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


January 29, 2008

 

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. Presentation of Proclamations to Patrick Pinkham and Ron Neves for their years of dedicated service as members of the Tulare County Employees Retirement Board.

2.                  9:00 a.m. Receive an update from the Tulare County Gang Prevention Task Force.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to certify that the Board has reviewed and considered the information contained in the Negative Declaration for the proposed change of zone 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 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 the Change of Zone, as set forth in Planning Commission Resolution No. 8287. Waive the final reading and adopt the amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance pertaining to the Change of Zone (Case No. PZ 07-010), as requested by the applicant, to M-2-SR (Heavy Manufacturing with Site Review Combining) Zone, on 150 acres located on the south side of Avenues 432 and 430, 700 feet west of Road 72, northwest of Dinuba. Adopt the findings and direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to Resource Management Agency.

4.                  PUBLIC HEARING: Request from Resource Management Agency to authorize and direct the Resource Management Agency to put out to bid and supervise the demolition of ten (10) Dangerous and Substandard Buildings in Tulare County located at 17885 Road 232, Porterville (Structures 1 & 2), 33059 Road 159, Ivanhoe (Structure 3), 13342 Avenue 72, Pixley (Structures 4 through 8), 38334 Road 156, Sultana (Structure 9) and 9540 Road 236, Terra Bella (Structure 10). Authorize the deferment of the cost of the solid waste disposal fees at County facilities until paid at a later date by the property owners. The estimated cost is $120,000. Ratify the Abatement of a property located 1701 E. Olive in Porterville. Authorize the cost of abatement in the amount of $17,996.98 of the property located at 1701 E. Olive in Porterville be placed on the Tulare County Tax Rolls.

5.                  PUBLIC HEARING: Waive the final reading and adopt an Ordinance amending the Tulare County Zoning Ordinance No. 352 pertaining to Contractor's Storage Yards in the Rural Residential (R-A) Zone. Authorize the Zoning Administrator to hold hearings and make decisions on special use permits for contractor's storage yards in the R-A and Foothill (F) Zones. Find there is no substantial evidence that said Zoning Ordinance Amendment will have a significant effect on the environment and that a Notice of Exemption for said Zoning Ordinance Amendment 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. Direct the Clerk of the Board to publish the Summary Ordinance in the Visalia Times-Delta.

(Consent Calendar)

 

CONSENT CALENDAR (Number 6 through 29)

 

 

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.

 

Board of Supervisors

6.                  Reappoint Janis Lehmann, Seat 8; Evelyn Hunter, Seat 9; and Lisa Strongin, Seat 10 to the Tulare County Mental Health Board for terms ending December 31, 2010.

7.                  Appoint George Ouzounian to the Visalia Public Cemetery District for a term ending October 20, 2008.

8.                  Appoint Judith Anderson to the Exeter Cemetery District for a term ending February 3, 2012.

9.                  Appoint Samantha Gillon to the Teviston Community Services District for a short-term ending December 4, 2009.

10.             Ratify the following Proclamations: Honoring the Visalia YMCA on the Occasion of the Grand Opening of the U II Drop Zone; Honoring R & R Building Contractors Cutler-Orosi Chamber of Commerce 2008 Business of the Year; Honoring Javier Quevedo Cutler-Orosi Chamber of Commerce 2008 Man of the Year; Honoring Mary Zwetzig Cutler-Orosi Chamber of Commerce 2008 Woman of the Year; Honoring Cathy Mederos Tulare Chamber of Commerce 2007 Woman of the Year; Honoring Sturgeon & Beck Tulare Chamber of Commerce 2007 Large Business of the Year; and Honoring Paul Daley Tulare Chamber of Commerce 2007 Man of the Year.

11.             Approve a Resolution urging the California Air Resources Board to increase the San Joaquin Valley Unified Air Pollution Control District's share of Proposition 1B Air Quality Mitigation funding.

County Administrative Office

12.             Approve an amendment to Agreement No. 21795 with the Office of Library Construction to extend the expiration date to October 27, 2008 for the renovation of the Visalia Library.

13.             Accept the Cutler-Orosi Sheriff Substation Project as a completed project on November 15, 2007. Authorize the Chairman of the Board to sign the Notice of Completion for the project. Direct the Clerk of the Board to record the Notice of Completion for the project with the Tulare County Clerk-Recorder's office.

14.             Approve a Revocable License with the Administrative Office of the Courts for the Court's use of 2,548 square feet on the second floor of the building commonly known as the Adult Pre-Trail Facility located at 36650 Road 112, Visalia. Authorize the Chairman to sign the Revocable License.

