.a. Sierra Vista Rehabilitation Center in the amount of $230,000, to provide a mental health rehabilitation program to Tulare County residents, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

14.             Ratify and approve an agreement with First 5 Tulare County for the Medically Vulnerable Infant Program that enhances the frequency and duration of professional nurse home visit services provided to infants and toddlers (ages 0-3) born with medical complications that require hospitalization and long-term home recovery, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

15.             Approve the named facilities designated by the County and approved by the State Department of Mental Health for 72-hour treatment and evaluation. Approve the named classes of persons who may, upon probable cause, take, or cause to be taken, mentally disordered persons described in California W&I Code Section 5150 into custody and place them into a facility described in paragraph 1, for 72-hour treatment and evaluation. Approve the designations under this Resolution effective through June 30, 2009. All previous designations are hereby revoked. Authorize and direct the Clerk of the Board to send certified copies of this Resolution to the Director of each Authorized Facility, the Director of Turning Point of Central California, and the Director of Tulare Youth Services Bureau.

16.             Ratify and approve an agreement with Porterville Halfway House d.b.a. The PAAR Center to receive public health nursing services with regard to Tuberculosis testing and readings from Tulare County Health and Human Services Agency, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 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 Sundale Union Elementary School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

18.             Ratify and approve an agreement with Pleasant View Elementary School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.


19.             Ratify and approve an agreement with Woodlake Union High School for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

20.             Ratify and approve an agreement with Woodlake Union Elementary School for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

21.             Ratify and approve an agreement with Visalia Unified School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

22.             Ratify and approve an agreement with Dinuba Unified School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

23.             Ratify and approve an agreement with Golden State YMCA for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

24.             Ratify and approve the Memorandum of Understanding between the County of Tulare and the Tulare County Professional Firefighter's Association (Bargaining Unit #23), retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

Probation

25.             Ratify and approve an amendment to Agreement No. 21718 with Burton School District to provide the services of a Probation Officer for the continued operation of the Thunderbolt Delinquency Prevention Program retroactive to July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

26.             Approve Agreements for the purchase of Conservation Credits for the Road 80 Widening Project from Wildlands, Inc. Approve the Agreement with Wildlands, Inc. to purchase 23 San Joaquin kit fox conservation credits at the Allensworth Conservation Bank from Wildlands, Inc. for $138,000. Approve the Agreement with Wildlands, Inc. to purchase 7.65 California tiger salamander upland credits and 0.76 vernal pool preservation credits at the Sand Creek Conservation Bank from Wildlands, Inc. for $167,950.

27.             Approve a Memorandum of Agreement between the California Department of Transportation and the California State Historic Preservation Officer regarding the Mountain View Avenue/Avenue 416/El Monte Way Widening Project from Bethel Avenue in Fresno County to Road 92 in Tulare County. Authorize the Director of the Resource Management Agency to sign as a concurring party.

28.             Declare intent to vacate that undeveloped portion of Lilac Lane extending east of Grant Lane adjoining Lots 1 through 5 in the Mesa Addition to Wilsonia, in the County of Tulare, State of California, as per map recorded in Book 17, Page 2 of Maps, Tulare County Records. Set a public hearing for September 30, 2008 at 9:30 A.M. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the intent to vacate a portion of Lilac Lane. Direct the Resource Management Agency to publish the notice of public hearing in accordance with the Streets and Highways Code.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

29.             Approve and award the contract for construction of the Richgrove Street Improvements to the lowest responsive and responsible bidder, Construction Development Systems of Fresno, California in the amount of $2,437,095. Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractor's License. Allow funds for contingencies in the amount of 10% of the contract amount, or $243,710 to cover unexpected construction conditions.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

30.             Request from County Administrative Office to consider, modify as needed, and approve the responses to the Tulare County Grand Jury 2007/2008 Reports and authorize the Chairman to sign for the following reports: Agricultural Zoning Violation; Illegal Dumping; Tulare County Solid Waste Recycling and Addendum; Land Splits in Tulare County; Teviston Community Service District; Tulare County Detentions Facilities; and Tulare County Probation Youth Facility.


31.             Request from Resource Management Agency to uphold the appeal filed by Rodney and Nancy Goertzen, Don and Carol Serpa, Baltazar and Beverly Burgos, Larry and Janet McLaughlin, Ken and Hazel Bancroft, Ron and Charlotte Couillard, Michael Estrada, John and Barbara Hull and Don Nepinsky, of Zoning Administrator Decision No. 2925; thereby denying a modified Special Use Permit PSP 07-153 (ZA) application for a third residence on the property located at 33003 Road 132 on the east side of Road 132, approximately 0.25 miles north of Avenue 328, north of the City of Visalia. Adopt the findings in support of upholding the appeal. Direct the applicants, Jerry and Alma Montemayor, to remove the third residence within 90 days of this action.

32.             Public Comments.

33.             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: 2

Public Hearing for General Plan Amendment No. GPA 07-004 (Pixley, Eagle Meadows Development, Inc.) to amend Pixley Community Plan changing land use designation from "Commercial" to "Low Density Residential;" and General Plan Amendment No. GPA 07-008 (Porterville, Steven Penn) to amend Porterville Area Land Use Plan changing land use designation from "Residential - Rural 5-acre Minimum" to "Industrial," amending Urban Boundaries Element and expanding Porterville Urban Development Boundary.

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: 1

Public Hearing to amend Zoning Ordinance for Change of Zone No. PZ 08-007 from C-2-SR (General Commercial - Site Review Combining) to R-1 (Single Family Residential) in Pixley (Eagle Meadows Development, Inc.). Board of Supervisors Agenda Item, September 9, 2008.

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Public Hearing to amend Zoning Ordinance for Change of Zone No. PZ 07-013 from R-A-217 (Rural Residential - 217,000 sq. ft. minimum) to M-1-SR (Light Manufacturing-Site Review Combining) in Porterville (Steven Penn). Board of Supervisors Agenda Item, September 9, 2008.

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

Adopt Findings to Uphold Appeal of Zoning Administrator Decision No. 2925, thereby Denying a Modified Special Use Permit No. PSP-07-153. Montemayor/Road 132, North of Visalia. Board of Supervisors Agenda Item, September 9, 2008.

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Bobbie Garcia, on behalf of Joseph Luis Garcia v. County of Tulare

United States District Court, Eastern District of California Case Number 1:07-CV-01593-OWW-DLB

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Stanleigh Gean Megargee, et al v. Bill Wittman, et al

United States District Court, Eastern District of California Case Number 1:06-CV-00684-A-WI-LJO

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Mary Stewart v. County of Tulare

Workers' Compensation Appeals Board Case Numbers FRE 0236636 and FRE 0231861

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: William Keenan v. County of Tulare

Tulare County Superior Court Case Number 07-223395

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Trinidad Gomez v. Swanson

United States District Court, Eastern District of California Case Number 1:06-CV-1303-AWI-DLB (PC)

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM K

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 L

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: In re: Discipline Appeal of Anthony Rodriguez

Office of Administrative Hearing Case Number 2008040607

Next Item(s) Sitting as...

ITEM M

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...