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 KATHLEEN BALES-LANGE
Chief Clerk 2800 (559) 636-5000 FAX (559) 733-6898 |
1:30 P.M. Board Convenes
PLEDGE OF ALLEGIANCE
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)
3.
Board
of Supervisors matters.
2:00 P.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the Resource Management Agency to deny the
appeal filed by Reni Garrett and uphold the Zoning Administrators' denial of
Zone Variance No. PZV 08-026 (ZA) for the creation of two 2.5-acre parcels from
a 5-acre parcel in the AE-40 (Exclusive Agricultural-40 acre minimum) Zone, on
property located on the west side of Road 140, approximately 1,000 feet south
of Avenue 344, north of Visalia.
5.
PUBLIC
HEARING: Request from the Resource Management Agency to hold a Public
Hearing for General Plan Amendment No. GPA 08-003 to expand the Farmersville
Area Urban Development Boundary and amend the Farmersville Area Land Use Plan
to change the land use designation from "Agriculture" to
"Service Commercial" on a 2.03-acre parcel, located on the northeast
corner of Road 162 and Avenue 296, north of Farmersville. Hold a Public Hearing for General Plan
Amendment No. GPA 07-007 to amend the Three Rivers Community Plan to
reconfigure the existing land use designations of "Medium Density
Residential" and "Multiple Family Residential" in conjunction
with changing the land use designation of "Agriculture" to
"Community Commercial" 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. Find that said General
Plan Amendments will not have significant effect on the environment and certify
the Negative Declarations prepared for the proposed General Plan Amendments and
Urban Boundaries Element amendment, 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. As one action, adopt the amendment to the
Farmersville Area Land Use Plan and the amendment to the Urban Boundaries
Element for the Farmersville Area Land Use Plan (GPA 08-003), and the amendment
to the Three Rivers Community Plan (GPA 07-007). Direct the Clerk of the Board to return the
Notices of Determination for GPA 08-003 and GPA 07-007 to the Resource
Management Agency for future filing with the
6.
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 08-005 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 in
compliance with the California Environmental Quality Act of 1970, prior to
taking action on the Change of Zone.
Find there is not substantial evidence that said Change of Zone will
have a significant effect on the environment and certify that the Negative
Declaration 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. Waive the final reading and adopt an amendment
to Ordinance No. 352 of the Tulare County Zoning Ordinance. Direct the Clerk of the Board to publish the
adopted Ordinance and return the signed Notice of Determination to the Resource
Management Agency.
7.
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 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,
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 not 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 a 1970, as amended. Adopt the
findings for approval for the Change of Zone, as set forth in Planning
Commission Resolution No. 8381. 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.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 27)
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
Health & Human Services Agency
Information Technology
Resource Management Agency
Preserve No. 4457 - Eskridge,
Dana and Jacqueline (27.76 acres, east of
Preserve No. 4458 - Andrade,
Alfredo and Maria (20 acres, south of Kingsburg and northwest of Traver, APN
028-160-003)
Preserve No. 4459 - 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. 4460 - Kapheim
Farms (31.7 acres, southeast of the hamlet of Sultana; APN 021-220-027)
PNR 07-031 - Williamson Act Contract No. 09224, Ag Preserve 03175, west of
PNR 07-032 - Williamson Act Contract No. 10254, Ag Preserve
02070, northeast of Orosi (Butler Ranches) (1.5 acres from 189 acres)
PNR 07-033 - Williamson Act Contract No. 04866, Ag
Preserve 01659, southeast of Earlimart (Chinchiolo) (20.3 acres from 99.5
acres)
PNR 07-038 - Williamson Act Contract No. 05803, Ag
Preserve 01702, west of
PNR 07-039 - Williamson Act Contract No. 02827, Ag Preserve
01195, northeast of Waukena (Wilbur) (1.6 acres from 532.3 acres)
PNR 07-041 - Williamson Act Contract No. 04688, Ag
Preserve 01653, south of
PNR 08-001 - Williamson Act Contract No. 05088, Ag
Preserve 01699, south of Ivanhoe (
PNR 08-002 - Williamson Act
Contract No. 07273, Ag Preserve 02545, northeast of Pixley (Martin) (3.0 acres
from 312.4 acres)
PNR 08-003 - Williamson Act
Contract No. 09803, Ag Preserve 03249, north of Lindsay (Rodriguez) (1.1 acres
from 49 acres)
PNR 08-004 - Williamson Act Contract
No. 10189, Ag Preserve 03579, east of
PNR 08-005 - Williamson Act Contract No. 09579, Ag
Preserve 03271, south of Dinuba (Duran) (1.0 acres from 20 acres)
PNR 08-007 - Williamson Act Contract No. 04398, Ag Preserve
01269, north of Traver (Williams) (1.3 acres from 476.4 acres)
