(Public Comment Period)
1.
Recognize
Marlene Cardoza upon her retirement from Health and Human Services Agency for
her 41 years of County service.
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 deny the appeal
filed by Mr. Faria and uphold the Zoning Administrator's Decision approving
Special Use Permit No. PSP 08-081 (ZA) Living Word Fellowship, for the
establishment of a worship facility on an 18.39 acre parcel located on the east
side of Road 68 and west of Road 72, approximately 1,750 feet north of Avenue
416, west of Dinuba.
5.
PUBLIC
HEARING: Request from Resource Management Agency to certify that it
has reviewed and considered the information contained in the Negative
Declaration for the proposed Change of Zone No. PZ 09-001 in compliance with
the California Environmental Quality Act of 1970, prior to taking action on the
Change of Zone. Find there is not substantial
evidence that said Change of Zone will have a significant effect on the
environment and certify that the Negative Declaration 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. Waive the second
reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning
Ordinance for Change of Zone No. PZ 09-001 filed by Raul Gonzalez, Jr. (Steelex
Industrial, Inc.), from AE-20 (Exclusive Agricultural - 20 acre minimum) to
M-1-SR (Light Manufacturing - Site Review Combining) on a 4.33-acre parcel
located on the south side of Avenue 208, bounded on the west by State Route 65
and on the east by Road 220, halfway between Lindsay and Strathmore.
6.
PUBLIC
HEARING: Request from Resource Management
Agency to consider the vacation of Avenue 108 between Road 270 and Road 272
alignment northeast of the community of Terra Bella. Determine that the vacation is exempt from
the California Environmental Quality Act pursuant to the adopted Tulare County
CEQA Guidelines as a Class 5(e), Abandonments of existing street, alley and
utility easements on which no road improvements exist, and if the vacation is
approved direct the Environmental Assessment Officer to sign and file a Notice
of Exemption with the Tulare County Clerk.
Determine that the hereinbefore described road is necessary for present
and prospective public use and vacation thereof is not in the public
interest. Deny the vacation of the
aforementioned portion of Avenue 108.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 47)
|
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
7.
Ratify
and approve an agreement with the United States Department of Agriculture for a
total award of $700,000 for an area wide Glassy-winged Sharpshooter Management
Program, retroactive to December 1, 2009 through November 30, 2010. Find that the Board had the authority to
enter into the proposed agreement as of December 1, 2009 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)
Board of Supervisors
8.
Ratify
the following Proclamations: Honoring
Lonnie Tiesiera Tulare Chamber of Commerce 2009 Man of the Year; Honoring
Rhonda Wilbur Tulare Chamber of Commerce 2009 Woman of the Year; Honoring J.D.
Heiskell Tulare Chamber of Commerce 2009 Large Business of the Year; Honoring
Ely Auto Parts Tulare Chamber of Commerce 2009 Small Business of the Year;
Honoring Jim Mathias for his 50 Years of Service as a Rotarian; Honoring Gary
Kunkel upon his Retirement as the Tulare County Agricultural
Commissioner/Sealer - Weights and Measures; Honoring Alta Family Health Clinic
Dinuba Chamber of Commerce 2009 Large Business of the Year; Honoring Platinum
Theatres Dinuba 6 Dinuba Chamber of Commerce 2009 Small Business of the Year;
Honoring John Vetter Dinuba Chamber of Commerce 2009 Senior Citizen of the
Year; Honoring Vicki Worthley Dinuba Chamber of Commerce 2009 Junior Citizen of
the Year; Honoring Ted Taylor Dinuba Chamber of Commerce 2009 Volunteer of the
Year; Honoring Paul Enns Dinuba Chamber of Commerce 2009 Distinguished Service
Award; and Honoring Reverend Tom Mixon Dinuba Chamber of Commerce 2009 Distinguished
Service Award.
9.
Reappoint
Gregory H. Dunbar and James J. Costa to the Woodville Public Cemetery District
for terms ending January 6, 2014.
10.
Reappoint
Paul Roche, Jr. to the Eshom Valley Public Cemetery District for a term ending
January 6, 2014.
11.
Appoint
David Williams to the Tulare County Mental Health Board as Member At-Large,
Seat #1, for a term ending December 31, 2013.
12.
