(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)
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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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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)
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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 - 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...
