(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 Agency to deny the appeal
filed by Jan Kahn of Kahn, Soares, & Conway for Mike Ribeiro for Special
Use Permit No. PSP 05-060 to construct and operate a new dairy to accommodate a
maximum of 2,637 total animal units (3,200 Jersey
milk cows plus support stock). The subject site is located on the south side of
Avenue 164 between Road 120 and Road 124, approximately 1 mile northeast of
Tipton in Tulare County.
Uphold the Planning Commission's Resolution No. 8427 (certification of
the Final Environmental Impact Report, Adoption of a Mitigation Monitoring Plan
and Statement of Overriding Considerations) and Resolution No. 8428 for the
approval of the FM Jerseys Dairy Special Use Permit No. 05-060. Direct staff to file a new Notice of
Determination as required by State law.
(Consent Calendar)
CONSENT CALENDAR (Number 4 through 34)
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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.
Approve
an agreement with the California Department of Food & Agriculture for the
survey and detection of Red Imported Fire Ants, effective July 1, 2009 through
June 30, 2010.
5.
Approve
an agreement with the California Department of Food and Agriculture for the
purpose of regulating maturity and freeze damage of all oranges, lemons and
mandarins being produced and/or processed in the County, effective July 1, 2009
through June 30, 2010.
Auditor-Controller/Registrar of Voters
6.
Review
and accept the Certified Statement of Vote as submitted by the Registrar of
Voters for those Measures for which the Board of Supervisors is the Governing
Body.
Board of Supervisors
7.
Ratify
the following Proclamations: Honoring Teddy
Wong for his Longstanding Community Efforts in Tulare County; Honoring Natasha
Efseaff for her Efforts in Education; Patrick Delgado for his Efforts in
Education; Honoring Reece Jacob Miller for Earning the Rank of Eagle Scout; and
Honoring John Beck upon his Retirement from the Tulare City School District.
8.
Reappoint
Guy M. Christian to the In-Home Supportive Services as Member At-Large, Seat 9
for a term ending June 30, 2012.
9.
Reappoint
Ed Murray to the Fish and Game Commission, District One Representative for a
term ending September 4, 2010.
10.
Approve
sending a letter of opposition to Senate Bill 787, which would eliminate the
word "navigable" from the definition of "waters of the United
States."
County Counsel
11.
Approve
the Conflict of Interest Codes for the following agencies: Lindsay-Strathmore Public Cemetery; Lindsay
Unified School District; Tulare Veteran's Memorial District; Tulare County
Public Law Library; and Tulare County Child Care Planning Council.
County Administrative Office
12.
Approve
the Memorandum of Understanding between Tulare County Superior Court and the
County of Tulare for 2009/2010 for providing a variety of services to the
Courts.
13.
Ratify
actions taken by the County Administrative Officer during the month of May 2009
regarding Personnel/Payroll Changes and Good Works Funding Agreements.
14.
Authorize
the County Administrative Officer or his designees to suspend or/and cancel
Board Contracts, Vendor Agreements and Purchasing Agent Agreements. Direct the County Administrative Officer to
report all cancellations through the County Administrative Delegation Report.
District Attorney
15.
Approve
an agreement with the State of California, Victim Compensation and Government
Claims Board for the Victim Compensation and Government Claims Program in the
amount of $518,727 to ensure that procedures are appropriately established to
verify, file and adjudicate claims for the un-reimbursed financial losses for
victims of crime, effective July 1, 2009 through June 30, 2012.
16.
Approve
an agreement with the State of California, Victim Compensation and Government
Claims Board for the Revolving Fund to pay victim expenses on an emergency
basis, effective July 1, 2009 through June 20, 2011.
17.
Approve
an agreement with the State of California, Victim Compensation and Government
Claims Board for the Restitution and Recovery Program in the amount of $85,000,
effective July 1, 2009 through June 30, 2010.
Health & Human Services Agency
18.
Approve
a request to rescind the Declaration of Emergency for the Tulare County H1N1
Swine Influenza outbreak that was adopted May 5, 2009 with Resolution No.
2009-0332.
19.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
20.
Ratify
and approve an amendment to Agreement No. 19959 with Kaweah Delta Health Care
District effective July 1, 2008 through June 30, 2009 for the provision of
mental health services consisting of 24-hour medically necessary acute
psychiatric inpatient care, special treatment services, and crisis
stabilization to Tulare County residents from Kaweah Delta Mental Health
Hospital, to update the Rate Structure listed Paragraph 4.1, retroactive to
July 1, 2008 through June 30, 2009.
21.
Ratify
and approve an agreement with the California State University, Fresno
Foundation to renew the Central California Regional Obesity Prevention Program
to create changes in our environment that support healthy eating and active
living, for the period January 1, 2009 through June 30, 2010.
22.
Approve
the renewal agreement with the State Water Resources Control Board for funding
the Local Oversight Program (LOP) that provides for local oversight of the
investigation and remediation of leaking underground storage tanks in Tulare
County from July 1, 2009 through June 30, 2010.
23.
Approve
a renewal agreement with the Department of Health Care Services for the
Medi-Cal Administrative Activities (MAA) Program to improve the availability
and accessibility of Medi-Cal Services to Medi-Cal eligible and potentially
eligible individuals and their families, from July 1, 2009 through June 30,
2012.
24.
Approve
a Memorandum of Understanding with the Tulare County Office of Education to
receive funds in the amount of $177,578 for the continued provision of mental
health services to Special Education Pupils pursuant to the requirements of
Assembly Bill 3632 from July 1, 2009 through June 30, 2010.
Information Technology
25.
Approve
the Fixed Asset purchase of a Cisco 7204 Router at a cost not to exceed
$27,030. Additionally, direct the
purchase of Smart Net maintenance for the Router in the amount of $4,074. Approve the necessary budget
adjustments. (4/5ths vote)
Resource Management Agency
26.