Appoint
Julie Cheney to the Tulare County Youth Commission, District 5 seat, for a term
ending June 24, 2011.
13.
Appoint
Pastor Herrera to the Allensworth Community Services District for a short term
ending December 2, 2011.
14.
Appoint
Bob Barnier to the Community Services Employment & Training (CSET) as
District Two, Regular Member for tenure.
County Administrative Office/General Services
15.
Receive
the letter of acceptance from Southern California Gas Company accepting the
terms and conditions of Ordinance No. 3397 as adopted in Resolution No.
2009-0994.
16.
Authorize
the Civil War Re-enactment at Mooney Grove Park, including the discharge of
firearms (limited to blank ammunition), on March 4-7, 2010. Authorize overnight camping during the event
by participants and the use of fire pits.
17.
Accept
a donation from Tulare County United Way, Concilio de Salud in the amount of
$10,404 to be used for improvements at Ledbetter Park. Approve the necessary budget
adjustments. (4/5ths vote)
18.
Accept
a donation from the Sequoia Community Corps also known as the Community
Services Employment Training in the amount of $400,000 for the Cameron Creek
Restoration Project. Approve a
Memorandum of Understanding with Sequoia Community Corps/Community Services
Employment Training, subject to approval as to form by County Counsel.
District Attorney
19.
Authorize
acceptance of continued grant funding from the California Emergency Management
Agency for the Elder Abuse Advocacy and Outreach Program in the amount of
$64,000, retroactive to October 1, 2009 through September 30, 2010. Find that the Board had the authority to
enter into the agreement as of October 1, 2009, and that it was in the best
interest of the County to enter into the agreement on that date.
20.
Approve
the Fixed Asset purchases of servers, switches, and other hardware for the
District Attorney Case Management System (DAMION), not to exceed $125,260. Approve the purchase of configuration,
implementation, and migration services not to exceed $5,880. Authorize the District Attorney to sign
agreements pertaining to this purchase of hardware. Approve the necessary budget adjustments. (4/5ths vote)
Fire Department
21.
Ratify
and approve the Cooperative Fire Protection Agreement for a minimum of $6,961
with the Tule River Indian Tribe, retroactive to July 1, 2009 through June 30,
2010 to be renewed annually until terminated.
Find that the Board had the 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
22.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
23.
Ratify
and approve an amendment to the Memorandum of Understanding (Tulare County
Agreement No. 24029) in the amount of $15,000 between Tulare County Health and
Human Services Agency (HHSA) and the University of California, Berkeley
Optometric Eye Center (UCBOEC), to extend the term of the MOU to December 31,
2010 for the provision of Diabetic Retinopathy Screening, equipment, and
software, retroactive to June 1, 2009 through December 31, 2010. Find that the
Board had authority to enter into the proposed Memorandum of Understanding as
of June 1, 2009 and that it was in the County's best interest to enter into the
Memorandum of Understanding on that date.
24.
Ratify
and approve an amendment to Agreement No. 24089 with Fresno County Economic
Opportunities Commission to increase the total amount of the agreement by $12,000
from $488,000 to $500,000 to allow an increase in the number of meals served
for the congregate and home delivered nutrition program, 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.
25.
Ratify
and approve an agreement with Alta Family Health Clinic, Inc. to authorize Tulare
County Health & Human Services Agency (HHSA) Physicians to provide
obstetric/gynecology services to Alta Family Health Clinic, Inc. patients who
present themselves for delivery at Kaweah Delta Health Care District/Kaweah
Delta Hospital, effective January 26, 2010 through June 30, 2011. Find that the
Board had authority to enter into the proposed agreement as of January 26, 2010
and that it was in the County's best interest to enter into the agreement on
that date.
26.
Ratify
and approve an agreement with BHC Sierra Vista Hospital in an amount not to
exceed $150,000 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.
27.
Authorization
to apply for $2,500 in Department of Health & Human Services (DHHS) Food
and Drug Administration (FDA) funds, from the Pacific Region Retail Food
Cooperative Program for the purchase of pH meters, black lights, and a printer.
28.
