(Public Comment Period)
1.
Proclamation
presentation Honoring the Tulare Athletic Boxing Club for its Dedication to the
Youth of Tulare County.
2.
Legislative
update given by Paul Yoder, Strategic Local Government Services. Review, modify, and adopt the Proposed
2009/2010 State Legislative and Regulatory Platform.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request from Resource Management
Agency to hold the Public Hearing and prior to action, continue the Public
Hearing (for non-payment of fees in the amount of $3,210 due to the Resource
Management Agency) for the appeal filed by Zion Ministries, Inc. and Full
Gospel Conference of the World, Inc. for Special Use Permit No. PSP 08-056 (ZA)
to allow the conversion of a bed and breakfast into a church retreat facility
in the AE-20 (Exclusive Agricultural - 20 acre minimum) zone on property
located on the northwest corner of Road 152 and Avenue 344, northwest of
Ivanhoe.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 29)
|
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
6.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for the purpose of enforcement of the California Seed 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
7.
Ratify
the following Proclamations: Honoring M.
Green & Company, LLP Certified Public Accountants Tulare Chamber of
Commerce 2008 Large Business of the Year; Honoring Jeri Sell Tulare Chamber of
Commerce 2008 Woman of the Year; Honoring Tony Souza Jr. Tulare Chamber of
Commerce 2008 Man of the Year; and Honoring Gainsborough Studio Tulare Chamber
of Commerce 2008 Small Business of the Year.
8.
Reappoint
Bob Carden, Member At-Large, Seat 15; Ralph E. Nelson, Jr. MD, Family Member,
Seat 12; Donna Grigsby, Family Member, Seat 16; and Steve Whitten, Family
Member, Seat 13 to the Mental Health Board for terms ending December 31, 2011.
Health & Human Services Agency
9.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
10.
Ratify
and approve an agreement with the California Department of Public Health for
the Public Health Emergency Preparedness Program, State General Fund Pandemic
Influenza, and HHS Hospital Preparedness Program Funding to provide continued
funding for planning and preparing for Bioterrorism, Pandemic Influenza, and
other public health threats and emergencies, retroactive to July 1, 2008,
August 9, 2008, and August 10, 2008 through June 30, 2009, August 8, 2009, and
August 9, 2009 respectively. Find that the Board had authority to enter into
the proposed agreement as of the following dates: July 1, 2008; August 9, 2008;
and August 10, 2008 and that it was in the County's best interest to enter into
the proposed agreement on those dates.
11.
Ratify
and approve an agreement with Delta Dental of California to provide dental care
services to eligible Healthy Kids program members between the ages of 6 to 18,
retroactive to October 25, 2008 through October 25, 2009. Find that the Board
had authority to enter into the proposed agreement as of October 25, 2008 and
that it was in the County's best interest to enter into the agreement on that
date.
12.
Ratify
and approve an agreement with the California Department of Public Health for
the receipt of Emergency Medical Services Appropriation funding to provide
compensation to medical providers for emergency services to patients for whom
payment will not be made, 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.
13.
Ratify
and approve an agreement with the California Department of Public Health to
receive funding for the Women, Infants, and Children (WIC) Program in the
amount of $15,570,000 that helps safeguard the health of low-income pregnant,
lactating, and postpartum women and their children up to age 5, who are risk,
to eat well and stay healthy, retroactive to October 1, 2008 through September
30, 2011. Find that the Board had 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.
Probation
14.
Authorize
the submittal of a grant application to the California Office of Traffic Safety
for funding in the amount of $597,160 to establish the Tulare County DUI
Suppression, Prosecution and Supervision Project.
15.
Ratify
and approve an amendment to Agreement No. 21590 with BI Incorporated to provide
electronic monitoring services for juveniles and adults, and compliance
monitoring services to adult offenders in Tulare County, retroactive to March
14, 2008 through March 13, 2011. Find that
the Board had authority to enter into the proposed amendment as of March 13,
2008, and that it was in the County's best interest to enter into the agreement
on that date.
16.
Ratify
and approve an agreement with the California Franchise Tax Board for the
collection of fines, fees, forfeitures and penalties, retroactive to December
1, 2008 through November 30, 2011. Find
that the Board had authority to enter into the proposed agreement as of December
1, 2008, and that it was in the County's best interest to enter into the
agreement on that date.
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 08-005, from AE-20 (Exclusive
Agricultural - 20 acre minimum) to C-3-SC-SR (Service Commercial - Scenic
Corridor - Site Review Combining) on a 2.03-acre parcel located on the
northeast corner of Road 162 and Avenue 296, north of Farmersville. Set a
Public Hearing for February 10, 2009 at 2:00 p.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 07-011, to reconfigure the
existing zones of R-3 (Multiple Family), R-A-43 (Rural Residential-43,000 sq.
ft. minimum) and C-2-SC (General Commercial Scenic Corridor) or to any other
zone or combination of zones considered (or found) by the Board of Supervisors
to be appropriate and consistent with the General Plan, submitted by Rock Creek
Properties, LLC. on two parcels totaling 27-acres, located on the east side of
State Highway 198, approximately ¼ mile north of Eggers Drive in Three
Rivers. Set a Public Hearing for
February 10, 2009 at 2:00 p.m.
19.
