1.
Request
from the County Librarian to Proclaim April 7, 2009 as Adult Literacy Day in
Tulare County.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from Resource Management Agency to continue the
Public Hearing from March 10, 2009 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.
5.
PUBLIC
HEARING: Request from Resource Management Agency to receive public
comment on obtaining Federal Transit Administration (FTA) Section 5311 grant
funding for the following: One (1) 22-passenger Compressed Natural Gas
(CNG) bus; Three (3) 24-passenger CNG
buses; Two (2) 8-passenger CNG buses for Dial-A-Ride routes; and Eighteen (18)
manual fare boxes for the transit fleet.
Authorize the submittal of two grant applications to the State of California, Department
of Transportation (Caltrans) for transit capital purchases in the amount of
$180,000 and $791,792.
6.
PUBLIC
HEARING: Request from Resource Management
Agency to deny the appeal filed by Bill Pensar and uphold the Planning
Commission's decisions as set forth in Planning Commission Resolution Nos. 8405
and 8406 for the Lemon Cove Granite Surface Mining Permit and Reclamation Plan
No. PMR 03-001.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 28)
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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
7.
Ratify
and approve an agreement with the California Crop Improvement Association for
providing supervision of seed certification, retroactive to April 1, 2009
through March 31, 2010. Find that the
Board had authority to enter into the proposed agreement as of April 1, 2009,
and that it was in the County's best interest to enter into the agreement on
that date.
Auditor-Controller/Registrar of Voters
8.
Approve
the fixed asset purchase of the Election Information Management System in the
amount of $15,000 for use in Voter Registration and Candidate filing. Authorize the Purchasing Agent to execute all
purchase orders and agreements necessary to complete the purchase and
installation. Approve the necessary
budget adjustments. (4/5ths vote)
Board of Supervisors
9.
Appoint
Marjorie Boyer to the Tulare County Library Advisory Board as District 2 -
Regular Member for a term ending December 31, 2012.
10.
Appoint
Bill C. Greer to the Tulare County Library Advisory Board as District 3 -
Regular Member for a term ending December 31, 2012.
11.
Appoint
Bill Parker to the Tulare County Library Advisory Board as District 5 - Regular
Member for a term ending December 31, 2012.
12.
Appoint
Rachele Bergland Bailey to the Tulare County Library Advisory Board as Member
At-Large for a term ending December 31, 2012.
District Attorney
13.
Approve
an amendment to Agreement No. 23152 with the State of California, Victim
Compensation and Government Claims Board, to accept an increase in the amount
of $18,675 to assist victims of crime with compensation claims, retroactive to
July 1, 2007 through June 30, 2009. Find
that the Board had the authority to enter into the proposed amendment as of
July 1, 2007, 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)
14.
Ratify
and approve the Grant Award Agreement with the Governor of California's Office
of Emergency Services to accept continued grant funding in the amount of
$54,400 or as modified, with a County match of $13,600 for the Elder Abuse
Advocacy and Outreach Program for Fiscal Year 2008/2009. Find that the Board had authority to enter
the proposed agreement as of July 1, 2008, and that it was in the best interest
of the County to enter into the agreement on that date. Ratify and approve the Grant Award Agreement
with the Governor of California's Office of Emergency Services to accept
continued grant funding in the amount of $64,000, with a County match of
$16,000 for the Elder Abuse Advocacy and Outreach Program for Fiscal Year
2007/2008. Find that the Board had
authority to enter the proposed agreement as of July 1, 2007, and that it was
in the best interest of the County to enter into the agreement on that
date. Certify that the grant funds
received hereunder shall not be used to supplant expenditures controlled by
this body.
15.
Ratify
and approve the Grant Award Agreement with the Governor of California's Office
of Emergency Services to accept continued grant funding in the amount of
$258,730, or as modified, for the Victim/Witness Assistance Program for Fiscal
Year 2008/2009, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
the proposed agreement as of July 1, 2008, and that it was in the best interest
of the County to enter into the agreement on that date. Certify that the grant funds received hereunder
shall not be used to supplant expenditures controlled by this body.
16.
