MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

CONNIE CONWAY Chairman

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 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

February 26, 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)


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

1.                  PUBLIC HEARING: Request from the Resource Management Agency to hold a public hearing regarding amendment to the Poplar-Cotton Center Community Plan and an Amendment to the Tipton Urban Boundaries Element for General Plan Amendment No. GPA 07-005 (Applicants Michael G. Brown & Douglas C. Bartlett) to amend the Poplar 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 Halo Avenue, 300 feet south of Maple Street, in Poplar and for General Plan Amendment No. GPA 07-003 (Applicant Santokh S. Toor) to amend 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. Find that said General Plan Amendments will not have a significant effect on the environment and certify the Negative Declarations prepared for these projects, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality act of 1970. As one action, adopt the amendment to the Poplar-Cotton Center Community Plan (GPA 07-005) and the Urban Boundaries Element for the Tipton Urban Improvement Area (GPA 07-003). Direct the Clerk of the Board of Supervisors to return the Notices of Determination for GPA 07-005 and GPA 07-003 to the Resource Management Agency for future filing with the County Clerk.

2.                  PUBLIC HEARING: Request from the Resource Management Agency to hold a public hearing regarding amendment to the Tulare County Zoning Ordinance No. 352 and Change of Zone No. PZ 07-004 (Applicants Michael G. Brown and Douglas C. Bartlett - Agent R.L. Schafer & Associates) on a 14.92 acre parcel from R-A-20 (Rural Residential - 20,000 sq. ft. minimum) and C-3 (Service Commercial) Zones to R-1 (Single-Family Residential) Zone. The subject site is 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. 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 approval of the Change of Zone, as set forth in Planning Commission Resolution No. 8252. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Ordinance. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to Resource Management Agency.

3.                  1:30 p.m. PUBLIC HEARING: Request from the Resource Management Agency to hold a joint public hearing with the Tulare County Planning Commission on the General Plan 2030 Update and Draft Environmental Impact Report. Receive public comment regarding the General Plan 2030 Update Goals and Policies Report and Draft Environmental Impact Report and continue the public hearing for completion of the Final Environmental Impact Report and a recommendation from the Planning Commission on the General Plan 2030 Update Goals and Policies Report.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 24)

 

 

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

4.                  Approve a donation of $5,000 to the San Joaquin Valley Air Pollution Control District to support their lawn mower trade-in program. Approve the necessary budget adjustments. (4/5ths vote)

5.                  Reappoint Patricia A. Colson, Donald K. Brown and Phillip Vandergrift to the Tulare Public Cemetery District for terms ending at Noon on the first Monday of January 2012.

6.                  Reappoint Doug Silveria to the Tulare Airport Land Use Commission, Member No. 1 - Aviation, for a term ending December 31, 2011.

7.                  Appointment/Reappointment terms to the Exeter Public Cemetery District should be staggered as follows: Appoint Judith Anderson for a term ending at Noon on the first Monday of January 2010; and Reappoint Curtis Spott and David Turner for terms ending at Noon on the first Monday of January 2012.

8.                  Reappointment terms to the Lindsay/Strathmore Public Cemetery District should be staggered as follows: Reappoint Dennis Medders and Rachel Hill for terms ending at Noon on the first Monday of January 2012; and Reappoint Jeff Tienken for a term ending at Noon on the first Monday of January 2010.

9.                  Reappoint Raymond Montano and Rose Hachigian to the Alta Cemetery District for terms ending at Noon on the first Monday of January 2012.

10.             Appoint Elizabeth Wright, Environmental - Alternate, to the San Joaquin Unified Air Pollution Control District Citizens Advisory Committee for a term ending January 31, 2011.

11.             Ratify the following Proclamations: Honoring Doris Lowe for her contribution to the Youth of Tulare County; Honoring Frank Tietjens as the 2007 Visalia YMCA Person of the Year; and Honoring Visalia Police Department Chief Bob Carden as the 2007 Visalia YMCA Advocate of the Year.

County Counsel

12.             Request from Risk Management to adopt the revised Injury Illness Prevention Program.

County Administrative Office

13.             Ratify actions taken by the County Administrative Officer during the months of December 2007 and January 2008.

Health & Human Services Agency

14.             Approve Tulare County Health and Human Services Agency (HHSA), Environmental Health Services application for the Aboveground Petroleum Storage Act Grant in the amount of $115,847 for the implementation, enforcement, and administration of the Aboveground Petroleum Storage Act.

15.             Ratify and approve an agreement with the California Department of Public Health (CDPH) in the amount of $323,610, for the Hospital Preparedness Program (HPP) for reimbursement to local hospitals, health care facilities and providers, public health care facilities and providers, emergency medical services, and other disaster preparedness and response agencies for training costs, services, supplies, and equipment, retroactive to September 1, 2007 through August 8, 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.

