MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

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


 

January 6, 2009

 

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.                  Swearing-in Ceremony and Oaths of Office for Supervisor Ishida, Supervisor Vander Poel and Supervisor Cox by the Honorable Joseph Kalashian, Presiding Judge.

2.                  Reorganization of the Board of Supervisors. Selection of the Board Chairman and Vice Chairman for the year 2009.

3.                  State of the County presented by the Chairman.

4.                  Break - 10 minutes

5.                  Public Comments.

6.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

7.                  PUBLIC HEARING: Request from Resource Management Agency to certify that it has reviewed and considered the information contained in the Addendum to the Final Environmental Impact Report prepared for the 1996 Poplar-Cotton Center Community Plan for the proposed Change of Zone 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, 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 Addendum to the Final Environmental Impact Report prepared for the 1996 Poplar-Cotton Center Community Plan 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. 8389. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance. 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.

8.                  PUBLIC HEARING: Request from Fire Department to confirm the accounting as modified for Fire Hazard Abatement Cost Recovery. Order that the costs, as confirmed, be recorded in the office of the Tulare County Clerk/Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

 

 

 

 

 

 

 

(Consent Calendar)

CONSENT CALENDAR (Number 9 through 31)

 

 

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.

 

 

 

Agricultural Commissioner/Sealer

9.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of the California Nursery Stock Law, 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.

Board of Supervisors

10.             Approve the 2009 Board of Supervisors Committee Assignments.

11.             Cancel the following meetings for the Board of Supervisors during 2009:

January 20

August 4

February 3

September 8

February 17

November 17

April 17

November 24

May 26

December 22

July 14

December 29

 

12.             Ratify the following proclamations: Honoring Karen L. Hill for Her Efforts in Education; and Honoring Joe V. Cardoza III for His Efforts in Education.

13.             Reappoint James V. Crew to the Tulare County Fish and Game Commission for a term ending September 9, 2010.

14.             Appoint Irene M. Santos to the Agricultural Advisory Committee to represent the Incorporated Cities for a term ending June 30, 2010.

County Counsel

15.             Waive the second reading and adopt the Ordinance amendment and 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 Ordinance Code of Tulare County pertaining to the Maintenance and Safety of Railroad Crossing.

 

County Administrative Office

16.             Accept the Visalia Library Expansion and Renovation Project as a completed project. Authorize the Chairman to sign the Notice of Completion for the subject project. Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the subject project with the Tulare County Recorder.

Fire Department

17.             Ratify and approve the Cooperative Fire Protection Agreement with the City of Exeter retroactive to July 1, 2007, until terminated by either party. Find that the Board had authority to enter into the proposed Agreement as of July 1, 2007, and that it was in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

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

19.             Ratify and approve an amendment to Agreement No. 22895 with Central Valley Recovery Services, Inc. (Formerly Known as Tulare County Alcoholism Council, Inc.) d.b.a. New Hope in the amount of $198,034, for the continued provision of concurrent drug and alcohol treatment and mental health services, retroactive to July 1, 2008 through June 30, 2009; fully funded by the State Department of Alcohol and Drug Programs. 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.

20.             Ratify and approve the acceptance of funds from the Governor's Office of Homeland Security for the Fiscal Year 2008 State Homeland Security Grant Program in the amount of $992,550 for the purpose of ensuring local capabilities to prepare for, prevent, deter, respond to, and recover from threats and/or incidents of all hazards, retroactive to October 20, 2008 through May 31, 2011. Find that the Board had authority to accept the grant funds as of October 20, 2008 and that it was in the County's best interest to accept the funding on that date. Approve the necessary budget adjustments. (4/5ths vote)

21.             Ratify and approve the acceptance of $250,000 in revenues provided by the California Endowment, for the Premium Subsidies for Healthy Kids 6-18 grant to subsidize premiums for the Healthy Kids 6-18 Program that provides health, vision, and dental coverage to children 6-18 years of age in Tulare County, retroactive to November 1, 2008 through October 31, 2009. Find that the Board had authority to enter into the proposed agreement as of November 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

22.             Set a Public Hearing on January 13, 2009, referred to as a Beilenson Hearing, regarding the closure and curtailment of acute care and clinical services at the Tulare County Health Centers in Tulare and Lindsay. Ratify action of the Health and Human Services Agency in posting notices on all Tulare County Health Care Facilities in accordance with Section 1442.5 of the California Health and Safety Code on December 29, 2008.

