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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

January 13, 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.                  Recognize Gary de Maglinon upon his retirement from County Counsel for his 29 years of County service.

2.                  Recognize the Auditor-Controller's Office for receiving a "Certificate of Achievement for Excellence in Financial Reporting" from the Government Finance Officers Association for their Comprehensive Annual Financial Report (CAFR).

3.                  Recognize the Auditor-Controller's Office for earning the State Controller's "Award for Achieving Excellence in Financial Reporting" for the Fiscal Year ended June 30, 2007.

4.                  Declare January as Mentoring Month in Tulare County.

5.                  Public Comments.

6.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

7.                  PUBLIC HEARING: Request from the 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.

8.                  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 2002 Terra Bella-Ducor Community Plan for the proposed 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 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 2002 Terra Bella-Ducor 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. 8383. 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.

9.                  PUBLIC HEARING: Request from Resource Management Agency to certify that it has reviewed and considered the information contained in the Negative Declaration for the proposed 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 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 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. 8384. 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.

10.             PUBLIC HEARING: Request from Health and Human Services Agency to independently review and approve the Notices of Exemption as the appropriate environmental documents for consideration of the closure of clinic sites. Direct staff to file the Notices of Exemption with the County Clerk-Recorder's Office upon decision. Accept the report from HHSA, Health Department, on "Recommendation to Close Clinics in Lindsay and Tulare." Approve the Resolution to close Health Clinics in Lindsay and Tulare.

11.             Request from Health and Human Services Agency to approve the service agreement with selected third party provider to become a designated Tulare County Medical Services (TCMS) facility and to thereby provide medical services to TCMS eligible clients (in accordance with Resolution number 99-0808), effective March 1, 2009 through February 28, 2014. Approve the agreement regarding the sharing of medical information with selected third party provider, as in accordance with Health Insurance Portability and Accountability Act (HIPPA) and privacy regulations, effective January 14, 2009 through January 13, 2010. Approve the sale of Lindsay and Hillman Health Center assets (medical and office equipment) to interested parties as appraised by the Purchasing Agent. Upon approval as to form by County Counsel, authorize the Chairman of the Board to sign the Facility Sub-Lease agreement for the Lindsay Health Care Center to interested third party. This will be contingent upon the approval by the Lindsay Hospital District. Upon approval as to form by County Counsel, authorize the Chairman of the Board to sign the Facility Lease Agreement for the Hillman Health Care Center to lease approximately 16,718 sq. ft. of the facilities to interested third party. Authorize Health and Human Services Agency to solicit contracts for Clinical Laboratory Services. Direct staff to consolidate North and South Clinic operations for Adult Mental Health services. Independently review and approve the Notice of Exemption as the appropriate environmental review documents for the consolidation of Mental Health services. Direct staff to file the Notice of Exemption with the County Clerk-Recorder's Office upon decision. Ratify actions of HHSA and HRD in the initiation of the County's layoff process affecting Health, Mental Health, Human Service and Agency Administration, the issuance of notices of layoff, meeting and conferring with the affected unions, and authorize HHSA and HRD to continue with the layoff processes and approve the Personnel Resolution.

(Consent Calendar)

 

 

 

 

CONSENT CALENDAR (Number 12 through 22)

 

 

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

12.             Ratify a Proclamation Honoring Norman Virgil Vikan for more than Five Decades of Work in Tulare County.

13.             Appoint Steven R. Spalding to the Ivanhoe Irrigation District for a term ending December 4, 2009.

County Administrative Office

14.             Ratify actions taken by the County Administrative Officer during the month of December 2008.

Health & Human Services Agency

15.             Ratify and approve the acceptance of the California Integrated Waste Management Board Used Oil Recycling Block Grant (14th Cycle) in the amount of $120,192 to fund public education and the collection and recycling of used motor oil and filters, retroactive to July 1, 2008 through August 15, 2011. 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.

16.             Ratify and approve the acceptance of the Fiscal Year 2008/2009 California Integrated Waste Management Board, Local Enforcement Agency EA 19 Grant in the amount of $25,773, to support solid waste facilities permit and inspection programs, 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.

17.             Approve the Tulare County Child Care Planning Council Certification Form that confirms the composition of the Council is within State guidelines.

