(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)
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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.
|
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
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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: 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...
