MEMBERS OF THE BOARD

 

ALLEN ISHIDA Chairman

District One

 

CONNIE CONWAY

District Two

 

PHILLIP A. COX

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) 733-6271

FAX (559) 733-6898


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

 

December 18, 2007

 

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. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  9:00 a.m. Legislative update given by Paul Yoder, Strategic Local Government Services. Review, modify, and adopt the Proposed 2008 State Legislative and Regulatory Platform.

2.                  9:00 a.m. Presentation given by Able Industries to Al Guzman and the Tulare County Surplus Store.

3.                  9:00 a.m. Proclamation honoring Grace Homes for two decades of success.

4.                  9:00 a.m. Presentation given by Chief Sunderland, Fire Department, on placing of five new fire engines into service.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from Treasurer/Tax Collector to set licensing fees for business licenses obtained pursuant to Part VI of the Tulare County Ordinance Code. Find that based on the estimated cost, the licensing fees are a reasonable annual charge for implementation of the County's Business License Program in Part VI of the Tulare County Ordinance Code. Adopt the fee schedule and require that it be incorporated into the County's master schedule of fees. Direct the Tax Collector to review the new fees assessed this Fiscal Year and consult with the County Administrative Office regarding allocation of anticipated future revenues from these fees.

6.                  PUBLIC HEARING: Request from County Administrative Office to allow members of the public to comment on the proposed Project for Ventura Coastal LLC, and approve the Resolution approving the Issuance of Bonds in a principal amount not to exceed $8,000,000 by the California Municipal Finance Authority for Ventura Coastal LLC.

7.                  PUBLIC HEARING: Request from Resource Management Agency to approve General Plan Amendment No. GPA 07-005 for an amendment to the Poplar-Cotton Center Community Plan to change the land use designation from "Commercial" and "Rural Residential" to "Low Density Residential" on a 14.92 acre site located on the west side of Road 192 (Mountain View Road), and on the east side of the southerly projection of Hale Avenue, 300 feet south of Maple Street, in Poplar. And, for General Plan Amendment No. GPA 07-003 for an amendment to the Urban Boundaries Element for an expansion of the Tipton Urban Improvement Area to include the southern 12.65-acre portion of a 19.2-acre parcel, located on the southeast corner of State Route 99 and Avenue 144 (State Route 190/Poplar Avenue), in Tipton and to change the land use designation from "Rural Residential" to "Commercial". Direct the Clerk of the Board of Supervisors to return the Notices of Determination for each proposal to the Resource Management Agency for future filing with the County Clerk. Certify that the Board has reviewed and considered the information contained in the Negative Declarations prepared for the proposed change in land use designations to the Poplar-Cotton Center Community Plan and the amendment to the Urban Boundaries Element to expand the Tipton Urban Improvement Area. As one action, adopt the amendment to the Poplar-Cotton Center Community Plan and the Urban Boundaries Element for the Tipton Urban Improvement Area. Direct the Clerk of the Board of Supervisors to return the Notices of Determination for each proposal to the Resource Management Agency for future filing with the County Clerk.

8.                  PUBLIC HEARING: Request from Resource Management Agency to introduce and waive the first reading of the Ordinance amending the map of Ordinance No. 352, Tulare County Zoning Ordinance, to approve Change of Zone No. PZ 07-004 from R-A-20 (Rural Residential - 20,000 square foot minimum) and C-3 (Service Commercial) Zones to R-1 (Single Family Residential) Zone, on a 14.92-acre site located on the west side of Road 192 (Mountain View Road) and on the east side of the southerly projection of Hale Avenue, approximately 300 feet south of Maple Street in Poplar.

(Consent Calendar)

CONSENT CALENDAR (Number 9 through 32)

 

 

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.

 

 

 

Auditor-Controller/Registrar of Voters

9.                  Request from Tulare County Registrar of Voters to consolidate the Special School Bond Elections with the Presidential Primary Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, February 5, 2008. Authorize the Election Official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Special School Bond and Presidential Primary Election. Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 of the Elections Code. Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the Election Official to the District. Agree that the Election Official will prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election. Agree that the Special School Bond Elections are to be consolidated as set forth above.

