(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from the Resource Management
Agency to continue the Public Hearing from March 24, 2009 to deny 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 .37-acre homesite
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.
4.
PUBLIC
HEARING: Request from Auditor-Controller/Treasurer-Tax Collector to
review the appeal filed by Gary & Jeanne White (owners of the White Horse
Inn) regarding Transient Occupancy Tax requesting that we not assess prior
taxes that Gary and Jeanne White did not collect or that we remove the
$1,167.70 in penalties and interest from the total amount owed. Deny the appeal and require Gary and Jeanne
White to pay the total amount of taxes, penalties and interest due to the County of Tulare in the amount of $4,414.36 per
Tulare County Ordinance Code Sections 1-05-1395, 1-05-1400 and 1-05-1410.
(Consent Calendar)
CONSENT CALENDAR (Number 5 through ##)
|
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
5.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for the purpose of enforcement of Federal Domestic Quarantine 7 CFR 301.92,
retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2009 and that it was in the County's
best interest to enter into the agreement on that date.
Auditor/Controller
6.
Designate
October 18 through 24, 2009 as "National Save for Retirement
Week." Support the goals and ideals
of National Save for Retirement Week, including raising public awareness about
the importance of adequate retirement savings and the availability of
employer-sponsored retirement plans.
Board of Supervisors
7.
Ratify
Proclamation Honoring Mike Ennis as the Latino Peace Officers Association's Community
Service Award Recipient.
8.
Adopt
the amended By-Laws of the Tulare County Water Commission to allow for the
terms to be staggered.
9.
Reappoint
the following to the Tulare County Water Commission for terms ending April 30,
2010: Dale Brogran, District 2
Representative; Chris Kapheim, District 4 Representative; Dennis Keller, Member
At-Large (1) Representative; and Keith Watkins, Member At-Large (3)
Representative. Reappoint the following
to the Tulare County Water Commission for terms ending April 30, 2011: Paul Boyer, District 1 Representative; Bruce
George, District 3 Representative; Richard Schafer, District 5 Representative;
and Laurel Firestone, Member At-Large (2) Representative.
10.
Reappoint
Tom Link to the Visalia Public Cemetery District for a term ending January 7,
2013.
11.
Appoint
Bernice Soto as Social Service Agency Representative to the Community Health
Center Board for a term ending April 18, 2011.
12.
Appoint
the following to the Tulare County Ambulance Independent Compliance Committee
for terms ending December 31, 2010: Diana Pearcy, Unincorporated Cities
Representative; and Michael Threlkeld, County Fire Chief's Association
Representative. Appoint the following to
the Tulare County Ambulance Independent Compliance Committee for terms ending
December 31, 2011: John D. Lollis,
Incorporated Cities Representative; Tim Space, Hospitals Representative; and
Stephen C. Harrell, Member At-Large Representative.
County Administrative Office
13.
Ratify
and approve an amendment to Agreement No. 20515 with the cities of Dinuba,
Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake for
Booking Fees to Tulare County. 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. Authorize the Chairman to
sign the amendments with Lindsay, Porterville and Visalia, subject to review
and approval as to form by County Counsel.
District Attorney
14.
Authorize
acceptance of continued grant funding from the California Emergency Management
Agency for the Victim/Witness Assistance Program in the amount of $281,244 for
Fiscal Year 2009/2010. Ratify and
approve the Grant Award Agreement, retroactive to July 1, 2009 through June 30,
2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2009 and that it was in the
County's best interest to enter into the agreement on that date.
Health & Human Services Agency
15.
Ratify
and approve an amendment to Agreement No. 23735 with Visalia Unified School
District for Tulare County Health & Human Services, 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, 2012. Find that
the Board had the 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 an amendment to Agreement No. 24104 with Alpaugh Unified School
District for Tulare County Health & Human Services, 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,
2007 through June 30, 2012. Find that
the Board had the authority to enter into the proposed agreement as of July 1,
2007 and that it was in the County's best interest to enter into the agreement
on that date.
17.
Ratify
and approve an agreement with BHC Heritage Oaks Hospital in the amount of
$283,200 to provide short term, inpatient psychiatric services, retroactive to
July 1, 2009 through June 30, 2010. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2009 and that it was in the County's best interest to enter into the agreement
on that date.
Human Resources & Development
18.
Ratify
and approve a Side Letter of Understanding between the County of Tulare and the
Tulare County Deputy Sheriff's Association (Units 13 & 15), retroactive to
September 29, 2009 that, a) defers receipt of their uniform allowance that is
scheduled to be paid in December 2009 and June 2010, and b) waives
participation in the sick leave buy back program that is scheduled to be paid
out in December 2009. Find that the
Board had authority to enter into the proposed agreement as of September 29,
2009 and that it was in the County's best interest to enter into the agreement
on that date.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE IN HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY
In-Home Supportive Services Public Authority
19.
Ratify
and approve a renewal agreement with Foundation One Security, Foundation One
Insurance Services, Ltd, American Fidelity Assurance Company and WEB-TPA, an
AmWINS Group Benefits Company, for providing group health benefits to the
In-Home Supportive Services providers, retroactive to September 1, 2009 through
August 31, 2010. Find that the Board had authority to enter into the proposed
agreement as of September 1, 2009 and that it was in the Public Authority's
best interest to enter into the agreement on that date.
ADJOURN AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Library
20.
Ratify
the submittal of an application to the State Library of California for a grant
for cost reimbursement of the expense for library employees to work toward
earning a Masters of Library Science/Information Science degree. Accept a grant from the State Library of
California for training reimbursement funds in the amount of $11,048 for the
expense for library employees to work toward earning a Masters of Library
Science/Information Science degree.