23.             Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Community Services and Supports Plan Update for Fiscal Year 2008/2009 to the State Department of Mental Health. Authorize the Tulare County Director of Mental Health to accept additional funding of $10,313,281 upon approval of the Plan Update by the State Department of Mental Health. Approve the necessary budget adjustments. (4/5ths vote)

24.             Authorize the Tulare County Auditor to release an advance payment in the amount of $100,000 to Community Services Employment Training (CSET) upon approval of the Professional Services Agreement by the Tulare County Purchasing Agent.

Resource Management Agency

25.             Approve an amendment to Agreement No. 23386 with Proteus, Inc. to increase funding in the amount of $20,000 to allow for additional job creation funding. Approve the necessary budget adjustments. (4/5ths vote)

26.             Ratify and approve the 2008/2009 Williamson Act Subvention Report, retroactive to October 31, 2008. Find that the Board had authority to sign the 2008/2009 Williamson Act Subvention Report as of October 31, 2008 and that it was in the County's best interest to sign the Report on that date.

27.             Accept the work for construction of Rubberized Asphalt Concrete Overlay on Avenue 256 from Road 116 (State Route 63) to Road 140 and Asphalt Concrete Overlay on Road 168, Diagonal 168 and Road 164 from Avenue 232 (State Route 137) to Avenue 256 as complete by W. Jaxon Baker, Inc. of Redding, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

28.             Approve the Final Map for Subdivision Tract No. 742 located on the north side of Avenue 393 west of Road 34, east of Kingsburg.

29.             Approve a Program Supplement Agreement with the State of California, Department of Transportation, in the amount of $9,000 for cost reimbursement for Plans, Specifications and Estimates (PS&E) for a new traffic signal at the intersection of Avenue 280 and Road 156 in Tulare County.

Sheriff/Coroner

30.             Approve a Memorandum of Agreement between Tulare County Sheriff's Department and the National Park Services, United States Department of Interior, Sequoia and Kings Canyon National Parks, effective for a period of five years from the date of the fully executed Memorandum of Agreement. The Memorandum of Agreement is to provide personnel services and equipment required for search and rescue operations on lands within Sequoia and Kings Canyon National Parks within Tulare County and immediate surrounding area.

 

31.             Approve the fixed-asset purchase of three All-Terrain Vehicles to enable Sheriff's personnel the ability to access and move quickly into marijuana grow sites that are located in rural, agricultural areas and rugged mountainous terrain in Tulare County. Authorize the necessary budget adjustments. (4/5ths vote)

 

(Items Not Timed)

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, 1-06-2009

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: 4

Potential Loss of Williamson Act Contract subvention funds

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9(c).)

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Melynda Gibson v. County of Tulare, Jessica Zandejas

Tulare County Superior Court Case Number VCU 230094

 

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Rader, Tanya et al vs. County of Tulare, et al.

Tulare County Superior Court Case Number 07-225967

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Ker Xiong vs. County of Tulare

Workers' Compensation Appeals Board Case Number ADJ2054320

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Natalio Tellez v. John Henry Luther Jobe, Jr, Tulare County Sheriff's Department, Does 1 to 10, Inclusive

Tulare County Superior Court Case Number 07-11746B

Next Item(s) Sitting as...

ITEM H

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 I

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 3

Setting a Public Hearing, referred to as a Beilenson Hearing, to consider the closure of the Lindsay Medical Clinic and the Hillman Medical Clinic, Board of Supervisors Agenda Item, January 6, 2009.

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: 845 N. Sequoia, Lindsay, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Lindsay Hospital District

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM L

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: 845 N. Sequoia, Lindsay, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Kendall Fults

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM M

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: 1062 S. K Street, Tulare, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Kendall Fults

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM N

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: 1055 W. Henderson, Porterville CA and 1061 W. Henderson, Porterville CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Andy Mangano

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM O

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...