(Public Comment Period)
1.
Introduction
of Raymond Macareno, Executive Director of the Tulare Kings Hispanic Chamber.
2.
Recognize
Susan Ray for her 40 years of County service.
3.
Public
Comments.
4.
Board
of Supervisors matters.
5.
11:00
a.m. Hold a Joint Workshop with the Tulare County Planning Commission to
receive a presentation from County Counsel pertaining to Due Process,
Entanglement, Bias and Conflict of Interest in discretionary Land Use Matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from the County
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.
7.
PUBLIC
HEARING: Request from the 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 $1,750 due to the Resource Management
Agency) for the appeal filed by Robert J. Owen, regarding the decision of the
Zoning Administrator denying Zone Variance No. PZV 08-027 (ZA) to allow the
creation of a 0.37 acre home site parcel from an original parcel (4.70 acres)
containing less acreage than required in the AE-10 (Exclusive Agricultural-10
acre minimum) Zone, located on the east side of Road 252 (Plano Street),
approximately 1,350 feet south of Scranton Avenue, south of Porterville.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 32)
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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
8.
Approve
and authorize the Chairman to sign the Application for Federal Assistance
(Standard Form 424), retroactive to December 1, 2007 through November 30, 2008.
Ratify, approve and authorize the
Chairman to sign a revision to Agreement No. 23342 with the United States
Department of Agriculture pertaining to Revision No. 08-01, which decreases the
award amount by $1,043,410.83 for a total award of $706,589.17 for the Area
Wide Glassy-winged Sharpshooter Management Program, retroactive to December 1,
2007 through November 30, 2008. Find
that the Board had authority to enter into the proposed agreement as of
December 1, 2007 and that it was in the County's best interest to enter into
the agreement on that date.
Auditor-Controller/Registrar of Voters
9.
Review
and accept the Certified Statement of Vote for the January 27, 2009 Special
Runoff Election for Earlimart Elementary School District as submitted by the
Registrar of Voters for those Offices which the Board of Supervisors is the
governing body.
Board of Supervisors
10.
Reappoint
Thomas M. Lampe to the Tulare Public Cemetery District for a term ending at
Noon on January 7, 2013.
11.
Appoint
Garry Maynard to the Poplar Community Services District for a short term ending
December 4, 2009.
12.
Appoint
Thomas C. Brodersen, Member-County Bar, to the Law Library Board of Directors
for a term ending December 31, 2009.
13.
Appoint
Donnie Moore to the Tulare County Youth Commission, Member At-Large, for a term
ending June 24, 2011.
Cooperative Extension
14.
Ratify
and approve an agreement with the California Department of Food and Agriculture
in the amount of up to $16,758 for providing services in the support of Tulare
County Weed Management Area for Detection, Eradication and Containment of
Yellow Starthistle at the Eastern Leading Edge of the Sierra Nevada Foothills
of Tulare County, retroactive to January 1, 2009 through December 31,
2009. Find that the Board had authority
to enter into the proposed agreement as of January 1, 2009 and that it was in
the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote)
County Administrative Office
15.
Ratify
actions taken by the County Administrative Officer during the month of January
2009 pertaining to Personnel/Payroll Changes and Good Works Funding Agreements.
16.
Accept
the Main Jail FM-200 Fire Suppression System as a completed project by Velis
Engineering, Inc. Authorize the Chairman
to sign the Notice of Completion. Direct
the Clerk of the Board to record the Notice of Completion with the Office of
the Tulare County Clerk-Recorder.
Health & Human Services Agency
17.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
18.
Authorize
the Tulare County Health and Human Services Agency (HHSA), Department of Mental
Health to apply for grant funding under the Category II: Planning and
Implementation phase in the amount of $250,000 from the U.S. Department of
Justice's Office of Justice Programs' Bureau of Justice Assistance and
authorize the Agency Director or his designee to sign the grant application; to
increase public safety through innovative cross-system collaboration for
individuals with mental illness who come in contact with the criminal or
juvenile justice system.