Board of Supervisors

10.             Cancel the January 1, 2008 Board of Supervisors meeting.

11.             Approve the List of Appointive Offices and Regulatory Commissions and Advisory Boards, Commissions, and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2008 for compliance with the Maddy Act. Authorize Posting.

12.             Appoint Gary Reed to the Tulare County Employees' Retirement Board, Member 5, for a term ending December 31, 2010.

13.             Appoint Katie Lynn Icho and Carmen Moreno to the East Orosi Community Services District for short-term appointments ending December 4, 2009.

14.             Ratify the following Proclamations: Honoring Mike Knopf as recipient of the Home Builders Association of Tulare/Kings Counties Member of the Year; Honoring Stew Elkin as recipient of the Home Builders Association of Tulare/Kings Counties President/CEO Award; Honoring Stew Elkin as recipient of the Home Builders Association of Tulare/Kings Counties Associate of the Year; Honoring Ruth Rater as recipient of the Home Builders Association of Tulare/Kings Counties Volunteer of the Year; Honoring Dan Pickett as recipient of the Home Builders Association of Tulare/Kings Counties President/CEO Award; and Honoring K. Hovnanian Homes as recipient of the Home Builders Association of Tulare/Kings Counties Builder of the Year.

15.             Approve a Letter of Support for the City of Visalia's CalGRIP application and authorize the Chairman of the Board to sign. Approve Letter of Support for other city CalGRIP applicants as requested. Approve the Operational Agreement with the City of Visalia to carry out grant activities, pending funding from the CalGRIP Program. Authorize the Chairman of the Board to sign the agreement.

County Administrative Office

16.             Adopt the Class Designation and Specifications for IT Network Administrator. Allocate 15 positions and delete 10 in accordance with the Personnel Resolution: Add: (2) IT Division Managers, (1) IT Manager, (5) IT Network Administrators, (3) Administrative Services Programmer Analyst IIs, and (4) Computer Technical Analyst IIs; Delete: (3) IT Project Managers, (4) User Support Specialists, (2) Administrative Specialist IIs, and (1) Administrative Aide. Authorize the Auditor-Controller to make necessary budget adjustments to the Information Technology and Miscellaneous Administration budgets in conjunction with the County Administrative Officer.

17.             Approve an agreement with Vanir CM for the completion of Implementation and Functional Programming services for the New Civic Center in the amount of $223,500, subject to approval as to form by County Counsel.

District Attorney

18.             Ratify and approve the Standard Amendment to Agreement No. 23152 that will increase the amount maintained in the emergency fund from $30,000 to $60,000, retroactive to July 1, 2007 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement amendment as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date. Authorize the Chairman of the Board to sign the Amendment subject to County Counsel approval.

Fire Department

19.             Authorize submittal of a grant proposal to the Federal Emergency Management Agency in the amount of $114,260 to fund the purchase of a Fire Safety Trailer, Smoke Alarm Program, and Juvenile Fire Setter Prevention Videos.

Health & Human Services Agency

20.             Accept the Fiscal Year 2007/2008 allocation of $67,907 for the Transitional Housing Placement Program and Transitional Housing Program-Plus from the State of California, Department of Social Services to address the needs of at-risk youth who "age out" from the State's Foster Care System.

21.             Ratify and approve an agreement with Child and Family Policy Institute of California, to further the goal of the Federal Linkages Project to develop a coordinated services approach to better serve families and improve outcomes, retroactive to May 15, 2007 through October 1, 2011. Find that the Board had authority to enter into the proposed agreement as of May 15, 2007 and that it was in the County's best interest to enter into the agreement on that date.

22.             Ratify and approve an agreement with Psynergy Programs, Inc. to provide Medi-Cal mental health services to persons with significant mental illness, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had 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.

23.             Ratify and approve an agreement with Psynergy Programs, Inc. in the amount of $800,000, to provide adult residential services to persons with significant mental illness between the ages of 18 and 59, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had 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.

