(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)
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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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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:
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January 20
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August 4
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February 3
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September 8
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February 17
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November 17
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April 17
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November 24
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May 26
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December 22
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July 14
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December 29
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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)
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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: 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...
