(Public Comment Period)
1.
9:00
a.m. Rename the Tulare County Juvenile Justice Center and the Tulare County
Juvenile Detention Facility to the William Silveira Jr. Juvenile Justice
Center.
2.
9:00
a.m. Presentation given by the National Parks' Conservation Association to
approve a resolution supporting the National Parks' Centennial Initiative.
3.
5:00
p.m. Grand Opening Ceremony for the Tulare County Library, Visalia Branch,
Children's Library and Expansion Project, 200 W. Oak Street, Visalia.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from County Administrative Office to certify that
your Board has reviewed and considered the information contained in the
Negative Declaration prepared for the History of Farm Labor and Agriculture
Museum Project. Find that said project
will not have a significant effect on the environment. Direct the Clerk of the Board to file the
Notice of Negative Declaration with the Clerk/Recorder. Approve the bid documents for the project and
authorize the advertisement of bids. Set
the bid opening date for 2:00 p.m. on Tuesday, December 2, 2008.
5.
PUBLIC
HEARING: Request from Resource Management Agency to certify that it
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 no
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
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 8365. Waive the final reading and adopt an amendment
to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone
No. PZ 06-003, from the C-3 (Service Commercial) Zone and the AE-20 (Exclusive
Agricultural-20 acre minimum) Zone to the M-1-SR (Light Manufacturing-Site Plan
Review) Zone, on a 28.86-acre site, located on the northeast corner of Road 152
and County Line Road, north of the City of Delano.
6.
PUBLIC
HEARING: Request from Resource Management Agency to certify that it
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 no
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
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 8365. Waive the final reading and adopt an
amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change
of Zone No. PZ 08-003, from AE-20 (Exclusive Agricultural-20 acre minimum) to
C-3-SR (Service Commercial-Site Plan Review), on a 1.38 acre parcel, located on
the north side of Avenue 416 (El Monte Way), 175 feet east of Road 100, in
Sultana.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 26)
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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
7.
Ratify
the following Proclamations: Honoring
the Porterville Public Library on its 100th Anniversary; Honoring Davita Inc.
for bringing the 2008 Kat Walk to Tulare County; and Honoring the Grand
Operning of the Chapman University College Visalia Campus.
8.
Reappoint
Rex Clark to the Fish and Game Commission for a term ending September 4, 2010.
9.
Reappoint
George Clausen to the Woodlake Public Cemetery District for a term ending Noon
on January 2, 2012.
10.
Appoint
Tom Cemo to the Southern Tulare County Citrus Pest Control District for a term
ending July 6, 2012.
County Administrative Office
11.
Approve
a loan agreement with Tulare County Historical Society in the amount of
$1,451,870 for the History of Farm Labor and Agriculture Museum.
12.
Ratify
and approve an amendment to Agreement No. 21795 with the Office of Library
Construction for the Visalia Library Expansion and Renovation Project to extend
the term of agreement to allow for grant close-out procedures. Find that the Board had authority to enter
into the proposed agreement as of October 21, 2008 and that it was in the
County's best interest to enter into the agreement on that date.
District Attorney
13.
Accept
continued grant funding from the Governor's Office of Emergency Services for
the Central Valley Rural Crime Prevention Program in the amount of $616,783 for
Fiscal Year 2008/2009. Ratify and
approve the Grant Award Fact Sheet and the Chairman's signature, retroactive to
July 1, 2008 through June 30, 2009. Find
that the Board had authority to enter in the proposed agreement as of July 1,
2008 and that it was in the County's best interest to enter in the agreement on
that date. Certify that the grant funds
received hereunder shall not be used to supplant expenditures controlled by
this body.
14.
Ratify
and approve an amendment to Agreement No. 23220 with Visalia Police Department
in the amount of $87,917 for one Prosecutor Assistant and one Investigative
Technician for the District Attorney's Office stationed at the Visalia Police
Department, 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)
Health & Human Services Agency
15.
Ratify
and approve an agreement with the California Department of Public Health,
Childhood Lead Poisoning Prevention Branch in the amount of $815,498 to provide
services for children at risk or poisoned by lead exposure as well as education
to the communities, families, and health care providers, retroactive to July 1,
2008 through June 30, 2011. 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 the California Department of Public Health,
Immunization Branch in the amount of $85,000 to develop and implement local
and/or regional automated immunization information and reminder systems,
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 the thirty-six (36) month lease agreement with Union Bank of
California, N.A. for the Millenium III Sedecal X-Ray equipment that will allow
us to bring the HHSA Radiology Department into the forefront of technology,
retroactive to July 21, 2008. Find that the Board had authority to enter into
the proposed agreement as of July 21, 2008 and that it was in the County's best
interest to enter into the agreement on that date.
