(Public Comment Period)
1.
9:00
a.m. Presentation given by Superior Court Judge Glade Roper opposing
Proposition 5 on the November 4, 2008 ballot.
Approve a letter of opposition to Proposition 5 from the Tulare County
Board of Supervisors.
2.
9:00
a.m. Proclamation declaring October as Domestic Violence Awareness Month.
3.
9:00
a.m. Presentation of proclamation commemorating the Centennial of the founding
of Allensworth to Victor Carter, statewide president of the Friends of
Allensworth, and Visalia author and historian Alice Royal, descendant of a
pioneer Allensworth family.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from Resource Management
Agency to deny the appeal filed by Destiny Marquez (Pearson Ranch) regarding
Violation No. V703-005 located at 1018 Teapot Dome, Porterville for fees and fines in the amount
of $4,050 plus interest and uphold the fees and fines imposed by the Decision
of the Administration Hearing Officer for the Resource Management Agency.
5.
PUBLIC
HEARING: Request from Resource Management Agency to deny the request
by Joe Nunes to have the double permit fees for Special Use Permit PSP 08-067
application in the amount of $3,486 reduced to the single fee of $1,743 for
property located at 107 Airport Road, Pixley.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 21)
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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
6.
Appoint
Donnie Griffin as the Health and Human Services Agency Director designee to the
In-Home Supportive Services Advisory Committee.
7.
Reappoint
Joaquin Parsons and Philip Larson to the Porterville Public Cemetery District
for terms ending noon, January 2, 2012.
Reappoint Darrell Taylor to the Porterville Public Cemetery for a term
ending noon, January 3, 2010.
District Attorney
8.
Authorize
acceptance of continued grant funding from the Office of Emergency Services for
the Vertical Block Grant Program in the amount of $444,972 for Fiscal Year
2008/2009. Ratify and approve the Grant
Award Face Sheet, 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. Find that the grant funds received hereunder
shall not be used to supplant expenditures controlled by this body.
9.
Authorize
acceptance of continued grant funding from the U.S. Department of Justice,
Bureau of Justice Assistance for the Agricultural Crime, Technology,
Information, and Operations Network (ACTION) Project in the amount of $335,381,
retroactive to September 1, 2008 through August 31, 2010. Approve the Grant Award Agreement and ratify
the District Attorney's signature, retroactive to September 1, 2008 through
August 31, 2010. Find that the Board had
authority to enter into the proposed agreement as of September 1, 2008, and
that it was in the County's best interest to enter into the agreement on that
date.
10.
Authorize
acceptance of continued grant funding from the State of California, Department
of Justice, Attorney General's Privacy and Piracy Fund in the amount of $26,747
for Fiscal Year 2008/2009, retroactive to July 1, 2008 through June 30,
2009. Ratify and approve the Grant Award
Agreement and District Attorney Phil Cline's signature, 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. Approve the necessary
budget adjustments. (4/5ths vote)
11.
Authorize
acceptance of continued grant funding from the Office of Emergency Services for
the Violence Against Women Vertical Prosecution Program in the amount of
$105,000 with a County match of $35,000 for a total of $140,000, retroactive to
July 1, 2008 through June 30, 2009.
Approve the Grant Award Agreement and ratify the Chairman's signature,
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. Certify that the grant funds received
hereunder shall not be used to supplant expenditures controlled by this body.
12.
Authorize
acceptance of continued grant funding from the California Department of
Insurance for the Life and Annuity Consumer Protection Program in the amount of
$50,000 for Fiscal Year 2008/2009, retroactive to July 1, 2008 through June 30,
2009. Ratify and approve the Grant Award
Agreement and District Attorney Phil Cline's signature, 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. Find that the grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
Approve the necessary budget adjustments. (4/5ths vote)
Fire Department
13.
Ratify
and approve the Cooperative Fire Protection Agreement with the City of Lindsay,
retroactive to July 1, 2007 until terminated by either party. 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
14.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
15.
