(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)
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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
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)
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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
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...