24.             Ratify and approve the grant agreement with the California Integrated Waste Management Board, for the Household Hazardous Waste Coordination Grant (16th Cycle) in the amount of $7,000, to coordinate collection and product stewardship of universal waste on a county-wide basis, retroactive to October 1, 2007 through March 31, 2009. Find that the Board had authority to enter into the proposed agreement as of October 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

25.             Ratify and approve the grant agreement between the California Integrated Waste Management Board, Tulare County Health and Human Services Agency, and the participating cities for the Household Hazardous Waste Infrastructure Grant (16th Cycle), in the amount of $155,780 for programs to collect and recycle hazardous waste, retroactive to October 1, 2007 through March 31, 2010. Find that the Board had authority to enter into the proposed agreement as of October 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

26.             Ratify and approve the grant agreement between the California Integrated Waste Management Board, County of Tulare, and the participating cities for the Used Oil Block Grant (13th Cycle) Award in the amount of $120,409 to fund public education combined with the collection and recycling of used motor oil and oil filters, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had 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.

27.             Ratify and approve the grant agreement with the California Integrated Waste Management Board, for the EA 18 Local Enforcement Agency Grant Award in the amount of $25,588 that provides funding to support solid waste facilities permit and inspection programs, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had 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.

Resource Management Agency

28.             Approve an amendment to Agreement No. 19966-C with EBA Engineering to extend the Agreement an additional five years to December 31, 2012.

 

29.             Approve designation of Resource Management Agency classifications: Chief Planner, Engineer IV, Parks & Recreation Manager, Facilities Manager and Solid Waste Manager to At-Will status retroactive to October 14, 2007; incumbents in the positions within these classifications, prior to October 14, 2007, retain their regular status; and the change to At-Will status is to affect only new incumbents, hired after October 13, 2007, when these positions are vacated and filled anew.

30.             Approve a Letter of Agreement with the US Department of Interior - Bureau of Reclamation (USBR) to initiate actions to assign Tulare County Contract responsibilities to existing subcontracting entities. Authorize the Chairman to sign the Letter of Agreement.

31.             Approve an agreement with Proteus, Inc. for Job Training Services for the County's Community Development Block Grant for Freeze Relief.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

32.             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, 2007: Annual Audit Report of financial activities of the Tulare County Redevelopment Agency; Annual State Controller's Report; 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

 

33.             Request from Auditor-Controller to approve the purchase of 69 replacement vehicles for Fiscal Year 2007/2008. Authorize payment for the replacement vehicles through a loan from the Workers' Compensation Insurance Fund. Authorize the Auditor to process payments and budget for the transfer of funds from the Workers' Compensation Insurance Fund to the General Fund. (4/5ths vote)

34.             Request from Resource Management Agency to approve and award the contract to the lowest responsive and responsible bidder, Gas Equipment Systems, Inc., Rancho Cucamonga, California, in the amount of $493,300. Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractor's license. Allow funds for contingencies in the amount of 5% of the contract amount or $24,700 to cover unexpected construction conditions.

 

35.             Request from Resource Management Agency to approve the transfer of the Building Inspection Division from the Community & Development Services Branch to the Planning Branch. Approve the transfer of the Special Projects Division from the Planning Branch to the Community & Development Services Branch. Approve the transfer of the GIS Division from the Planning Branch to the Engineering Branch. Approve effective date of reorganization to coincide with appointment of Assistant RMA Director - Planning. Approve the equivalent of 26 pay periods accrual of vacation and sick leave hour balances for the Assistant RMA Director - Planning with the understanding that during the first 26 pay periods of employment the appointee shall accrue no additional sick leave or vacation hours. Authorize for recruitment purposes a salary range of $86,667-$110,000 for the Assistant RMA Director - Planning.

36.             Request from the Board of Supervisors to approve a Resolution requesting changes to the San Joaquin River Settlement implementing legislation that would restore a warm water fishery between Friant Dam and Sack Dam.

37.             Public Comments.

38.             Board of Supervisors matters.

(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 Pursuant to Government Code Section 54956.9 (B)(1)

Number of Potential Cases:

General Plan Amendments 07-005 to amend the Poplar-Cotton Center Community Plan and General Plan Amendment 07-003 to amend the Urban Boundaries Element (Tipton)

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (B)(1)

Number of Potential Cases:

Change of Zone No. PZ 07-004 from RA-20 and C-3 to R-1 (Poplar)

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (B)(1)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (B)(1)

Number of Potential Cases: 1

Claim of Paula Borgioli

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (B)(1)

Number of Potential Cases: 3

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...