(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...
