MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

VACANT

District Two

 

PHILLIP A. COX - Chairman

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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

December 16, 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 with a total of fifteen (15) minutes allotted for the Public Comment Period. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  Recognize the Tulare County Sheriff's Department for its Marijuana Eradication Efforts.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to review and receive public comment on the Neighborhood Stabilization Program which provides funding to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned residential properties.

5.                  PUBLIC HEARING: Request from Resource Management Agency to certify that the Board of Supervisors has reviewed and considered the information contained in the prior Negative Declaration that was prepared for Special Use Permit No. PSP 07-070 and certified on February 27, 2008, Planning Commission Resolution No. 8318, together with any comments received during the public review process, in compliance with the California Environmental Quality Act of 1970, prior to taking action on the Change of Zone. Find there is not substantial evidence in the record that said Change of Zone will have a significant effect on the environment and determine that the prior Negative Declaration 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. 8386. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 07-012, from AE-10 (Exclusive Agricultural - 10 acre minimum) to M-1-SR (Light Manufacturing - Site Review Combining), on four parcels comprising a total of 20.82 acres, located on the east side of Road 256, at the intersection of Avenue 96, east of Terra Bella, (Tuff Stuff Products). Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to the Resource Management Agency.

6.                  PUBLIC HEARING: Request from Resource Management Agency to approve and authorize the Tulare County Auditor-Controller to place the cost of the demolition of eight (8) structures located on three (3) properties on the Tulare County Tax Rolls.

REMAIN IN SESSION AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

7.                  PUBLIC HEARING: Request from Resource Management Agency, in the matter of the adoption of the proposed Pixley Redevelopment Plan First Amendment, that the County and Redevelopment Agency hold a joint public hearing and that the Board of Supervisors of the County: consider all reports, recommendations and documents as required by law, including environmental review documents; make all necessary findings and certifications as required by law; approve and adopt any needed conditions or mitigation measures in regard to such information and materials as required by law; and, waive the second reading and adopt an uncodified Ordinance of the Tulare County Ordinance Code, approving and adopting the proposed Pixley Redevelopment Plan First Amendment.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

REMAIN IN SESSION AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 33)

 

 

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

8.                  Approve the List of Appointive Offices and Regulatory Commissions and Advisory Boards, Commissions, and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2009 for compliance with the Maddy Act. Authorize posting.

9.                  Ratify the following Proclamations: Recognizing the Honorable Judge Patrick J. O'Hara upon his Retirement from the Tulare County Superior Court; Honoring the Tulare County Library Foundation for its support of the Lindsay Library; Honoring Tulare County Friends of the Library for its support of the Lindsay Library; Honoring Ray Vasquez as Tulare Kings Hispanic Chamber of Commerce 2008 Citizen of the Year; Honoring AARP Foundation as Tulare Kings Hispanic Chamber of Commerce 2008 Non-Profit of the Year; Honoring Melinda Morales as Tulare Kings Hispanic Chamber of Commerce 2008 Woman of the Year; Honoring Vincent Salinas as Tulare Kings Hispanic Chamber of Commerce 2008 Man of the Year; Honoring Pine, Pedroncelli & Aguilar, Inc. as Tulare Kings Hispanic Chamber of Commerce 2008 Large Business of the Year; and Honoring Career Development Institute as Tulare Kings Hispanic Chamber of Commerce 2008 Small Business of the Year.

County Counsel/Risk Management

10.             Introduce and waive the first reading of an Ordinance amending subsections (a) and (b) of Section 3-07-1160 and adding Section 3-07-1167 to Article 7 of Chapter 7 of Part III of the Tulare County Ordinance Code pertaining to the Maintenance and Safety of Railroad Crossings.

11.             Declare that persons performing voluntary services for the County of Tulare will be considered employees if injured and will be covered by the County's Workers' Compensation Insurance Program.