Authorize the necessary budget adjustments. (4/5ths vote)
Resource Management Agency
21.
Authorize
a restricted parking zone and approve the posting of signs at the following
locations: on a portion along both sides of Mills Drive (Diagonal 156A) for a
distance of 500 feet west of State Route 216, east of Visalia; and on a portion
along the east side of Road 124 from Ella Avenue to Avenue 416 in the community
of Orosi.
22.
Declare
their intent to co-sponsor Deer Creek/White River and Frazier Creek/Strathmore
Creek flood control projects with United States Army Corps of Engineers, and
the California Central Valley Flood Protection Board, under the California
Department of Water Resources. Authorize
the Director of the Resource Management Agency to sign Letters of Intent to
co-sponsor the Deer Creek/White River, and Frazier Creek/Strathmore Creek
projects.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
23.
Approve
the Joint Funding Agreement with the United States Geological Survey for water
resources investigations for the operation and maintenance of stream gauging
stations at Deer Creek near Fountain Springs and Lewis Creek near Lindsay for
the period November 1, 2009 to October 31, 2010.
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
24.
Adopt
a resolution declaring the 37.51 acres of land located at 2860 Avenue 170 near
Road 28 in Tulare County, more particularly described as Tulare County
Assessors Parcels Nos. 200-020-002 and 200-020-003, surplus property. Authorize Resource Management Agency
personnel to obtain an appraisal for the property. Authorize Resource Management Agency
personnel to mail copies of the resolution, pursuant to Government Code section
54222, to public agencies as an offer to negotiate a good faith sale of said
surplus land for the purpose of developing low and moderate-income housing, for
park recreational or open space purposes, or for school purposes. If no agency requests negotiations prior to
the expiration of 60 days following receipt of the notice, the Resource
Management Agency will place this matter on this Board's agenda for adoption of
a Resolution of intent to sell the property.
Superior Court
25.
Proclaim
Court Adoption and Permanency Month from November 1 through November 30, 2009
in Tulare County.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
26.
Request
from the Auditor-Controller/Treasurer-Tax Collector to approve participation in
the California Communities Prop 1A Securitization Program and authorize the
sale of receivables due to reduced property tax allocation for the following
funds and approximate amounts: General
Fund, $7,462,000; Fire Fund, $545,000; and Library Fund, $263,000.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TERRA BELLA SEWER
MAINTENANCE DISTRICT
27.
Request
from the Auditor-Controller/Treasurer-Tax Collector to approve Terra Bella
Sewer District's participation in the California Communities Prop 1A
Securitization Program and authorize the sale of receivables due to reduced
property tax allocation for approximately $2,500.
ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT
AND CONVENE AS THE TULARE COUNTY
FLOOD CONTROL DISTRICT
28.
Request
from the Auditor-Controller/Treasurer-Tax Collector to approve Tulare County
Flood Control District's participation in the California Communities Prop 1A
Securitization Program and authorize the sale of receivables due to reduced
property tax allocation for approximately $43,000.
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(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: 2
Appeal by
Robert J. Owens of the Zoning Administrator decision to deny Zone Variance No.
PZV 08-027 (ZA) to create a .37 acre homesite parcel from an original parcel
(4.7 acres) with less acreage than required in the AE-10 zone. Road 242 (Plano St.), south
of Porterville.
Board of Supervisors Agenda Item October 20, 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: 4
Proposed Tulare County
General Plan 2030 Update and Draft Environmental Impact Report.
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: 2
Proposals
pertaining to Modification of the County
of Tulare's Williamson
Act Program, including but not limited to possible non-renewal of Williamson
Act contracts.
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 10717 Avenue 272, Tulare, CA,
APN 119-810-007 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Danny Freitas and Jeanette
Freitas
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
Description: 10811 Avenue 272, Visalia, CA,
APN 126-240-036 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Blain Investments
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
Description: 8121 Avenue 400, Dinuba CA,
(SE Corner Avenue 400 & Road 80) APN 030-100-016 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: WMJ Farms
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 10407 Road 80, Dinuba CA,
APN 030-010-009 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Kenneth Thiesen and Patricia
Thiesen
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 40745 Road 80, Dinuba
CA, APN 030-010-006 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: George Margosian (and others)
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 549 West Tulare,
Dinuba CA,
APN 117-181-002 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Harmon Prine and Dorothy Prine
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 39309 Road 80, Dinuba CA,
APN 030-040-018 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Duane Friesen and Anna Marie
Friesen
Under
Negotiation: Price and Terms of Payment
Next Item(s) Sitting
as...
ITEM
L
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: A 30/57 mile line of
railroad between Strathmore, CA
milepost 268.60 and Jovista, CA
milepost 299.17 in Tulare
County
Agency
Negotiator: Jean M. Rousseau and Kristin
Bennett
Negotiating
Parties: San Joaquin Valley
Railroad, Union Pacific
Under
Negotiation: Price, Terms of Payment and
Operations
Next Item(s)
Sitting as...
ITEM
M
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Abel Villagran vs. County of Tulare,
Tulare County Superior Court Case Number 08-229399
Next Item(s)
Sitting as...
ITEM
N
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Toni Watt vs. County of Tulare,
Workers
Compensation Appeals Board Case Number FRE 0232282; FRE 0232284
Next Item(s)
Sitting as...
ITEM
O
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Filberta San Miguel v. County of Tulare, In Home Supportive Services
Equal
Employment Opportunity Commission Charge
Number 37A-2008-06110
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...