18.
Ratify
and approve the amendments to the associated Memorandums of Understanding with
the Department of Health Services, Office of AIDS, for the HIV/AIDS Master
Agreement No. 23265 to provide HIV/AIDS related programs and services such as
HIV Prevention, HIV Counseling and Testing, HIV/AIDS Surveillance, Early
Intervention, and AIDS Case Management, retroactive to July 1, 2007 through
June 30, 2010. Find that the Board had authority to enter into the proposed
agreement and associated Memorandums of Understanding as of July 1, 2007 and
that it was in the County's best interest to enter into the agreement on that
date.
Human Resources & Development
19.
Ratify
and approve the Memorandum of Understanding with the United Automobile,
Agricultural, and Aerospace Workers Union (Unit #2), 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
20.
Approve
an agreement with BI Incorporated to lease with option to buy electronic monitoring
equipment to conduct electronic monitoring services on adult and juvenile
offenders for the period of October 28, 2008 through June 30, 2011.
Resource Management Agency
21.
Authorize
a restricted parking zone for commercial vehicles, in accordance with the
California Vehicle Code, Section 22507, and approve the posting of parking
restriction signs on the west side of Newcomb Street from Olive Avenue to Roby
Avenue in Porterville.
22.
Approve
an agreement for Design, Alteration, and Lease of Premises at 1845 N. Dinuba
Blvd. in Visalia with the Joe and Cora Gong Family Limited Partnership and
Tommy Quock Gong and Sarah Joy Lau-Gong, Trustees of the Gong Family Trust.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
23.
Approve
the Joint Funding Agreement with the U.S. Geological Survey, United States
Department of the Interior for Water Resources Investigations during the period
November 1, 2008 to October 31, 2009.
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
24.
Approve
an Operational Agreement with the Kings County Sheriff's Department for the
Region V Anti-Gang Intelligence-Led Policing Program.
25.
Accept
a grant award in the amount of $52,959 from the U.S. Department of Justice
under the Fiscal Year 2008/2009 Edward Byrne Memorial Justice Assistance
Program to support a broad range of activities to prevent and control crime
based on their own local needs and conditions, retroactive to October 1, 2007
through September 30, 2011. Ratify the
Chairman's signature on the Grant Award Agreement. Find that the Board had authority to enter
into the Grant Award Agreement on October 1, 2007, and that it was in the best
interest of the County to enter into the Agreement on that date.
Superior Court
26.
Approve
proclaiming Court Adoption and Permanency Month from November 1-30, 2008 in
Tulare County.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
27.
Public
Comments.
28.
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 - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(a)]
Name of
Case: City of Dinuba and City of Dinuba
Redevelopment Agency v. Tulare County, Tulare County Board of Supervisors,
Jimmy Allen, Gregory Hardcastle, Fresno County Superior Court Case Number
08-CECG00938
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 for Change of Zone No. PZ 06-003 from C-3 and AE-20 Zones to M-1-SR
Zone on 28.86 acre site. Delano, B&J
Lands. Board of Supervisors Agenda Item, October 28,
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: 1
Public
Hearing for Change of Zone No. PZ 08-003 from AE-20 to C-3-SR on a 1.38 acre
parcel, Sultana, Galaviz. Board of
Supervisors Agenda Item, October 28, 2008.
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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: County of Tulare
v. Judicial Council of California, et al
Sacramento Superior Court Case Number 07AS00376
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of Case: Service Employees International Union Local
521 v. County of Tulare
Public Employee
Relations Board Unfair Practice Charge Number
SA-CE-
566-M
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: County of Tulare v. Service Employees
International Union Local 521
Public Employee Relations Board Unfair Practice
Charge Number
Unassigned, Date Filed October 22, 2008
Next Item(s)
Sitting as...
ITEM
H
CONSIDER PUBLIC
EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:
Details
(Government
Code Section 54957.6)
County
Administrative Officer
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley, Jean M. Rousseau
Employee
Organization: All Certified Employee Organizations
Unrepresented
Employees: All Unrepresented Employees except Elected
Next Item(s)
Sitting as...