Amend
Resolution No. 2004-0294 to extend the policies and procedures that govern the
processing of Zone Change Requests, until such time as they can be addressed
after the General Plan Update has been adopted.
27.
Approve
an Amendment to Agreement No. 17916 with the Lifestar Ambulance for lease of a
portion of the premises situated at 200 N. Park Drive in the City of Pixley,
also known as Pixley Fire Station.
28.
Approve
an agreement for Purchase of Real Property/Right of Way, a Temporary
Construction Easement and a Pipeline Easement from Basilio G. Arias and Rachel
T. Arias for the Road 80 Widening Project in the amount of $53,000. Authorize County Counsel to sign the Grant
Deed, Temporary Construction Easement and Pipeline Easement acceptances upon
presentation. Authorize the Resource
Management Agency Director, or designee, to open an escrow, sign all documents
to facilitate the escrow for this acquisition.
Direct the Auditor to draw a warrant in the amount of $53,800 in favor
of Chicago Title Company.
29.
Approve
an agreement for Purchase of Real Property/Right of Way and a Temporary
Construction Easement from Steven D. Koobatian and Karin B. Koobatian for the
Road 80 Widening Project in the amount of $4,800. Authorize County Counsel to sign the Grant
Deed and Temporary Construction Easement acceptances upon presentation. Authorize the Resource Management Agency
Director, or designee, to open an escrow, sign all documents to facilitate the
escrow for this acquisition. Direct the
Auditor to draw a warrant in the amount of $5,600 in favor of Chicago Title
Company.
30.
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 09-002, from General
Commercial/Site Plan Review (C-2-SR) to High Density Residential (R-3) Zone on
4.57 acres (APN 107-162-032) located at the southwest corner of Avenue 327 and
State Route 216 (Road 160) in Ivanhoe.
Set the Public Hearing for June 30, 2009 at 9:30 a.m.
31.
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 08-004, from A-1
(Agricultural) to R-1 (Single-Family Residential) on 31.37 acres and R-2
(Two-Family Residential) Zone on 6.03 acres of a 37.4-acre parcel located at
the southwest corner of Avenue 312 and the Road 72 alignment in Goshen (APN
075-170-031). Set the Public Hearing for
June 30, 2009 at 9:30 a.m.
Sheriff/Coroner
32.
Approve
an amendment to Agreement No. 23671 with the California Emergency Management
Agency for extending the term for a Regional Anti-Gang Intelligence-Led
Policing Program through December 31, 2009.
Treasurer/Tax Collector
33.
Approve
an amendment to Agreement No. 23649 with the Tulare County Superior Court to
establish two bank accounts by the County Treasurer's Office. The first account is to help facilitate the
efficient collection and distribution of fines, forfeitures, penalties, and
fees by the Court. The second account
provides a mechanism to earn interest on these funds.
34.
Approve
the Treasurer-Tax Collector's Statement of Investment Policy for Fiscal Year
2009/2010, pursuant to Government Code Section 53646. Approve the renewal of authority to the
Tulare County Treasurer-Tax Collector to invest and reinvest the funds of
Tulare County and funds of other depositors in the County Treasury, pursuant to
Government Code Section 27000.1.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
35.
Request
from the Board of Supervisors to establish a procedure for the Board to follow
when appointing At-Large Members to the Tulare County Planning Commission.
36.
Request
from the County Administrative Office to approve Administrative Regulation 37
regarding a revised policy for accepting gifts and donations to the County and
the distribution of tickets or passes by the County.
(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
RMA
request denial of Appeal filed by Jan Kahn of Kahn, Soares & Conway on
behalf of Mike Riberio. See Board of
Supervisor Agenda June 16, 2009.
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: 1055 W. Henderson,
Porterville, CA
and 1061 W. Henderson, Porterville,
CA
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Andy Mangano and Ennis
Commercial Properties
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: 303 E. Olive, Porterville, CA
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: PK Sales LLC c/o Kimco Realty
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: APN 030-120-062
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Scott Peacock and Lynda Peacock
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: APN 030-080-013, APN 030-090-010
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Paul Enns and Ruth Enns
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: APN 047-010-034
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Celso Avendano and Maria
Avendano
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: APN 030-080-014
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Pedro Castrejon and Maria
Castrejon
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Ribera v. County of Tulare,
Steven Sunderland
Tulare County Superior Court Case Number 09-232706
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Abel Villagran v. County of Tulare, et al
Tulare County Superior Court Case Number 08-229399
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Bravo v. County of Tulare,
et al
Tulare County Superior Court Case Number 07-225512
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Thad Young, et al v. City of Visalia, County
of Tulare, et al
United
States District Court Case Number 1:09-CV-00115-AWI-GSA
Next Item(s)
Sitting as...
ITEM
L
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Lonnie and Gayle Willis v. County of Tulare, et al
Tulare County Superior Court Case Number 09-231270
Next Item(s)
Sitting as...
ITEM
M
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: John Stephens v. County of Tulare
Workers'
Compensation Appeals Board Claim Number ADJ3247826
Next Item(s)
Sitting as...
ITEM
N
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Service Employees International
Union Local 521
Unfair
Practice Charge Number SA-CE-559-M
Next Item(s)
Sitting as...
ITEM
O
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
P
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley and Jean M. Rousseau
Employee
Organization: All Certified Employee Organizations
Unrepresented
Employees: All Unrepresented Employees except Elected
Next Item(s)
Sitting as...
Sitting as the Tulare
County IHSS Public
Authority Board
ITEM
Q
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley
and Jean M. Rousseau
Employee Organization: All Certified Employee Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