Ratify
and approve the Grant Award Agreement with the Governor of California's Office
of Emergency Services to accept continued grant funding in the amount of $93,500
or as modified, with a County match of $23,375 for the Special Emphasis Victim
Assistance Program for Fiscal Year 2008/2009, retroactive to July 1, 2008
through June 30, 2009. Find that the
Board had authority to enter the proposed agreement as of July 1, 2008, and
that it was in the best interest of the County to enter into the agreement on
that date. Certify that the grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
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.
Appoint
Christina Jones (At-Large Member) to the Tulare County Child Care Development
and Planning Council for a term ending June 30, 2010; move Mary Thomas from the
Public Agency category to the Community Representative category for a term
ending June 30, 2010; and accept the resignation of Edwin Ortiz-Nance
(Community Representative). Direct the
Clerk of the Board to recruit for the listed vacancies per the provisions of
the Maddy Act.
19.
Ratify
and approve an agreement with the California Department of Social Services to
allow for reimbursement from the Social Security Administration to California
Interim Assistance Agencies for Interim Assistance Payments, retroactive to
July 1, 2008 through June 30, 2013. 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.
20.
Authorize
the Tulare County Mental Health Director to sign the County Certification and
submit the Mental Health Services Act, Prevention and Early Intervention
Component of the Three-Year Program and Expenditure Plan to the State
Department of Mental Health. Accept
funding of $3,802,576 in Fiscal Year 2008/2009 and $4,329,400 in Fiscal Year
2009/2010, for a total revenue amount of $8,131,976 upon approval of the Mental
Health Services Act, Prevention and Early Intervention Component of the
Three-Year Program and Expenditure Plan by the State Department of Mental
Health. Approve the necessary budget
adjustments. (4/5ths vote)
Resource Management Agency
21.
Authorize
the submittal of two Safe Routes to School Grant applications to the State of
California (Caltrans) to construct curb, gutter and sidewalks in the amount of
$521,730 in the Community of Earlimart and $610,995 in the Community of Pixley.
22.
Set
a Public Hearing for April 28, 2009 at 9:30 a.m., or thereafter, to consider
the intent to vacate Road 128 between Avenue 136 and Avenue 144 southeast of
the community of Tipton. Direct the
Resource Management Agency to publish and post the Notice of public hearing in
accordance with the Streets and Highways Code.
23.
Approve
the Road Maintenance Agreement with the City of Lindsay for operation and
maintenance of roads located in the County's jurisdiction to include: Avenue
232 (Tulare Road) from the existing city limits approximately 1,503 feet west
of Road 228 (Strathmore Avenue) to Road 228 (Strathmore Avenue); Road 228
(Strathmore Avenue) from Avenue 232 (Tulare Road) to Avenue 234 alignment; and
Road 214 (Sequoia Avenue) from Avenue 236 (Hickory Street) to Avenue 238 (Fir
Street).
24.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from 27210 Road 108 LLC, a California Limited Liability
Company for the Road 108 Widening Project in the amount of $225,000 subject to
approval as to form by County Counsel.
Authorize County Counsel to sign
the Grant Deed and Temporary Construction Easement acceptances upon
presentation. Authorize the Resource
Management Agency Director or his designee to open an escrow, sign all
documents relating to the Relocation Benefits.
Direct the Auditor to draw a warrant in the amount of $225,800 in favor
of Chicago Title Company. Direct the
Auditor to draw a warrant up to the amount of $26,451 in favor of the tenant,
Charles Ray, upon request of Resource Management Agency.
25.