County Administrative Office

12.             Ratify actions taken by the County Administrative Officer during the month of November 2008.

 

 

13.             Approve the Transfer Agreement with the Judicial Council of California, Administrative Office of the Courts for the Dinuba Courthouse. Approve the Joint Occupancy Agreement with the Judicial Council of California, Administrative Office of the Courts for the Dinuba Courthouse. Authorize the Chairman to sign the agreements, subject to review and approval as to form by County Counsel.

District Attorney

14.             Authorize acceptance of continued grant funding from the California Department of Insurance for the Automobile Insurance Fraud Prosecution Program in the amount of $126,608 for Fiscal Year 2008/2009. Ratify and approve the Grant Award Agreement and District Attorney Phil Cline's signature on behalf of the Chairman, 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. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Approve the necessary budget adjustments. (4/5ths vote)

Health & Human Services Agency

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

16.             Ratify and approve an agreement with the California Department of Public Health, Immunization Branch for the Tulare County Health and Human Services Agency to provide an Immunization Program in Tulare County for immunizations against childhood diseases that are required prior to school admittance. 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)

Resource Management Agency

17.             Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 07-007, from the C-2 (General Commercial) Zone to the C-3-SR (Service Commercial-Site Review Combining) Zone on 0.74 acres located on the south side of Avenue 96, approximately 80 feet west of State Route 65, in Terra Bella. Set a Public Hearing for January 13, 2009 at 9:30 a.m.

18.             Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 08-006, from R-1 (Single Family Residential) Zone to the AP (Airport Impact) Zone on 1 acre, located at 30607, 30617 and 30619 Road 68, on the west side of Road 68 (Commercial Road) between Harvest Street and Avenue 306 (Jasmine) in Goshen. Set a Public Hearing for January 13, 2009 at 9:30 a.m.

 

 

19.             Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 08-009, from the AE-20 (Exclusive Agricultural-20-acre minimum) Zone to the M-1 (Light Manufacturing) Zone on a 2.3-acre portion of a 40-acre parcel located on the west side of Road 192 (Mountain View Drive), approximately 1,500 feet north of Avenue 152, in Cotton Center. Set a Public Hearing for January 6, 2009 at 9:30 a.m.

20.             Ratify and approve an amendment to Agreement No. 21942 with John F. George and Donna Taber George for property located at 26644 Mooney Blvd., Ste. A, in the City of Visalia, retroactive to March 1, 2008. Find that the Board had authority to enter into the proposed Agreement as of March 1, 2008, and that it was in the County's best interest to enter into the Agreement on that date.

21.             Ratify and approve an amendment to Agreement No. 22245 with Sierra Vista Associates dba F.V. Medical Properties for property located at 660 E. Visalia Road, in the City of Farmersville, retroactive to March 22, 2008. Find that the Board had authority to enter into the proposed agreement as of March 22, 2008, and that it was in the County's best interest to enter into the agreement on that date.

22.             Ratify and approve a Letter Agreement with the Arvin-Edison Water Storage District for the exchange of Cross Valley Canal Water for the 2008 water year, retroactive to March 1, 2008. Find that the Board had authority to enter into the proposed letter agreement as of March 1, 2008, and that it was in the County's best interest to enter into the letter agreement on that date. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the letter agreement.

23.             Approve an Agreement for Purchase of a Temporary Construction Easement from Joseph and Lynda Peacock for the Road 80 Widening Project in the amount of $500. Authorize County Counsel to sign the Temporary Construction Easement acceptance upon presentation. Authorize the Resource Management Agency Director, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $500 in favor of Joseph and Lynda Peacock.

24.             Approve an Access Agreement to install a Soil Vapor Extraction system to mitigate groundwater contamination on the property located at or adjacent to 5961 South Mooney Blvd., Visalia, CA with American Premiere Underwriters, Inc. with an annual access fee of $500 to the County, effective upon approval by the Board. The initial term is for two years and the Agreement will auto-renew until the clean-up is completed.

25.             Approve the Local Assistance Projects Cooperative Work Agreement Cycle 6 Budget Authority Lapsing June 30, 2009 report for road widening projects on Avenue 416, Caldwell Avenue and the Three Rivers Visitor's Center.