Resource Management Agency

18.             Approve the Agreement for Purchase of a Temporary Construction Easement from Ricardo and Linda C. Villegas for the Road 80 Widening Project in the amount of $525. 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 $525 in favor of Ricardo and Linda C. Villegas.

19.             Ratify and approve the issuance and sale by the Tulare County Redevelopment Agency of tax allocation bonds to finance redevelopment activities within and for the benefit of the agency's Cutler-Orosi Redevelopment Project. Find that Board was authorized to enter into the proposed agreement as of January 1, 2009, and that is was in the County's best interest to enter into the Agreement on that date. Authorize the Chairman to execute the contract, subject to review and approval as to form by County Counsel.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

20.             Ratify and approve the Indenture of Trust, dated January 1, 2009 and authorize the issuance of bonds to finance redevelopment activities within and for the benefit of the Cutler-Orosi Redevelopment Project Area, to be used for the construction of the Joint Cutler and Orosi Domestic Sewer Upgrade Project for $1,900,000. Find that the Board was authorized to enter into the proposed agreement as of January 1, 2009, and that it was in the Tulare County Redevelopment Agency's best interest to enter into the agreement on that date. Authorize the Chairman to execute the Indenture of Trust, subject to review and approval as to form by County Counsel.

21.             Approve the Water or Waste System Grant Agreement with the United States Department of Agriculture for the construction of the Joint Cutler-Orosi Domestic Sewer Upgrade Project.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

22.             Ratify and approve an amendment to Agreement No. 23050 with the United States Forest Service for operations to suppress manufacturing and trafficking of controlled substances on or affecting National Forest Service land, retroactive to October 1, 2008 through September 30, 2009. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2008, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

23.             Request from Resource Management Agency to approve the execution of four (4) Land Conservation Contracts, as provided in the Williamson Act, for Agricultural Preserves enlarged or established during the 2008 application season, as follows (listed by Preserve Numbers):

(Closed Session)

Preserve No. 4457 - Eskridge, Dana and Jacqueline (27.76 acres, east of Porterville; APN 284-470-028)

Preserve No. 4058 - Andrade, Alfredo and Maria (20 acres, south of Kingsburg and northwest of Traver, APN 028-160-003)

Preserve No. 4059 - Weisenberger, Daniel and Janice, and S.E.E. of Olive, a limited partnership (1,390.2 acres, southwest of Springville; APNs 219-010-013, 219-010-014, 219-240-016, 284-080-050, and a portion of 284-010-019)

Preserve No. 4060 - Kapheim Farms (31.7 acres, southeast of the hamlet of Sultana; APN 021-220-027)


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: 1

Amendment to Tulare County Ordinance 352 (Zoning Ordinance) for Change of Zone Number PZ 07-007 from C-2 to C-3 on approximately .74 acres in Terra Bella

Hernandez, Board of Supervisors Agenda Item, January 13, 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: 1

Amendment to Tulare County Zoning Ordinance No. 352 for Change of Zone No. PZ 08-006 from R-1 to AP Zone on approximately one acre in Goshen

Santeufemia, Board of Supervisors Agenda Item, January 13, 2009

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 4

Approve 2008 Agricultural Preserve Contracts including Preserve No. 4457 (Eskridge); Preserve No. 4058 (Andrade); Preserve No. 4059 (Weisenberger); and Preserve No. 4060 (Kapheim Farms)

Board of Supervisors Agenda Item, January 13, 2009

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Laura Kennedy dba Sugar Daddy's Gentlemen's Club v. County of Tulare, Augustine Mora

Tulare County Superior Court Case Number 08-229065

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM F

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 G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Micah Storey, et al v. Kimberly Hopper, et al

Tulare County Superior Court Case Number 08-226669

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Lease: 4025 and 4031 W. Noble, Visalia, CA

Agency Negotiator: Jean Rousseau, Hal Cypert and Robert Newby

Negotiating Parties: Visalia/Noble Associates, LLC

Under Negotiation: Price and Terms of Payment and Length of Term

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

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 13, 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 NEGOTIATOR

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 NEGOTIATOR

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 NEGOTIATOR

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 NEGOTIATOR

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...