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


 

November 4, 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. Designate Saturday, November 15, 2008 as National Adoption Day to support the goals and ideals of National Adoption Day, as a collective national effort to raise awareness of the 129,000 children in foster care waiting to find permanent, loving families.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBLIC HEARING: Request from the Resource Management Agency to approve the establishment of four (4) new Agricultural Preserves, subject to any conditions and specifications contained in the attached reports:

PAP 08-001 - Dana A. Eskridge and Jacqueline Eskridge (27.76 acres, east of Porterville; APN 284-470-028)

PAP 08-002 - Alfredo R. Andrade and Maria Andrade (20 acres, south of Kingsburg; APN 028-160-003)

PAP 08-003 - Daniel E. Weisenberger, Janice Weisenberger and S.E.E. of Olive, a limited partnership [1,390 acres, southwest of Springville; APNs 219-010-013, 219-010-014, 219-240-016, 284-080-050, 284-010-019 (portion)]

PAP 08-004 - Kapheim Farms, a general partnership (31.7 acres, southeast of Sultana; APN 021-220-027)

 

3.                  PUBLIC HEARING: Request from the Resource Management Agency to deny an appeal filed by the California Planning & Engineering Corporation for the Gill-Reeves Company for denial of General Plan Amendment No. GPA 08-003 to change the land use designation from "Agricultural" to "Commercial" and Change of Zone No. PZ 08-005 to change the zone from AE-20 (Exclusive Agricultural - 20 acre minimum) to C-2-SC-SR (General Commercial - Scenic Corridor - Site Review Combining), on 14.6 acres located on the northwest corner of Road 162 and Mineral King Avenue, north of Farmersville.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 17)

 

 

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.

 

 

 

Auditor/Controller

4.                  Select the percentage in the jurisdiction's assessed valuation which is attributable to non-residential new construction for the Gann Appropriations Limit calculation for the Fiscal Year 2007-2008 (12.07%).

5.                  Authorize sale at public auction of tax-defaulted properties, subject to the Power of Sale according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code. Authorize that any parcel that does not sell may be re-offered at the end of the auction at a lower minimum bid amount (Section 3698.5 (c) and Section 3692 (e)). Authorize to include a $3,000.00 refundable deposit from bidders during registration.

Board of Supervisors

6.                  Appoint Steven E. Scarbrough to the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2012.

7.                  Appoint Bobby Jackson, David Risenhoover and Danny Bilbrey to the Tipton-Pixley Cemetery District for short-term appointments ending at Noon on January 4, 2010.

8.                  Appoint Steve Whitten, Family Member-Seat 13, to the Mental Health Board for a term ending December 18, 2008.

County Administrative Office

9.                  Approve the Statement on Freedom of Choice document opposing agency shop election. Approve the distribution of Statement on Freedom of Choice document to all employees represented by the Service Employees International Union (SEIU), Local 521.

Health & Human Services Agency

10.             Reaffirm declaration of state of emergency in the Tulare County Drought Resolution No. 2008-0472 adopted June 24, 2008.

11.             Ratify and approve an amendment to Agreement No. 23277 with Kings View Corporations, Inc. d.b.a Kings View Substance Abuse Program-Tulare County, Inc. in the amount of $448,087 for the provision of a methadone maintenance program to all adults who seek services at this facility, consistent with State regulations, 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.

Resource Management Agency

12.             Accept the Mooney Grove Park Irrigation Improvements Project as a completed project. Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion. Direct the Clerk of the Board of Supervisors to record the Notice of Completion with the office of the Tulare County Recorder

13.             Rescind the action of the Board of Supervisors on Resolution 2008-0718 vacating the undeveloped portion of Lilac Lane right-of-way in Wilsonia. Declare its intent to vacate that undeveloped portion of Lilac Lane extending east of Grant Lane adjoining Lots 1 through 5 in the Mesa Addition to Wilsonia, in the County of Tulare, State of California, as per map recorded in Book 17, Page 2 of Maps, Tulare County Records. Set a Public Hearing for December 9, 2008 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the intent to vacate a portion of Lilac Lane. Direct the Resource Management Agency to post and publish the notice of public hearing in accordance with the Streets and Highways Code. Direct the Resource Management Agency to provide mailed notice to all property owners who abut that portion of Lilac Lane proposed for vacation. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor Clerk/Recorder.

14.             Approve the Temporary Water Services Contract with United States Department of Interior, Bureau of Reclamation for Water Services from the Central Valley Project to the Cross Valley Canal. Authorize the Resource Management Agency to do all things necessary and proper to comply with the provisions of the Temporary Water Services Contract.

15.             Approve a Program Supplement to Agreement No. 23634 with the State of California, Department of Transportation, for the Road 80 Construction Project.

16.             Adopt the Resolution requesting a full County payment amount from the reauthorized Secure Rural Schools and Community Self-Determination Act 2000, P.L. 110-343, by designating 8 percent of its Safety Net payments to Title II (Special Projects on Forest Lands) and 7 percent to Title III (County Projects).

Workforce Investment Board

17.             Approve the Tulare County Workforce Investment Act Local Plan Modification for Program Year 2008/2009.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

18.             Request from Resource Management Agency to receive and file the Refuse and Construction Vehicle Impact Analysis Report prepared by HF&H Consultants and provide direction to staff as to how to proceed implementing the findings in the report.

19.             Public Comments.

20.             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 of Planning denial of GPA 08-003 from "Agricultural" to "Commercial" and Change of Zone No. PZ 08-005 from AE-20 to C-2-SC-SR on 14.6 acres north of Farmersville, Gill-Reeves Company - Board of Supervisors Agenda Item - November 4, 2008

Next Item(s) Sitting as...

ITEM B

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 C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: William Keenan v. County of Tulare, et al

Tulare County Superior Court Case Number 07-223395

Next Item(s) Sitting as...

ITEM D

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 E

CONFERNCE 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-559-M

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 - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM H

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...