(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)
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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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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)
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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
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...