26.             Accept a $10,000 donation from Hildred E. Theriault for Mooney Grove Park. Approve the funds to be used for the purchase of 3 camphor trees and a sign that reads "Donated by Hildred E. Theriault." Approve remainder of funds to be used through the "Adopt-An-Arbor" Program for arbor renovations at Mooney Grove Park. Approve the necessary budget adjustments. (4/5ths vote)

27.             Approve the Final Map for Subdivision Tract No. 782 located at the southeast corner of Avenue 144 and Road 112 in the Community of Tipton. Accept the road right-of-way dedications for Subdivision Tract No. 782 as shown on the Final Map.

28.             Accept and review the Kaweah River Management Plan 2008 Update. Authorize eight (8) rafting companies that were issued Commercial River Licenses in Calendar Year 2008 to maintain their status and be offered the opportunity to apply for a 2009 Commercial Rafting License.

29.             Authorize the filing of Notices of Partial Non-renewal for twenty-three (23) Land Conservation Contracts as provided in the Williamson Act. These requests fulfill conditions resulting from lot line adjustments and parcel maps for the creation of home sites as follows:

PNR 06-012 - Williamson Act Contract No. 10340, Ag Preserve 03496, south of Lindsey (Latimer) (3.29 acres from 58.5 acres)

PNR 06-017 - Williamson Act Contract No. 10254, Ag Preserve 03534, east of Goshen (Clevenger) (5 acres from 18.80 acres)

PNR 06-029 - Williamson Act Contract No. 02403, Ag Preserve 00124, west of California Hot Springs (Versteeg) (5.7 acres from 380.0 acres)

PNR 06-032 - Williamson Act Contract No. 09147, Ag Preserve 03231, north of Tipton (Pitgliano) (1.49 acres from 246.7 acres)

PNR 06-033 - Williamson Act Contract No. 05633, Ag Preserve 01195, southwest of Woodlake (Schauffele) (1.12 acres from 67.22 acres)

PNR 06-035 - Williamson Act Contract No. 03507, Ag Preserve 00734, in Teviston (Laemmlen) (1.49 acres from 29.24 acres)

PNR 06-036 - Williamson Act Contract No. 03421, Ag Preserve 00734, in Teviston (Laemmlen) (1.49 acres from 38.3 acres)

PNR 06-037 - Williamson Act Contract No. 03592, Ag Preserve 00902, west of Waukena (Orisio) (3.9 acres from 38.5 acres)

PNR 06-038 - Williamson Act Contract No. 03672, Ag Preserve 00819, northwest of Tulare (Lemstra) (6.44 acres from 160 acres)

PNR 06-039 - Williamson Act Contract No. 18123, Ag Preserve 04330, west of Poplar (Tri Star Dairy) (1.48 acres from 77.62 acres)

PNR 06-040 - Williamson Act Contract No. 05877, Ag Preserve 01531, east of Kingsburg (Lewis) (1.25 acres from 151.59 acres)

PNR 06-041 - Williamson Act Contract No. 05570, Ag Preserve 01754, southeast of Ivanhoe (Borges) (1.0 acres from 50.51 acres)

PNR 06-042 - Williamson Act Contract No. 04802, Ag Preserve 01501, in Cutler (Kausen) (1.0 acres from 79.54 acres)

PNR 06-043 - Williamson Act Contract No. 04908, Ag Preserve 02000, south of Farmersville (Martella) (8.06 acres from 212.70 acres)

PNR 06-044 - Williamson Act Contract No. 03602, Ag Preserve 00646, south of Farmersville (Hilarides) (0.49 acres from 384.64 acres)

PNR 06-045 - Williamson Act Contract No. 03602, Ag Preserve 02070, north of Orosi (Butler) (1.5 acres from 188.92 acres)

PNR 06-046 - Williamson Act Contract No. 04665, Ag Preserve 01475, south of Dinuba (Ibara) (1.38 acres from 36.7 acres)

