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

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 636-5000

FAX (559) 733-6898


March 10, 2009

 

9:00 A.M. Board Convenes

 

PLEDGE OF ALLEGIANCE

 

Moment of Silence

 

 

 

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)

 

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)

 

 

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

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 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)

 

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: 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...