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


October 7, 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 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)

 

 

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.

 

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)


 

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

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...