Approve
the necessary budget adjustments for the 2009/2010 H1N1 Supplemental Allocation
from the Centers for Disease Control and Prevention, Public Health Emergency
Response Phase I and II and Hospital Preparedness H1N1 funds (4/5ths vote). Approve the Fixed Asset purchase of a
Nor-Lake Scientific Refrigerator for the Tulare County Public Health Emergency
Preparedness in the amount of $5,365 to store H1N1 vaccine in accordance with
State guidelines for temperature and monitoring requirements.
29.
Approve
an agreement with Northwoods Consulting Partners, Inc. in an amount not to
exceed $774,102 to provide their Compass Software Suite® automated appointment
and case management system, effective March 2, 2010 through June 30, 2010. Approve the necessary budget
adjustments. (4/5ths vote)
30.
Approve
the request for technology enhancements and associated projected costs for the
Tulare County Health & Human Services Agency, TulareWORKs Division; that
are in alignment with the Tulare County Strategic Plan for organizational
performance using state-of-the-art technology.
Approve the necessary budget adjustments. (4/5ths vote)
Resource Management Agency
31.
Set
a Public Hearing for April 6, 2010 at 9:30 a.m. or thereafter, in the Board of
Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation
of a 216 foot portion of Road 224 immediately north of Avenue 196 in
Strathmore. Direct the Resource
Management Agency to publish and post the Notice of Public Hearing in
accordance with the Streets and Highways Code.
32.
Set
a Public Hearing for April 6, 2010 at 9:30 a.m. or thereafter, in the Board of
Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the intent to
vacate a portion of Dooley Drive right of way across the frontage of lot 1,
block 8, Map of Richgrove. Direct the
Resource Management Agency to publish and post the Notice of Public Hearing in
accordance with the Streets and Highways Code.
33.
Approve
the Plans, Special Provisions, Proposal and Contract for the construction of
the Earlimart Landfill Final Closure Construction Project. Approve the advertisement for bids of the
Earlimart Landfill Final Closure Construction Project. Set the bid opening date for April 7, 2010.
34.
Ratify
and approve Bureau of Reclamation Interim Renewal Contract No.
14-06-200-8293A-IR13 to allow the County of Tulare water services from the
Central Valley Project to the Cross Valley Canal for the period of March 1,
2010 to February 29, 2012. Find that the
Board had the authority to enter into the Renewal Contract as of March 1, 2010,
and that it was in the County's best interest to enter into the Renewal
Contract on that date. Ratify and
authorize Supervisor Phillip A. Cox's signature on the Contract. Authorize the Resource Management Agency and
Dennis R. Keller, Keller and Wegley, Consulting Engineers, to do all things
necessary and proper to comply with the interim renewal process. Direct the Clerk of the Board to transmit a
certified copy of this Resolution to the Bureau of Reclamation.
35.
Ratify
and approve an agreement with Geraldine J. Giotto for real property located at
152-A Canby Street in the City of Tulare, retroactive to May 1, 2009. Find that the Board had authority to enter
into the proposed agreement as of May 1, 2009 and that it is in the County's
best interest to enter into the agreement on that date.
36.
Approve
the Measure R Program Supplement to Cooperative Agreement No. 23149 for the
Preliminary Engineering Phase of the Mountain Road M319 Bridge Project in the
amount of $170,000.
37.
Approve
an agreement with Cornerstone Structural Engineering Group for Preliminary
Engineering Services for the Mountain Road M319 Bridge Project in the amount of
$195,002.
38.
Approve
Program Supplement No. N044 with the State of California, Department of
Transportation, to authorize funding for the preliminary engineering and right
of way engineering, administration and acquisition phases for the Kings River
Bridge on Avenue 416 Project.
39.
Approve
an agreement with Cornerstone Structural Engineering Group for Preliminary
Engineering Services for the Avenue 416 Kings River Bridge Project in the
amount of $1,564,437.
40.
Approve
the Streambed Alteration Agreement with the California Department of Fish and
Game for the Road 80 Widening Project.
41.
Ratify
and approve an agreement with Modern Building System, Inc. in the amount of
$148,013.15 to complete the Richgrove Community Center Project. Find that the
Purchasing Agent had the authority to enter into the proposed Purchase
Agreement as of February 17, 2010 and that it was in the County's best interest
to enter into the Purchase Agreement on that date. Authorize the Purchasing Agent to exceed the
purchasing limit, execute the Purchase Agreement and prepare all necessary
purchasing documents to complete the project.
