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


 

April 1, 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 continued public hearing from February 12, 2008 regarding consideration of Tentative Subdivision Map for Tract No. TM 795, with an exception pertaining to the maximum cul-de-sac length, submitted by George Costa, 33221 Globe Drive, Springville, CA 93265, located on the west side of Globe Drive approximately one mile south of State Highway 190, Springville.  Adopt by reference the findings as set forth in Planning Commission Resolution No. 8288 and as set forth in the report.  Acknowledge a correction to Planning Commission Resolution No. 8288, Page 1, Paragraph 7 by changing the verbiage which indicates that, "…the public hearing was closed" to "…the public comment period was closed".  Find there is no substantial evidence that said Tentative Subdivision will have a significant effect on the environment and certify the Negative Declaration prepared for the project in compliance with the California Environmental Quality Act of 1970, as amended.  Approve the Tentative Map for Tract 795 with exceptions pertaining to maximum cul-de-sac length, subject to the conditions recommended by the Planning Commission in Resolution No. 8288.  Direct the Clerk of the Board of Supervisors to return the Notice of Determination to the Resource Management Agency for future filing with the Recorder Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 2 through 18)

 

 

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

2.                  Ratify Proclamation honoring Ellen Gorelick for her longstanding efforts to preserve Tulare County History.

Cooperative Extension

3.                  Ratify and approve an agreement with the California Department of Food and Agriculture for providing services in the support of Tulare County Weed Management Area for Control and Eradication of Yellow Starthistle at the Eastern Leading Edge by Weed Management Area's in the Sierra Nevada Foothills project, retroactive to January 1, 2008 through September 15, 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.  Authorize the Chairman to sign the Contractor Certification Clauses Form and the Recycled-Content Certification Form, effective period January 1, 2008 through September 15, 2008.  Approve the necessary budget adjustments.  (4/5ths vote)

4.                  Ratify and approve an agreement with the California Department of Food and Agriculture for providing services in the support of Tulare County Weed Management Area Early Detection, Eradication and Containment Projects retroactive to January 1, 2008 through December 31, 2009.  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.  Authorize the Chairman to sign the Contractor Certification Clauses Form and the Recycled-Content Certification Form, effective period January 1, 2008 through December 31, 2009.  Approve the necessary budget adjustments. (4/5ths vote)

County Counsel

5.                  Approve the renewal of property insurance with California State Association of Counties-Excess Insurance Authority.

County Administrative Office

6.                  Approve the Space Standards and Space Assignment by Class Listing planning documents for use in facility planning for capital construction projects.  Authorize the County Administrative Officer to modify the Space Standards and Space Assignments by Class Listing documents as new positions are added or industry standards change.

District Attorney

7.                  Authorize acceptance of continued grant funding from the Office of Emergency Services for the Vertical Block Grant Program in the amount of $494,413 for Fiscal Year 2007/2008.  Ratify and approve the Grant Award Face Sheet and the Board Chairman's signature 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.  Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

8.                  Accept continued grant funding from the Governor's Office of Emergency Services for the Central Valley Rural Crime Prevention Program in the amount of $685,315 for Fiscal Year 2007/2008.  Ratify and approve the Grant Award Face Sheet and the Chairman's signature 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.   Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Fire Department

9.                  Ratify and approve the Cooperative Fire Protection Assistance Agreement with the California Department of Forestry and Fire Protection for cooperative fire protection assistance, retroactive to July 1, 2007 until terminated by either party.  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.

 

10.             Approve the deletion of the Cal Fire Three Rivers Fire Station location at 40900 Highway 198 as a designated Safe Baby Surrender Site.  Approve the designation of Three Rivers Fire Station #14 at 41412 South Fork Drive, Three Rivers as a Safe Baby Surrender Site.  Approve the designation of Lemon Cove Fire Station #13 at 32490 Highway 198, Lemon Cove as a Safe Baby Surrender Site.

Health & Human Services Agency

11.             Approve changes to the Fiscal Year 2007/2008 budget for the substitution of the purchase of eleven CALWIN servers instead of nine Uninterrupted Power Supplies (UPS), six network switches and electrical power upgrades to the Government Plaza Datacenter.

12.             Ratify and approve an amendment to Agreement No. 22541 with the California Department of Public Health to modify the budget exhibit for Year 2 of the Women, Infants, and Children Program that provides a nutrition program to help women and their children to eat well and stay healthy, retroactive to October 1, 2006 through September 30, 2008. Find that the Board had authority to enter into the proposed agreement as of October 1, 2006 and that it was in the County's best interest to enter into the agreement on that date.

13.             Ratify and approve an amendment to Agreement No. 22541 with the California Department of Public Health to reflect an increase of $351,000 in the funding from $3,842,000 to $4,193,000 for the Women, Infants, and Children (WIC) Program that provides a nutrition program to help women and their children eat well and stay healthy, retroactive to October 1, 2007 through September 30, 2008.  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.  Approve the necessary budget adjustments. (4/5ths vote)

Information Technology

14.             Approve the purchase of a fixed asset for the San Expansion Unit that consists of XIOTECH 8 terabytes of disk storage and the necessary racks, fiber ports, and server blades for equipment in the amount of $324,658.  Approve the necessary budget adjustments.  (4/5ths vote)

Resource Management Agency

15.             Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 07-003 from R-A (Rural Residential) and AE-40 (Exclusive Agricultural-40 acre minimum) to C-3-SR (Service Commercial-Site Plan Review), on a 19.2-acre parcel located on the southeast corner of State Route 99 and Avenue 144 (State Route 190/Poplar Avenue), Tipton.  Set a Public Hearing for April 15, 2008.

16.             Approve an Agreement with Central Valley Christian Housing Development Inc. in the amount of $795,000 to provide project management for the Housing Rehabilitation Program funded by the County's 2008 Community Development Block Grant and Tulare County Redevelopment Agency Funds.

17.             Approve the transfer of ownership of Surface Mining Permit and Reclamation Plan (PMR 05-001) from Lee McClatchey to Orosi Rock, relinquishing Lee McClatchey from any further responsibility originating from said permit, including the Conditions of Approval and approved Financial Assurances.

18.             Direct Resource Management Agency to publish notices of a public comment period terminating not less than 45-days after the first date of publication, and return to the Board of Supervisors with a report and recommendation for final action following the expiration of the 45-day period.  Open the 45-day public comment period for the expenditure of the Fiscal Year 2006/2007 and 2007/2008 HR2389 Title III, Safety Net funds:  $289,503 to reimburse the allowable project of Sheriff's Department Search and Rescue and other emergency services on Federal lands; $10,000 to reimburse the allowable project of Tulare County Office of Education Clemmie Gill School of Science and Conservation (SCICON) that was approved in 2003/2004 but not completed; and add an additional $10,000 to reimburse the allowable project of SCICON and any unspent balance to be placed in the Trust Fund Cash Account Number 516-2360 to roll over to Fiscal Year 2008/2009 for use on approved projects.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

19.             Request from Health and Human Services Agency to approve Proclamation declaring April 7-13, 2008 as Promoting Public Health Week campaign "Planning and Promoting a Healthier Tomorrow" and accept a presentation on Public Health activities.

20.             Public Comments

21.             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

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: 

Consideration of Tentative Subdivision Map No. 795 (Costa), Globe Drive, Springville

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 - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases:  1

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...