Ratify
and approve an agreement with Tulare Joint Union High 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.
16.
Ratify
and approve an agreement with Foodlink for Tulare County 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.
Resource Management Agency
17.
Allow
the simulation of an anvil salute using blank ammunition at the conclusion of
the Butterfield Overland Stage event on October 11, 2008 at Mooney Grove Park
hosted by the Tulare County Historical Society.
18.
Introduce
and waive the first reading of an amendment to Ordinance No. 352 of the Tulare
County Zoning Ordinance for Change of Zone No. PZ 01-005, from the AE-20
(Exclusive Agricultural - 20 acre minimum) Zone to M-1-SR (Light Manufacturing
- Site Review Combining) Zone on 8± acres, and to M-2 (Heavy Manufacturing)
Zone on 2± acres, totaling 10 ± acres of a 17± acre site. The site is located
on both sides of Avenue 152 and east of Road 192 in Cotton Center. Set a Public Hearing for October 21, 2008 at
9:30 a.m.
19.
Ratify
and approve the 2008/2009 Transit Agreement with the City of Woodlake to
provide transit service for County of Tulare residents, 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.
Sheriff/Coroner
20.
Accept
grant funding from the Governor's Office of Emergency Services in the amount of
$575,100 to operate the Tulare County Sexual Assault Felony Enforcement Program
for Fiscal Year 2008/2009.
21.
Approve
agreements with Kern County Sheriff's Department, Madera County Sheriff's
Department, Merced County Sheriff's Department and Mariposa County Sheriff's
Department for the Region V Anti-Gang Intelligence-Led Policing Program.
(Items
Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
22.
Request
from District Attorney for authorization to increase the number of positions
dedicated to Forensic Mental Health Cases to include a Prosecution Assistant
and a Legal Office Assistant III.
Approve the necessary budget adjustments. (4/5ths vote)
23.
Request
from Health and Human Services Agency to cancel Tulare County Agreement No.
18001 with the City of Tulare for emergency medical services. Authorize the Chairman of the Board to cancel
the listed Ambulance Service Agreements and sign Ambulance Service Agreements
with the providers listed or Authorize the Central California Emergency Medical
Services Agency to draft and release through the Tulare County Purchasing Agent
a Request for Proposal to provide emergency medical services throughout Tulare
County except in the zones listed.
24.
Request
from Resource Management Agency to allow the applicant Egnater/Corporation for
Better Housing to proceed with an application for a General Plan Amendment (GPI
08-002) to change the land use designation of approximately 4.57 acres from
Commercial to High Density Residential and rezone from General Commercial/Site
Plan Review (C-2-SR) to High Density Residential (R-3) located in the community
of Ivanhoe on the southwest corner of Road 160 (State Highway 216) and Avenue
327.
25.
Public
Comments.
26.
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: 1
Appeal by
Destiny Marquez (Pearson Ranch) for Administrative Hearing Decision on
Violation No. V703-005. 1018 Teapot
Dome, Porterville. Board of Supervisors Agenda Item and Public
Hearing, October 7, 2008.
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
Appeal by
Joe Nunes regarding Special Use Permit No. PSP 08-067, Administrative Hearing
Decision on Violation No. V306-020, fees and fines. 107
Airport Road, Pixley. Board of Supervisors Agenda Item and Public
Hearing, October 7, 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: 8
Request by
Health and Human Services Agency to cancel ambulance service agreements and
sign ambulance service provider agreements or authorize the Central California
Emergency Services Agency to issue through the Tulare County Purchasing Agent a
request for proposals to provide Emergency Medical Services. Board of Supervisors Agenda Item, October 7,
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
Adoption
of new regulations by amendment to the Tulare County Business License Ordinance
Code provisions.
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Megargee, Stanley et al v. County of Tulare, et al
United
States District Court Case Number 1:06-CV-00684-AWI-LJO
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...
