(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from Resource Management to certify that it has reviewed
and considered the information contained in the Negative Declaration for the
proposed 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, near Tagus Ranch, 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, 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 that 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. 8415. 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.
(Consent Calendar)
CONSENT CALENDAR (Number 4 through 21)
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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
4.
Ratify
and approve an agreement with the California Department of Food and Agriculture
to provide State subvention funding to offset costs of pest detection trapping
for exotic insect pests, retroactive to July 1, 2008 through June 30,
2010. 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
5.
Ratify
the following Proclamations: Honoring
Jennifer McCoun for her Lasting Contributions to Tulare County; and Declaring
February 28, 2009 as "World Thinking Day" in Tulare County.
6.
Approve
the appointment of Carol Pightling to the Solid Waste Management Technical
Advisory Committee as the County Administrative Officer's Designee to serve at
the pleasure of the Board.
7.
Approve
the appointment of Anna Smith to the Emergency Medical Care Committee as
Primary Member, Seat No. 3, Ambulance Dispatch, Tulare County Consolidated
Ambulance Dispatch, to serve at the pleasure of the Board. Approve the appointment of John Porter Fisher
to the Emergency Medical Care Committee as Primary Member, Seat No. 12,
Ambulance Provider, California Hot Springs Ambulance, to serve at the pleasure
of the Board.
8.
Approve
the appointment of Ron Rupp to the Agricultural Advisory Committee as Building
Industry representative for a term ending June 30, 2012.
9.
Approve
the appointment of John Crabtree to the Deferred Compensation Committee as
District 2 full-time County employee representative for a term ending January
2, 2013.
10.
Approve
the reappointment of Joe Machado to the Kings Mosquito Abatement District as
Trustee representing Tulare County for a term ending January 2, 2011.
11.
Request
from Tulare County Economic Development Corporation to approve the 2008/2009
Comprehensive Economic Development Strategy Report.
County Administrative Office
12.
Authorize
submission of two grant applications for the 2008-2009 Fiscal Year to the
Indian Gaming Local Community Benefit Committee, Senate Bill 621 Local
Government Mitigation funding. Authorize
County Administrative Office's request of $300,791 for communications equipment
upgrades. Authorize Resource Management
Agency's request of $250,000 for road repairs to Tule River Reservation Road
(M137).
Fire Department
13.
Approve
the use of United States Department of Agriculture grant funds in the amount of
$60,000 to purchase equipment for existing fire apparatus to enhance emergency
services in the South County rural areas.
Approve the necessary budget adjustments. (4/5ths vote)
Health & Human Services Agency
14.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
15.
Ratify
and approve an amendment to Agreement No. 23750 with Kings River Union
Elementary School District for Tulare County Health and Human Services Agency
(HHSA), as the Local Government Agency, to act as the claims processing agent
of Medi-Cal Administrative Activities claims on behalf of their school
district, retroactive to July 1, 2008 through June 30, 2010. 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 amendments to Agreement Nos. 23379 and 23380 with Psynergy Programs
Inc. d.b.a. Nueva Vista to update Exhibits "A," "B," and
"B-1" of Agreement No. 23379 and to update Exhibits "A" and
"B" of Agreement No. 23380 to continue the provision of Adult
Residential and Medi-Cal mental health services, 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.
Probation
17.
Approve
a Federal Equitable Sharing with the U.S. Department of Justice that will
permit the Probation Department to participate in and receive funds from the
Federal Asset Forfeiture Funds.
Resource Management Agency
18.
Authorize
the submittal of an application to the Governor's Office of Homeland Security
in the amount of $112,761 for Proposition 1B funding for Transit System
security enhancements.
19.
Ratify
and approve an amendment to Agreement No. 21029 with John F. George and Donna
Taber George at property located at 26644 South Mooney Boulevard, Building B,
in the City of Visalia, retroactive to March 1, 2008. Find that the Board had authority to enter
into the proposed agreement as of March 1, 2008, and that it was in the
County's best interest to enter into the agreement on that date.
20.
Ratify
and approve an amendment to Agreement No. 22120 with Tartaglia Engineering,
Inc. to extend the term from June 30, 2008 to June 30, 2009 and increase the
amount of the Agreement from $199,782 to $214,629. Find that the Board had authority to enter
into the proposed amendment to Agreement No. 22120 as of June 30, 2008 and that
it was in the County's best interest to enter into the Agreement on that
date. Ratify and approve an Agreement in
the amount of $128,452.09 with Tartaglia Engineering, Inc. for construction
administration services for the Rehabilitation of Runway 13-31 at Sequoia Field
Airport from June 9, 2008 to June 30, 2009.
Find that the Board had authority to enter into the proposed Agreement
as of June 9, 2008 and that it was in the County's best interest to enter into
the Agreement on that date.
21.
Ratify
and approve an agreement with the California Department of Boating and
Waterways, Equipment Grant Application, in the amount of up to $80,000, to
purchase a replacement patrol boat and trailer for the replacement of the 1988
Alumaweld patrol boat (CF2447) and trailer, retroactive to September 24,
2008. Find that the Board had the
authority to enter into the proposed agreement as of September 24, 2008 and
that it was in the County's best interest to enter into the agreement on that
date. Approve the purchase of the fixed
asset. Approve the necessary budget
adjustments. (4/5ths vote)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
22.
Request
from Resource Management Agency to allow the applicant Damaris Rodriguez and
Rene Duenas to file a Zone Change Initiation (PZI 08-004) application on
approximately 44.9 acres from AE-40 (Exclusive Agriculture - 40 acre minimum)
to R-A-M 12.5 (Rural Residential Special Mobilehome - 12,500 sq. ft. minimum)
on parcels located on the northwest corner of Avenue 24 and Road 84
approximately ½ mile west of State Highway 43, south of Allensworth.
23.
Request
from County Administrative Office to approve Amendment No. 2 to the
Pass-Through Agreement between Tulare County, the City of Tulare and the Tulare
Redevelopment Agency with the County contribution of 37.5% of assessed
valuation over $94,215,000 pertaining to redevelopment assistance to Land O'
Lakes, subject to review as to form by County Counsel.
(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: 3
Proposed
Second Amendment to Pass-through Agreement between Tulare County
and the City of Tulare Redevelopment Agency.
Board of Supervisors Agenda Item, March 10, 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:
Change of
Zone PZ 08-010 from AE-40 to AE-20 Zone on 187.94 acre site consisting of three
parcels (one for financing purposes only) to create nine 20 acre parcels and
one home-site parcel. Dr. Sarjit Malli, south of Visalia. Board of Supervisors Agenda Item,
March 10, 2009.
Next Item(s)
Sitting as...
ITEM
C
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
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
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
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Rader, Tanya, et al v. County
of Tulare, et al
Tulare County Superior Court Case Number 07-225967
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
Submission
of Application to File Late Claim filed by Jacob C. Yarbrough
Next Item(s)
Sitting as...
ITEM
G
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...