Introduce
and waive the first reading of an Ordinance adding Section 3-07-1168 to Part 3,
Chapter 7, Article 7 of the County of Tulare Ordinance Code establishing
prohibitions to excavation in newly renovated County streets and amending
Section 3-07-1170 dealing with exceptions.
20.
Accept
the work for Rehabilitation of Runway 13-31 at Sequoia Field Airport as
complete by R.J. Berry Jr., Inc. of Selma, California. Authorize the Chairman to sign the Notice of
Completion. Direct the Clerk of the
Board to have the Notice of Completion recorded.
21.
Reject
all bids received and cancel procurement of Job Order Contract (JOC) 002. Authorize the advertisement for bids for Job
Order Contracting construction services.
Approve the bid opening for the Job Order Contract to be held on March
12, 2009 at 2:00 p.m. in the Board of Supervisors Conference Rooms A & B.
22.
Approve
the Road 80 Widening Project Services agreement with Alta Irrigation District
to prepare final engineering plans, specifications and estimate, advertise for
bids, award the construction contract, and supervise the construction of the
Alta Irrigation District pipeline associated with the Road 80 Widening Project.
23.
Approve
the California Rural Home Mortgage Finance Authority (CRHMFA) Homebuyers Fund
Joint Exercise of Powers Agreement to provide local mortgage consultants with
access to National Homebuyer Fund loan programs.
24.
Approve
the Agreement with BRADCO Environmental to provide wood and green waste
recycling services at the County landfills for a period of three (3)
years. Delegate authority, on behalf of
the County, to the Resource Management Agency Director to extend the Agreement
for one (1) additional year under the same terms and conditions.
Sheriff/Coroner
25.
Approve
the fixed asset purchase of a farm tractor in the amount of $10,775 to replace
the 1972 tractor that is no longer operable.
Approve the necessary budget adjustments. (4/5ths vote)
26.
Acknowledge
and accept monetary donations of $2,600 from Friends of Tulare County
designated for the Sheriff's Search & Rescue Unit.
27.
Ratify
and approve an amendment to Agreement No. 23365 with Visalia Unified School
District, Ivanhoe Elementary School to provide a Sheriff's Deputy to spend one
to three hours per week participating in the Violence Intervention Servicing
Ivanhoe's Ongoing Needs project, retroactive to July 1, 2008 through June 30,
2009.
28.
Ratify
and approve an agreement with Community Services & Employment Training
(C-SET) to provide training for the Jobs for Young Adults Program, retroactive
to November 14, 2008 through June 30, 2009.
Find that the Board had authority to enter into the proposed agreement
as of November 14, 2008, and that it was in the County's best interest to enter
into the agreement on that date.
29.
Ratify
and approve the Fiscal Year 2008 Anti-Drug Abuse grant award from the
Governor's Office of Emergency Services, retroactive to July 1, 2008 through
June 30, 2009. Ratify the Chairman's
signature on the Grant Award Face Sheet and the Certification of Assurance of
Compliance/Anti-Drug Abuse/Methamphetamine Laboratory Operations. Find that the Board had authority to enter
into the Grant Award Face Sheet and Certification of Assurance of
Compliance/Anti-Drug Abuse/Methamphetamine Laboratory Operations on July 1,
2008, and that it was in 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
30.
Request
from Probation Department to approve the creation of seven (7) Probation
Correctional Officer II positions for the implementation of Juvenile Justice
Development Plan approved by the Corrections Standards Authority. Approve and authorize a Personnel Resolution
amending the Fiscal Year 2008/2009 position allocation for the Probation Department,
adding seven (7) full time Probation Correctional Officer II positions. Approve the necessary budget
adjustments. (4/5ths vote)
31.
Receive
a presentation regarding Tulare County Health and Human Services Agency,
In-Home Supportive Services Program that provides personal care and domestic
services to aged, blind or disabled individuals in their own homes and In-Home
Supportive Services Advisory Council.
32.
Review,
modify, and adopt the Proposed 2009 Federal Legislative and Regulatory
Platform.
33.
Request
from Human Resources and Development to approve the terms and conditions of
employee layoffs during the months of January, February and March in the Health
and Human Services Agency.
(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: 1
Appeal by
Zion Ministries, Inc. and Full Gospel Conference of the World, Inc. of Zoning
Administrator Decision No. 2989 denying Special Use Permit No. PSP 08-056 (ZA),
to allow conversion of a bed and breakfast into a church retreat facility in
the AE-20 Zone on northwest corner of Road 152 and Avenue 344, northwest of
Ivanhoe. Board of Supervisors Agenda
Item, January 27, 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: 2
Amendment
to Ordinance Code of Tulare County, pertaining to encroachments in the County
right of way, Board of Supervisors Agenda Item, January 27, 2009.
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: 1
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 3
Next Item(s)
Sitting as...
ITEM
E
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
F
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
G
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
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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Number of
Potential Cases: 3
Name of
Case: James Li v. Michael Sheltzer, County of Tulare
United States District Court Eastern District
of California
Court Case Number 1:07-CV-01039-AWI
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Tanya Rader, et al v. County of Tulare, et al
Tulare County Superior Court Case Number 07-225967
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Kerry Kelly, et al v. Kevin
Dahlberg, Salvador Valdovinos, et al
Tulare County Superior Court Case Number 08-229049
Next Item(s)
Sitting as...
ITEM
L
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
M
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...