16.             Ratify and approve an agreement with the California Department of Public Health (CDPH) in the amount of $884,105, for the Public Health Emergency Preparedness Program Agreement for reimbursement to local hospitals, health care facilities and providers, public health care facilities and providers, emergency medical services, and other disaster preparedness and response agencies for training costs, services, supplies and equipment for the purpose of planning and preparing for Bioterrorism, Pandemic Influenza and other public health threats and emergencies, retroactive to August 31,2007 through August 9, 2008. Find that the Board had authority to enter into the proposed agreement as of August 31, 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 the State Department of Mental Health (DMH) to provide services related to the development, implementation, and performance reporting of the Mental Health Services Act (MHSA) that support county mental health programs and monitor progress toward statewide goals for children and youth, adults, older adults and families in the amount of $11,622,432, retroactive to July 1, 2004 through June 30, 2008. Find that the Board had authority to enter into the proposed agreement as of July 1, 2004 and that it was in the County's best interest to enter into the agreement on that date.

18.             Ratify and approve the acceptance of $25,000 provided by the Blue Shield of California Foundation for the "Healthy Kids Moving Ahead" planning grant to be used for contingency planning due to budget and legislative uncertainties in health insurance programs for low-income children, retroactive to January 1, 2008 through June 1, 2008. Find that the Board had authority to enter into the proposed agreement as of January 1, 2008 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 SUPPPORTIVE SERVICES PUBLIC AUTHORITY

In-Home Supportive Services Public Authority

19.             Ratify and approve a renewal agreement with Symetra Financial and the Health Protection Plan and Service Agreement with EBC Mid-America Administrators c/o Select Benefit Administrators of America for providing group health benefits to the In-Home Supportive Services providers, retroactive to September 1, 2007 through August 31, 2008. Find that the Board had authority to enter into the proposed agreement as of September 1, 2007 and that it was in County'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

Resource Management Agency

20.             Consent to the City of Visalia's acquisition of property located in Tulare County's jurisdiction along Riggin Avenue (Avenue 312) from Demaree to 836 feet west of Demaree, Shannon Parkway (Avenue 314) from Dinuba Boulevard to Court Street, Dinuba Boulevard (State Highway 63) from Shannon Parkway to 665.75 feet north of Shannon Parkway, and Cherry Avenue (Avenue 286 alignment) from McAuliff Street to 1322 feet west of McAuliff Street for maintenance and operation of City road improvements.

21.             Direct staff to proceed to file the necessary forms and paperwork to secure federal, state, and local funding for the replacement/reconstruction and widening of the Avenue 416 Kings River Bridge. Direct staff to return to the Board of Supervisors for approval of the appropriate and necessary agreements with Caltrans and the Tulare County Transportation Authority for the funding for the project. Direct staff to issue a Request for Proposal to bridge design consultants for the design and preparation of construction documents for the Avenue 416 Kings River Bridge.

22.             Introduce and waive the first reading of an Uncodified Ordinance to delegate authority to the Resource Management Agency Director to approve and execute agreements for purchase of property for Phase 1 of the Road 80 Widening Project.

Retirement

23.             Approve and adopt the recommended employer and employee retirement contribution rates from the Tulare County Employees' Retirement Association actuary effective with the first pay period of Fiscal Year 2008/2009 (pay period 14).

24.             Amend the Position Allocation Listing to add/delete the following positions: Add: one (1) Retirement Specialist III and one (1) Senior Account Clerk; Delete: one (1) Retirement Specialist II. Adopt the Class Designations and Specifications effective March 2, 2008 for Retirement Specialist III, Item No. 076630, Salary Grade: 347 ($50,336 annual, Step 5), Bargaining Unit 1, Competitive Service, Probation Period: 13 pay periods.

(Items Not Timed)

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

25.             Update on the San Joaquin River Settlement presented by Ron Jacobsma, General Manager, of the Friant Water Users Authority.

26.             Request from Health and Human Services Agency to approve and award the Request for Proposal (RFP) and Contract to Moss Beach Homes, d.b.a. Aspira to provide Transitional Housing Program Plus services in the amount of $67,907 through June 30, 2008, to address the needs of a growing yet largely overlooked group of at-risk youth: those who "age out" from the state's foster care system.

27.             Presentation regarding the Resource Management Agency, Solid Waste Division.

28.             Public Comments.

29.             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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

The People of the State of California v. County of Tulare, County Board of Supervisors; Real Parties in Interest Sam Etchegaray, Etchegaray Dairies.

Tulare County Superior Court Case Number. 07-223393

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:

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 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: 3

Proposed General Plan 2030 Update and Draft Environmental Impact Report.

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: 1

No Facts Known to Plaintiff.

Next Item(s) Sitting as...

ITEM F

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 G

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 H

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 I

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: 309 West Main Street, Visalia, California

Agency Negotiator: Robert Newby and Jean Rousseau

Negotiating parties: Harvey May of the Paloma Development Co. and Cliff Dunbar

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM J

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...