District Attorney

15.             Authorize acceptance of continued grant funding from the California Department of Insurance for the Workers' Compensation Insurance Fraud Prosecution Program in the amount of $241,327 for Fiscal Year 2007/2008 and recognize $45,482 from prior years. Ratify and approve the Grant Award Agreement and District Attorney Phil Cline's signature on behalf of the Chairman, 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. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Approve the necessary budget adjustments. (4/5ths vote)

Health & Human Services Agency

16.             Ratify and approve an amendment to Agreement No. 23039 between TulareWORKs Division and INTELEGY, Inc. for consultation services for the development of the service center and imaging processes to improve services to our clients, retroactive to October 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed amendment as of October 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

17.             Ratify and approve the receipt of $140,720 provided by the Blue Shield of California Foundation Grant Agreement, for the Premium Subsidies for Healthy Kids 6-18 grant funding which will provide health, vision, and dental coverage for over 300 Tulare County Children aged 6-18, retroactive to September 1, 2007 through June 1, 2008. Find that the Board had authority to enter into the proposed agreement as of September 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

18.             Ratify and approve the receipt of $250,000 provided by the California Endowment Grant Agreement, for the Premium Subsidies for Healthy Kids 6-18 grant funding which will provide health, vision, and dental coverage for over 300 Tulare County Children aged 6-18, retroactive to November 1, 2007 through October 31, 2008. Find that the Board had authority to enter into the proposed agreement as of November 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

19.             Ratify and approve an agreement with the California Department of Public Health, Office of AIDS for the Housing Opportunity for People Living with AIDS (HOPWA) Program in the amount of $181,560, to provide resources and incentives for meeting various types of housing needs for low-income persons that are diagnosed with AIDS or HIV-related diseases. 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.

20.             Approve an agreement with Staff Care, Inc. to provide Locum Tenens Psychiatrists for the Department of Mental Health to enhance the ability to staff the clinics at a level to meet County expectations and fulfill the obligation of the HHSA, Department of Mental Health through June 30, 2008.

 

21.             Approve the establishment of a fixed asset line for the purchase or lease of an updated X-Ray machine in the amount of $108,500, including appropriate installation, at the Hillman Health Care Facility that will allow us to bring the Radiology Department into the forefront of technology. Approve the necessary budget adjustments. (4/5ths vote)

22.             Approve the Substance Abuse and Crime Prevention Act (SACPA) and Offender Treatment Annual Plan for Fiscal Year 2007/2008. California passed Proposition 36, SACPA on November 7, 2000, which mandates that any person convicted on a nonviolent drug possession offense, and any parolee who is determined by the Parole Authority to have committed a nonviolent drug possession offense, or violated any other drug-related condition of parole, shall be diverted from incarceration into a licensed or certified community-based drug treatment program.

Human Resources & Development

23.             Authorize the Purchasing Agent to waive the bid process and standardize the purchase of the County Service Awards through O.C. Tanner, on a year-to-year basis, subject to cancellation by the County.

24.             Approve an addition of 40 hours of vacation time to Michael Santana, Traffic Control Supervisor in Resource Management Agency for the express purpose of participating in a trip to Washington D.C. with the Tulare County Association of Governments February 4 through February 8, 2008.

Resource Management Agency

25.             Ratify and approve 2007/2008 Transit Agreement with the City of Visalia, for providing transit service, 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.

26.             Waive bids for the purchase of a Mobile Classroom/Emergency Response Trailer for use by the Resource Management Agency and direct the County Purchasing Agent to negotiate a Purchase Contract.

27.             Accept the construction of Shoulder Stabilization on Avenue 144 from Road 40 to State Route 99 as completed by Granite Construction of Watsonville, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

28.             Approve the plans and specifications for the construction of the Visalia Landfill, Phase 2 Expansion. Authorize the Chairman to sign the plans. Approve the advertisement of the Visalia Landfill, Phase 2 Expansion construction project. Set the bid opening date for Wednesday, March 19, 2008, at 10:00 a.m. Reaffirm that the Notice of Determination for the project was previously approved per Resolution No. 2001-0759 and authorize the Tulare County Auditor to make the necessary budget adjustments. (4/5ths vote)

29.             Accept recommendations from the Airport Land Use Commission as incorporated in the Joint Land Use Study (R-2508) Draft Action Plan. Endorse said recommendations and submit those recommendations to the Governor's Office of Planning and Research.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

30.             Approve a Resolution in support of the Proposed Tulare Basin Wildlife Management Area.

31.             Request from County Administrative Office to introduce and waive the reading of an uncodified Urgency Ordinance amending Tulare County Ordinance No. 652 pertaining to the extension of the expiration date of the existing Southern California Gas Company Franchise to February 28, 2009. (majority vote) Find that based on the evidence before the Board, disruption of the orderly operation of the Gas Franchise in Tulare County will adversely affect the public peace, health and safety within Tulare County. Adopt an uncodified Urgency Ordinance amending Tulare County Ordinance No. 652 extending the existing gas franchise to midnight February 28, 2009. (4/5ths vote)

32.             Request from CAO-Capital Projects to authorize the fixed asset purchase of a 1,440 square foot modular building located at 41414 Road 128 in Orosi from William Scotsman Inc. in the amount of $14,600.57. Approve the necessary budget adjustments. (4/5ths vote)

33.             Request from CAO-Capital Projects to approve a professional agreement for design and master planning services for Mooney Grove Park with Kleinfelder West Inc. Direct staff to negotiate the final contract amount and authorize the Chairman to sign the contract, subject to approval as to form by County Counsel.

34.             Public Comments.

35.             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: 1

Hearing on Zone Change - AE - 20 to M-2 Avenue 432 and 430 and 430 West of Road 72 Northwest of Dinuba

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: 1

Amend Zoning Ordinance pertaining to Contractor's Storage Yard in Rural Residential Zone

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

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

County Administrative Officer

Next Item(s) Sitting as...

ITEM E

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...