42.
Approve
the Measure R Program Supplement to Cooperative Agreement No. 23149 for the
Right of Way and Plans, Specifications and Estimate Phase of the Road 80/Avenue
416 Intersection Project in the amount of $2,500,000.
43.
Approve
an agreement for Purchase of a Temporary Construction Easement from Hidden Oak
Development Company, Inc., a California Corporation and Blackstone Ranch, LLC,
a California Limited Liability Company for the Road 108 Widening Project in the
amount of $5,650. Authorize County
Counsel to sign the Temporary Construction Easement acceptance 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 $6,650 in favor of
Chicago Title Company.
44.
Approve
an agreement for Purchase of Real Property/Right of Way from Danny S. Freitas
and Jeanette A. Freitas for the Road 108 Widening Project in the amount of
$38,000. 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 $39,500 in favor
of Stewart Title Company.
45.
Approve
an agreement for Purchase of Real Property/Right of Way from Danny Sousa
Freitas and Jeanette Ann Freitas for the Road 108 Widening Project in the
amount of $144,900. 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 $146,400 in favor of Stewart Title Company.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
46.
Ratify
submittal of a 2009 Congestion Mitigation and Air Quality application for
funding to be distributed as follows:
CMAQ Grant $1,290,575, Local Match $175,987, Total Project Cost
$1,466,562. Approve commitment of local
match for this project as follows: Tulare County Redevelopment Agency
$175,987. Authorize the Tulare County
Redevelopment Agency Executive Director to act on the Agency's behalf in all
other matters pertaining to the application and to sign agreements, subject to
County Counsel approval as to form.
47.
Review
and accept the following documents as complete and adequate for each of the
Tulare County Redevelopment Agency's eight project areas, including
Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center,
Richgrove and Traver, for the fiscal year ending June 30, 2009: a) Annual Audit
Report of financial activities of the Tulare County Redevelopment Agency; b)
Annual State Controllers Report; and c) Annual Housing Report to the California
Department of Housing and Community Development. Direct that these reports be submitted by the
Executive Director, as required by the California Health and Safety Code, to
the Office of the State Controller and the California Department of Housing and
Community Development.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
48.
Presentation
given by Civic Housing & Finance Agency regarding California Assembly Bill
811 that offers new financing opportunities for renewable energy and energy
efficiency installations. Direct County
Administrative Office to obtain any additional information, if desired.
49.
Request
from Resource Management Agency to approve a plan for use of Proposition 1B
funding for road construction, reconstruction and maintenance projects. Approve the necessary budget adjustments. (4/5ths vote)
50.
Appoint
members to the Teviston Community Services District for short terms ending
December 2, 2011.
(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: 1
Appeal by
Mr. Faria regarding Zoning Administrator's decision on Special Use Permit PSP
08-081 located west of Dinuba. Board of Supervisors Agenda Item March 2, 2010.
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: 1
Negative
Declaration for proposed Change of Zone No. PZ 09-001 by Raul Gonzalez, Jr.
from AE-20 (Exclusive Agricultural - 20 acre minimum) to M-1 (Light
Manufacturing - Site Review Combining) on 4.33-acre parcel located on the south
side of Avenue 208, bounded on the west by State Route 65 and on the east by
Road 220, halfway between Lindsay and Strathmore. Board of Supervisors Agenda
Item March 2, 2010.
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
Road
Abandonment Hearing for Avenue 108 between Road 270 and Road 272, Board of
Supervisors Agenda Item March 2, 2010
Next Item(s)
Sitting as...
ITEM
D
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
E
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
F
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 075-170-024,
075-170-025, 075-170-026, 075-170-027, 075-170-028
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Triple D Ranch, LP
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: APN 077-120-014
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Vargas/MSJ Development
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: APN 075-170-031
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Self Help Enterprises
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Cardenas, Teresa v. County of Tulare et al
Tulare County Superior Court Case Number: 09-235695
Next Item(s) Sitting
as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Robert Sanchez, Workers Compensation Appeal Board
Case
Numbers: FRE 0223292; FRE 0223293
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Clarence Smith, Workers Compensation Appeal Board
Case
Numbers: FRE 0219708; FRE 0219709
Next Item(s)
Sitting as...
ITEM
L
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
M
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...