19.
Ratify
and approve an agreement with Proteus, Inc. in the amount of $316,975 to
provide comprehensive job services to clients of TulareWORKs, retroactive to
January 1, 2009 through June 30, 2009.
Find that the Board had authority to enter into the proposed agreement
as of January 1, 2009 and that it was in the County's best interest to enter
into the agreement on that date.
20.
Ratify
and approve an agreement with See and Company in the amount of $185,726 to
provide comprehensive job services to clients of TulareWORKs, retroactive to
January 1, 2009 through June 30, 2009.
Find that the Board had authority to enter into the proposed agreement
as of January 1, 2009 and that it was in the County's best interest to enter
into the agreement on that date.
21.
Ratify
and approve the acceptance of the California Integrated Waste Management Board
for the Household Hazardous Waste Grant (17th Cycle) in the amount of $99,732
for the purchase of approved sharps containers for home generated sharps waste,
retroactive to October 2008 through April 15, 2011. Find that the Board had authority to enter
into the proposed agreement as of October 2008 and that it was in the County's
best interest to enter into the agreement on that date. Approve the necessary budget
adjustments. (4/5ths vote)
22.
Ratify
and approve the Business Associate Agreement with Tulare Local Health Care
District for the sharing of medical information, retroactive to February 9,
2009 until terminated by either party.
Find that the Board had authority to enter into the proposed agreement
as of February 9, 2009 and that it was in the County's best interest to enter
into the agreement on that date; and approve the Tulare County Medical Services
(TCMS) Agreement with Tulare Local Health Care District to provide medical
services to TCMS eligible clients.
23.
Ratify
and approve an agreement between Independence Medical Group Central California,
Inc. and Tulare County Health and Human Services Agency (HHSA) to allow HHSA to
provide Primary Care medical services and other health care to enrollees of
plans listed with Independence Medical Group Central California, Inc.,
retroactive to January 1, 2009 through December 31, 2010. Find that the Board had authority to enter
into the proposed agreement as of January 1, 2009 and that it was in the
County's best interest to enter into the agreement on that date.
Library
24.
Ratify
and approve the submittal of a Special Project Grant application to First 5
Tulare County in the amount of $5,800 to purchase books for the Every Child
Ready to Read at Your Library and Early Learning for Families programs of the
Tulare County Library Literacy Division.
Accept the grant award in the amount of $5,800. Approve the necessary budget adjustments.
(4/5ths vote)
Resource Management Agency
25.
Authorize
the Civil War Reenactment at Mooney Grove Park, including the discharge of
firearms (limited to blank ammunition), on March 5-8, 2009. Authorize overnight camping during the event
by participants. Authorize the use of
fire pits.
26.
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 08-010, from the AE-40
(Exclusive Agricultural-40 acre minimum) Zone to the AE-20 (Exclusive
Agricultural 20-acre minimum) Zone on a 187.94 acre site, consisting of three
parcels (one is for financing purposes only), located on the east side of
Highway 99 on the south side of Avenue 272, approximately 4,080 feet west of
Road 100, south of Visalia. Set a Public
Hearing for March 10, 2009 at 9:30 a.m.
27.
Accept
the following public road improvements as complete and into the maintained mileage
system: Thurman Avenue from Elderwood Street to Redwood Street and Redwood
Street from Olive Avenue to Thurman Avenue, west of the City of Porterville.
28.
Approve
an amendment to Agreement No. 23597 with Central Valley Christian Housing
Development, Inc. to add Exhibit F - Compliance Requirements to the County's
07-HOME-3083 Housing Rehabilitation Program.
29.
Ratify
and approve an amendment to Agreement No. 23493 with EBA Engineering to
increase the contingency amount to $86,322 for construction quality assurance
services for the Visalia Landfill Phase 2 Expansion Project, retroactive to
November 11, 2008 . Find that the Board
had authority to enter into the proposed amendment to the agreement as of
November 11, 2008, and that it was in the County's best interest to enter into
the amendment to the agreement on that date.
