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 21, 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.                  Present Proclamation Honoring Foodlink for Tulare County on its 30th Anniversary.

2.                  Present Proclamation Declaring October 21, 2008 as Disability Awareness Day in Tulare County.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Fire Department to confirm the accounting as modified for Fire Hazard Abatement Cost Recovery. Order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

4.                  PUBLIC HEARING: Request from Resource Management Agency to certify that it has reviewed and considered the information contained in the Addendum to the 1996 Environmental Impact Report prepared for the Poplar Cotton Center Community Plan, which was prepared 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 no substantial evidence that said Change of Zone will have a significant effect on the environment and determine that the Addendum to the previous Environmental Impact Report 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 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.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 18)

 

 

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

5.                  Appoint Mae Brixey to the Tulare County Mental Health Board as Member At-Large, Seat 4 for a term ending December 31, 2009.


6.                  Ratify the following Proclamations: Honoring and Remembering Max Corbett for more than three decades dedicated to serving the Youth of Tulare County; Honoring Sister Kay O'Brien upon her Retirement from St. Aloysius Parochial School; Honoring Joy Soares for her Efforts in Education; Honoring Janet Kelly for her Efforts in Education; Honoring Jim Lloyd for his Efforts in Education; Honoring Howard Berger as Tulare County Office of Education's Administrator/Manager of the Year; Honoring Rebecca Bullick as Tulare County's Office of Education's Teacher of the Year; and Honoring Jennifer Daniels as Tulare County Office of Education's School Employee of the Year.

Health & Human Services Agency

7.                  Reaffirm Declaration of State of Emergency in the Tulare County Drought Resolution No. 2008-0472 adopted June 24, 2008.

8.                  Authorize the Tulare County Purchasing Agent to approve Professional Service Agreements for Differential Response Services under the Promoting Safe and Stable Families Program.

9.                  Ratify and approve an amendment to Agreement No. 23254 with Plumlee's Board and Care in the amount of $425,000 to provide basic living and care services to the mentally disabled, 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.

10.             Ratify and approve an agreement with Arieh R. Whisenhunt, M.D. in the amount of $200,000 to provide telepsychiatry services, 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

11.             Approve an agreement with the City of Woodlake for services to provide work crew services through the Probation Department Juvenile Work Program for the period of October 21, 2008 through June 30, 2009.

Resource Management Agency

12.             Ratify and approve an amendment to Agreement No. 18668 with the Woodlake Lions Club for lease of property located at 179 N. Magnolia, Woodlake to be utilized for the Kings/Tulare Area Agency on Aging Senior Nutrition Program, retroactive to July 1, 2008. 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 and; Authorize the Chairman of the Board to sign the Amendment to Agreement

13.             Ratify and approve an amendment to Lease Agreement No. 22685 with Hyde Children Family Partnership II and David G. Hyde and Shelley Hyde, dba D&S Rentals for office space located at 3500 W. Mineral King, Suite C, Visalia, retroactive from June 1, 2008 through May 31, 2009. Find that the Board had authority to enter into the proposed agreement as of June 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 amendment to Agreement No. 21803 with the Secretary of the Army for the United States Department of the Army for continued use of office and storage space at Terminus Dam Lake Kaweah, retroactive to July 31, 2008 through July 31, 2013. Find that the Board had the authority to enter into the proposed agreement as of July 31, 2008, and that it was in the County's best interest to enter into the Agreement on that date.

15.             Ratify and approve the 2008/2009 Transit Agreement with the City of Tulare to provide transit service to County residents in the Tulare Service Area, 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.

16.             Approve the replacement of two (2) failed hot water heaters at the Adult Pre-Trial Facility, located at 36650 Road 112 in Visalia, through a Job Order Contract project in the amount of $165,493.45. Authorize the Purchasing Agent to execute all necessary documents.

17.             Approve the Job Order Contracting bid documents including the contract General Conditions, Technical Specifications and the Construction Task Catalog. Authorize the advertisement for bids for Job Order Contracting construction services. Establish the bid opening for the contract at 2:00 p.m. on November 25, 2008.

18.             Certify that the Final Environmental Impact Report for the Mountain View Avenue/Avenue 416/El Monte Way Widening Project complies with the California Environmental Quality Act (CEQA) and the Guidelines for the implementation of CEQA. Find that the project is described in the Final Environmental Impact Report. Find that Alternative 1 is the environmentally superior alternative as well as the preferred alternative. Find that significant impacts could result from the project, but are mitigated to a level that is less than significant by project features or deliberate mitigation measures. Find that the project will result in impacts related to noise and cultural resources which are significant and unavoidable. Adopt the Statement of Overriding Considerations that economic and other considerations require approval of the project despite these significant and unavoidable impacts. Approve and adopt the Mitigation Monitoring Program.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

19.             Request from Resource Management Agency to consider future participation in the Building Equity and Growth in Neighborhoods (BEGIN) Program. Review and identify any regulatory relief and related funding, if any, to be provided by the County. Review and identify the source of funds to pay for grant administration, loan packaging fees and costs associated with long-term loan servicing. Direct staff whether or not to participate in the BEGIN Program.

20.             Public Comments.

21.             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

Change of Zone No. PZ 01-005 and certify Addendum to the 1996 Environmental Impact Report for the Poplar Cotton Center Community Plan. Tharp, Cotton Center. Board of Supervisors Agenda Item, October 21, 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: 4

Proposed Tulare County General Plan 2030 Update and Draft Environmental Impact Report.

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: 4

Yokohl Ranch Planned Community: Application for a General Plan Amendment by the J. G. Boswell Company, doing business as the Yokohl Ranch Company, LLC (Board of Supervisors Resolution No. 2006-0089).

Next Item(s) Sitting as...

ITEM D

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 E

CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION

Details

[Government Code Section 54956.9(c)]

Number of Potential Cases: 2

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...