Authorize
the filing of Notices of Partial Non-renewal for thirteen (13) Land
Conservation Contracts as provided in the Williamson Act. These requests
fulfill conditions resulting from lot line adjustments and parcel maps for the
creation of home sites as follows:
PNR 04-006 - Williamson
Act Contract No. 09183, Ag Preserve 03154, west of
Dinuba (Jackson)
(1.49 acres from 85.99 acres)
PNR 04-030 - Williamson
Act Contract No. 03649, Ag Preserve 00789, northwest of Tipton (Tristao) (1.49
acres from 160.42 acres)
PNR 07-008 - Williamson
Act Contract No. 04785, Ag Preserve 01463, southwest of Visalia (Miller) (1.63 acres from 239.57
acres)
PNR 07-010 - Williamson
Act Contract No. 06240, Ag Preserve 02020, northwest of Dinuba (Long) (1.73
acres from 19.55 acres)
PNR 07-012 - Williamson
Act Contract No. 10821, Ag Preserve 03719, northwest of Lemon Cove (Wohlford)
(1.50 acres from 38.04 acres)
PNR 07-015 - Williamson
Act Contract No. 07319, Ag Preserve 01439, northeast of Orosi (Kuykendall)
(1.01 acres from 39.70 acres)
PNR 07-019 - Williamson
Act Contract No. 04123, Ag Preserve 01024, south of Ivanhoe (Brady) (2.66 acres
from 67.04 acres)
PNR 07-020 - Williamson
Act Contract No. 07029, Ag Preserve 02395, northeast of Earlimart (Bal, Singh,
Kaur, Nijjar) (1.49 acres from 178.06 acres)
PNR 07-021 - Williamson
Act Contract No. 10128, Ag Preserve 01859, east of Kingsburg (Swenning) (1.73
acres from 264.04 acres)
PNR 07-022 - Williamson
Act Contract No. 03094, Ag Preserve 00479, southwest of Exeter (Rodriguez, Stout) (1.29 acres from
332.98 acres)
PNR 07-023 - Williamson
Act Contract No. 08290, Ag Preserve 02882, southeast of Tulare (Presley) (1.49 acres from 160 acres)
PNR 07-027 - Williamson
Act Contract No. 05144, Ag Preserve 01383, southwest of Dinuba (Adolph) (1.01
acres from 18.93 acres)
PNR 07-029 - Williamson
Act Contract No. 04863, Ag Preserve 01635, east of Dinuba (Mittry) (1.64 acres
from 38.62 acres)
26.
Approve
a proclamation declaring the month of April as Fair Housing Month in the County
of Tulare.
Sheriff/Coroner
27.
Authorize
the submission of a grant application to the Community Oriented Policing
Services (COPS) division of the U.S. Department of Justice for a COPS Hiring
Recovery Program grant.
28.
Authorize
the fixed asset purchase of a Forklift in the amount of $19,500 to be used for
the Inmate Programs Division, purchased with funds from the Inmate Welfare
Fund. Approve the necessary budget
adjustments. (4/5ths vote)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
29.
Request
from District Attorney to approve the Recovery Act: Edward Byrne Memorial
Justice Assistance Grant Formula Program, Single Joint Application, in the
amount of $1,170,789, through the U.S. Bureau of Justice Assistance. Authorize the Board Chairman to sign the
Memorandum of Understanding between the County of Tulare and cities of Visalia,
Tulare, Porterville, Dinuba, Exeter, Lindsay, Woodlake, and Farmersville
regarding the distribution and use of Recovery Act Justice Assistance Grant
funds, for the period of June 1, 2009 through June 30, 2011, subject to
approval as to form by County Counsel.
30.
Request
from the Fire Department to approve discontinuing Fire Department Priority 2
Emergency Medical Services responses to areas immediately adjacent to cities
which experience rapid ambulance response times, effective May 1, 2009. Confirm the Fire Chief's authority to
evaluate and modify the Fire Department's response to all lower level Priority
3-8 calls throughout the County protected areas.
31.
Request
from Resource Management Agency to present a report on the current status of
the Tulare County Williamson Act Program.
(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: 2
Change of
Zone PZ 08-010 from AE-40 to AE-20 on a 187.94 acre site near Targus Ranch, Dr.
Sarjit Malli. Board of Supervisors
Agenda Item, April 7, 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
Lemon Cove
Granite Surface Mining Permit and Reclamation Plan Number PMR 03-001. Appeal filed by Bill Pensar. Board of Supervisors Agenda Item, April 7,
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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Loss Protection & Investigations, Inc. v. County of Tulare,
et al
Tulare County Superior Court Case Number 08-227661
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Service Employees International Union Local 521 v. County of Tulare
Unfair
Practice Charge Number SA-CE-559-M
Next Item(s)
Sitting as...
ITEM
F
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...