PNR 06-047 - Williamson Act Contract No. 03703, Ag Preserve 00890, south of Dinuba (French) (1.2 acres from 58.5 acres)

PNR 06-048 - Williamson Act Contract No. 08326, Ag Preserve 00291, north of Tulare (Bixler) (1.44 acres from 80.1 acres)

 

PNR 06-049 - Williamson Act Contract No. 05368, Ag Preserve 01477, north of Visalia (Paregien) (1.69 acres from 45.29 acres)

PNR 06-050 - Williamson Act Contract No. 04226, Ag Preserve 00157, north of Visalia (Watkins) (1.5 acres from 40.24 acres)

PNR 06-051 - Williamson Act Contract No. 09183, Ag Preserve 03154, east of Kingsburg (Jackson) (3.88 acres from 85.99 acres)

PNR 06-053 - Williamson Act Contract No. 09145, Ag Preserve 03323, south of Exeter (Andrews) (1.1 acres from 19.71 acres)

 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

30.             Review and accept the following documents as complete and adequate for each of the Tulare County Redevelopment Agency's eight project areas, including Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center, Richgrove, and Traver, for the Fiscal Year ending June 30, 2008: a) Annual Audit Report of financial activities of the Tulare County Redevelopment Agency; b) Annual State Controller's Report; and c) Annual Housing Report to the California Department of Housing and Community Development. Direct that these reports be submitted by the Executive Director, as required by the California Health and Safety Code, to the Office of the State Controller and the California Department of Housing and Community Development.

31.             Approve an agreement with Community Services and Employment Training in an amount not to exceed $489,153 to provide pedestrian improvements along: 1) the eastern side of State Route 63 from Avenue 408 to Albert Avenue (Phase 6); 2) along the western side of State Route 63 from Avenue 408 to Ira Avenue (Phase 6); 3) along the east and west sides of SR 63 from Albert Ave. to Avenue 416 (Phase 7); and 4) pedestrian crosswalk improvements in front of the Cutler Elementary School (Phase 5b).

32.             Approve an agreement with the Cutler-Orosi Joint Unified School District and the Tulare County Redevelopment Agency for participation in the Community Improvement Program, Phase 8 Pedestrian Corridor Project within the Cutler-Orosi Redevelopment Project Area.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

33.             Ratify and approve an amendment to Agreement No. 23450 with the Governor's Office of Emergency Services to extend the term of the Fiscal Year 2007/2008 California Multi-Jurisdictional Methamphetamine Enforcement Team (Cal-MMET) grant program, retroactive to July 1, 2007 through November 30, 2008. Find that the Board had the authority to enter into the amendment on July 1, 2007, and that it was in the best interest of the County to enter into the amendment on that date. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

34.             Request from County Administrative Office - Capital Projects to award the contract for the History of Farm Labor and Agriculture Museum Project to the lowest responsible bidder, Webb and Son Corporation, 678 N. Plano, Porterville, CA 93257. Select from the following options, as provided for in California Public Contract Code (CPCC) Section 20103.8: a) award the base contract in the amount of $2,333,000; b) award the base contract in the amount of $2,333,000 and bid alternate #1 in the amount of $90,000 for a total contract amount of $2,423,000; and c) do not award the base contract or any bid alternates. Direct staff to take other action. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds and contract after review and approval as to form by County Counsel and evidence that the Contractor possesses a valid State contractor's license.

35.             Presentation regarding the County Tourism Program and Development Activities.

(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: 2

Amendment to Ordinance Code of Tulare County, Pertaining to Maintenance and Safety of Railroad Crossings, Board of Supervisors Agenda Item, 12-16-2008

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: 1

Pixley Redevelopment Plan First Amendment. Board of Supervisors Agenda Item, December 16, 2008.

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Bravo, Uriah, et al v. County of Tulare, et al

Tulare County Superior Court Case Number 07-225512

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Robert Janoiko vs. Scott Cox

U.S. District Court Case Number 1:06-CV-01405-OWW-GSA

Next Item(s) Sitting as...

ITEM E

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...