PNR 08-008 - Williamson Act Contract No. 02827, Ag
Preserve 00330, northwest of Waukena (Van De Velde Ranch) (1.5 acres from 532.2
acres)
PNR 08-009 - Williamson Act Contract No. 04630, Ag
Preserve 01181, west of Orosi (Giannandrea) (5.6 acres from 107.3 acres)
PNR 08-011 - Williamson Act Contract No. 06006, Ag
Preserve 01739, northwest of
PNR 08-012 - Williamson Act Contract No. 06006, Ag Preserve
01739, northwest of
PNR 08-013 - Williamson Act Contract No. 02876, Ag
Preserve 00393, south of Dinuba (Dirksen) (1.0 acres from 238.9 acres)
PNR 08-018 - Williamson Act Contract No. 10334, Ag
Preserve 03472, east of
PNR 08-019 - Williamson Act Contract No. 02803, Ag
Preserve 00350, west of
PNR 06-012 - Williamson Act Contract No. 10340, Ag Preserve 03496, south of Lindsey (Latimer) (3.29 acres
from 58.5 acres)
PNR 06-017 - Williamson Act Contract No. 10254, Ag
Preserve 03534, east of
PNR 06-029 - Williamson Act Contract No. 02403, Ag
Preserve 00124, west of California Hot Springs (Versteeg) (5.7 acres from 380.0
acres)
PNR 06-032 - Williamson Act Contract No. 09147, Ag
Preserve 03231, north of Tipton (Pitgliano) (1.49 acres from 246.7 acres)
PNR 06-033 - Williamson Act Contract No. 05633, Ag
Preserve 01195, southwest of Woodlake (Schauffele) (1.12 acres from 67.22
acres)
PNR 06-035 - Williamson Act Contract No. 03507, Ag
Preserve 00734, in Teviston (Laemmlen) (1.49 acres from 29.24 acres)
PNR 06-036 - Williamson Act Contract No. 03421, Ag
Preserve 00734, in Teviston (Laemmlen) (1.49 acres from 38.3 acres)
PNR 06-037 - Williamson Act Contract No. 03592, Ag
Preserve 00902, west of Waukena (Orisio) (3.9 acres from 38.5 acres)
PNR 06-038 - Williamson Act Contract No. 03672, Ag
Preserve 00819, northwest of
PNR 06-039 - Williamson Act Contract No. 18123, Ag
Preserve 04330, west of Poplar (Tri Star Dairy) (1.48 acres from 77.62 acres)
PNR 06-040 - Williamson Act Contract No. 05877, Ag
Preserve 01531, east of Kingsburg (Lewis) (1.25 acres from 151.59 acres)
PNR 06-041 - Williamson Act Contract No. 05570, Ag
Preserve 01754, southeast of Ivanhoe (Borges) (1.0 acres from 50.51 acres)
PNR 06-042 - Williamson Act Contract No. 04802, Ag
Preserve 01501, in Cutler (Kausen) (1.0 acres from 79.54 acres)
PNR 06-043 - Williamson Act Contract No. 04908, Ag
Preserve 02000, south of Farmersville (Martella) (8.06 acres from 212.70 acres)
PNR 06-044 - Williamson Act Contract No. 03602, Ag
Preserve 00646, south of Farmersville (Hilarides) (0.49 acres from 384.64
acres)
PNR 06-045 - Williamson Act Contract No. 03602, Ag
Preserve 02070, north of Orosi (
PNR 06-046 - Williamson Act Contract No. 04665, Ag
Preserve 01475, south of Dinuba (Ibara) (1.38 acres from 36.7 acres)
PNR 06-047 - Williamson Act Contract No. 03703, Ag
Preserve 00890, south of Dinuba (French) (1.2 acres from 58.5 acres)
PNR 06-048 - Williamson Act Contract No. 08326, Ag
Preserve 00291, north of
PNR 06-049 - Williamson Act Contract No. 05368, Ag
Preserve 01477, north of
PNR 06-050 - Williamson Act Contract No. 04226, Ag
Preserve 00157, north of
PNR 06-051 - Williamson Act Contract No. 09183, Ag
Preserve 03154, east of Kingsburg (
PNR 06-053 - Williamson Act Contract No. 09145, Ag
Preserve 03323, south of
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
(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
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
Applicant Reni Garrett of Zoning Administrator's denial of Zone Variance Number
PZV 08-026 (ZA) to create two 2.5 acre parcels from a 5 acre parcel in the
AE-40 Zone, north of
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
General
Plan Amendment to Farmersville Area Land Use Plan (GPA 08-003) and Amendment to
Tulare County Zoning Ordinance for Zone Change for north of Farmersville (PZ
08-005). Board of Supervisors Agenda
Item, February 10, 2009.
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
General
Plan Amendment to Three Rivers Community Plan (GPA 07-007) and Amendment to
Tulare County Zoning Ordinance for Zone Change for Three Rivers (PZ
07-011). Board of Supervisors Agenda
Item, February 10, 2009.
Next Item(s)
Sitting as...
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, February 10, 2009.
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 3
Williamson
Act Contract Amendments and Policy.
Board of Supervisors Agenda Item, February 10, 2009.
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 4
Proposed
Next Item(s)
Sitting as...
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...
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Storey, Micha et al v.
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case:
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 3
Proposed
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Service Employees International
Union Local 521 v.
Next Item(s)
Sitting as...
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...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property:
1055 W Henderson,
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Andy Mangano
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
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...