30.
Provide
financial assurance for closure costs for the Orosi Landfill by establishing a
liability account in the Solid Waste Enterprise Fund. Provide financial assurance for postclosure
maintenance and corrective action for the Orosi Landfill in the form of a
Pledge of Revenue Agreement. Approve the
Pledge of Revenue Agreement establishing financial assurance for postclosure
maintenance and corrective action of the Orosi Landfill.
Sheriff/Coroner
31.
Ratify
and approve a Memorandum of Understanding between the Tulare County Sheriff's
Department and the United States Marshals Service Eastern District of
California to establish a Multi-agency Fugitive Task Force for fugitive
investigations, retroactive to January 20, 2009 and to remain in effect
indefinitely. Find that the Board had
the authority to enter into the proposed agreement as of January 20, 2009, and
that it was in the County's best interest to enter into the agreement on that
date.
Treasurer/Tax Collector
32.
Approve
the addendum to the "Authorized Investment Instruments" section of
the Treasurer/Tax Collector's Statement of Investment Policy for Fiscal Year
2008/2009, pursuant to Government Code Section 53646.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
33.
Recognize
the Resource Management Agency/Support Services/Facilities Management Division
for receiving the CCFSA 2008 Award of Excellence.
34.
Request
from Resource Management Agency to consider temporary receivership of the
Seville Water Company and to take any necessary actions related thereto.
35.
Request
from Human Resources & Development to affirm that the County and SEIU have
reached an agreement on the layoffs of the Health & Human Services Agency
employees. Accept recommendations on the
agreement that will be presented verbally and approve implementation of the
agreement; OR Provide an opportunity for representatives of SEIU to discuss
their final proposal and comment on the County recommendations; OR Resolve the
impasse and unilaterally adopt the County proposal presented to SEIU regarding
impacts to employees laid off in the Health & Human Services Agency,
resulting from the closure of two clinics and reduction in funding.
36.
Request
from County Administrative Office to introduce and waive the first reading of
an uncodified Urgency Ordinance amending Tulare County Ordinance No. 652
pertaining to the extension of the expiration date of the existing Southern
California Gas Company franchise to February 28, 2010. (majority vote) Find that based on the evidence before the
Board, disruption of the orderly operation of the gas franchise in Tulare
County will adversely affect the public peace, health and safety within Tulare
County. Adopt an uncodified Urgency
Ordinance extending the expiration date of the existing gas franchise of Gas
Company to midnight on February 28, 2010.
(4/5ths vote)
(Closed Session)
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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: 1
Fire
hazard abatement cost recovery - accounting for costs, recording, and placing
on tax roll as special assessments against respective parcels of land. Board of Supervisors' Agenda Item, February
24, 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
Appeal of
Zoning Administrator Decision Number 3002 denying Zone Variance Number PZV
08-027 (ZA) requested by Robert J. Owen to allow a home-site parcel (.37 acres)
from an original parcel (4.70 acres) containing less acreage than required in
the AE-10 Zone on property south of Porterville. Board of Supervisors Agenda Item, February
24, 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: 1
Urgency
Ordinance extending franchise with Southern California Gas Company. Board of Supervisors Agenda Item, February
24, 2009.
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: 2
Consider
temporary receivership of Seville Water Company. Board of Supervisors Agenda Item, February
24, 2009.
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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare
v. City of Tulare,
et al
Tulare County Superior Court Case Number 09-231275
Next Item(s)
Sitting as...
ITEM
G
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
H
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
I
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
J
CONFERENCE WITH LEGAL COUNSEL
- ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 4
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Lara, Marissa v County of Tulare
Tulare County Superior Court Case Number 08-228923
Next Item(s)
Sitting as...
ITEM
L
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
M
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
N
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 ElectedNext
Item(s) Sitt
