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 TULARE COUNTY REDEVELOPMENT AGENCY

 

April 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 by Agricultural Commissioner/Sealer of the 2007 Tulare County Annual Crop and Livestock Report.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBLIC HEARING: Request from Resource Management Agency for consideration of Tentative Subdivision Map for Tract No. TM 797 to divide approximately 15.81 acres into 36 lots in the R-A-12.5 (Rural Residential - 12,500 sq. ft. minimum) Zone, and Exceptions to the Subdivision Ordinance regarding block depth, double frontage lots, reversed corner lots, and length of cul-de-sac easements, respectively. The site is located on the southwest corner of Avenue 396 and Road 34, southwest of Dinuba and east of Kingsburg. Certify that it has reviewed and considered the information contained in the Mitigated Negative Declaration for the proposed tentative map, 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 tentative map. Find there is no substantial evidence that said tentative map will have a significant effect on the environment that cannot be mitigated to a level that is less than significant, and determine that the Mitigated 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. Adopt the findings for approval as set forth in Planning Commission Resolution No. 8301. Approve Tentative Map for No. Tract 797, subject to the conditions recommended by the Planning Commission in Resolution No. 8301. Direct the Clerk of the Board of Supervisors to return the Notice of Determination to the Resource Management Agency for future filing with the County Clerk.

3.                  PUBLIC HEARING: Request from the Library to consider the following proposed adjustments to the library fee schedule: $3.00 for conducting out of San Joaquin Valley Library System obituary research requests; eliminate the Library hold fee of $.50; establish a Library fee of $.25 for each hold that is not picked up by a customer; eliminate the talking book rental fee of $1.00; eliminate the VHS rental fee of $1.00; and increase the out of the San Joaquin Valley Library System interlibrary loan fee from $2.00 to $2.50.

4.                  PUBLIC HEARING: Request from Assessor/Clerk-Recorder to authorize an additional one dollar ($1) recording fee, beginning on June 1, 2008, to implement the Social Security Truncation Program mandated by AB1168 (2007). Require the Auditor-Controller/Treasurer-Tax Collector to conduct the two reviews mandated by Government Code Section 27361(d)(4) within the timeframe prescribed therein.

5.                  PUBLIC HEARING: Request from Treasurer-Tax Collector to consider changes to the fee schedule of the Tulare County Tax Collector. Approve the proposed fee schedule for the Tax Collector.

 

 

 

 

 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

6.                  PUBLIC HEARING: Request from the Tulare County Redevelopment Agency to hold a public hearing to hear comments of all interested parties for the purpose of reviewing the Redevelopment Plans and the 2005-2010 Implementation Plans for the Tulare County Redevelopment Project Areas of Cutler-Orosi, Earlimart, Goshen, Richgrove and Traver and evaluate the progress of each area.

7.                  PUBLIC HEARING: Request from the Tulare County Redevelopment Agency to hold a public hearing to hear comments of all interested parties for the purpose of reviewing the 2008-2012 Implementation Plans for the Tulare County Redevelopment Project Areas of Ivanhoe, Pixley and Poplar-Cotton Center. Adopt 2008-2012 Implementation Plans for the Ivanhoe, Pixley and Poplar-Cotton Center Redevelopment Project Areas.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 25)

 

 

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/Treasurer-Tax Collector

8.                  Authorize the Auditor/Controller to transfer to the General Fund, pursuant to Government Code 50053 and 50055, unclaimed funds currently in the Sheriff, Probation and Tax Collector's special fund accounts.

Board of Supervisors

9.                  Appoint Tim Peltzer to the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2010.

Child Support Services

10.             Approve the fixed asset purchases of two Cisco 3750 network devices not to exceed $13,500 each. Approve the fixed asset purchases of three replacement computer servers not to exceed $9,000 each. Approve the necessary budget adjustments. (4/5ths vote)

 

 

 

County Counsel

11.             Request from Risk Management to approve the termination of the California Public Entity Insurance Authority Joint Powers agreement. The California Public Entity Insurance Authority Board of Directors took action to terminate the agreement between the California State Association of Counties Excess Insurance Authority and the California Public Entity Insurance Authority effective July 1, 2007. The California State Association of Counties Excess Insurance Authority and the California Public Entity Insurance Authority have merged into one organization, the Excess Insurance Authority, and there is no need for the California Public Entity Insurance Authority to continue to exist.

Human Resources & Development

12.             Ratify and approve an agreement with Health and Human Resource Center, Inc. (dba Horizon Health Employee Assistance Program - Behavioral Services), subject to review and approval by County Counsel, to provide an Employee Assistance Program to Tulare County employees and their dependents retroactive to November 1, 2007 through December 31, 2008, with an automatic renewal for successive twelve (12) month periods subject to termination as provided for in the agreement. 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. Authorize the Human Resources Director, in concert with Risk Management, to use the savings for employee programs/benefits aimed at reducing exposure to workers' compensation-related liabilities including wellness programs.

13.             Ratify and approve an agreement with Standard Insurance, subject to review and approval by County Counsel, to provide the Tulare County Employee Life/ADD Insurance and Long-Term Disability Insurance Programs effective January 1, 2008. The length of successive renewal periods will not be less than 12 months and the agreement provides for an initial rate guarantee period that runs through January 1, 2010. 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.

Purchasing

14.             Ratify and approve an amendment to Agreement No. 22283 with Mineral King Laboratory for performing Drug Screening and Analysis and Testing, retroactive to April 27, 2007 through June 30, 2009. Find that the Board had authority to enter into the proposed amendment as of April 27, 2007 and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

15.             Set June 10, 2008 at 9:30 a.m. for the required Public Hearing to consider a request for a solid waste collection rate increase from the Tulare County Refuse Removal Association for Service Areas A, B, C, D, E, G, H and J.

 

16.             Accept the required public improvements as complete and accept the roads into the County Road System for Subdivision Tract No. 763 located on the south side of Avenue 176 (Frazier Valley Drive), approximately one mile west of Road 320, southwest of Springville.

17.             Approve an Agreement in the amount of $123,250 with the Tooleville Mutual Nonprofit Water Company to provide project financing of water distribution system upgrades funded by the County's Community Development Block Grant (CDBG) General Allocation Grant No. 06-STBG-2598 ($90,000) and CDBG Planning/Technical Assistance Grant No. 06-STBG-2559 ($33,250).

18.             Approve the Final Map for Subdivision Tract No. 767. Accept the road right of way dedications for Subdivision Tract No. 767 as shown on the Final Map. Accept the grant deed for the one-foot reserve strip identified on the Final Map for Subdivision Tract No. 767 as Lot A. Accept the required public improvements for Subdivision Tract No. 767 as complete and accept the roads into the County road system.

19.             Approve proceedings to form Assessment District No. 07-767R-VISALIA, to pay for the continuing cost of maintenance of the public streets within Subdivision Tract No. 767, located north of Avenue 320 east of Road 124, north of the City of Visalia. Approve the Engineer's Report. Approve the Proposed Boundaries Map and direct the Clerk of the Board to file certified copies with the County Recorder. Declare the Board's intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement authorizing Kap Su Davis to collect the assessments for Fiscal Years 2007/2008 and 2008/2009 upon first conveyance of each lot.

20.             Approve proceedings to form Assessment District No. 07-767-VISALIA, to pay for the continuing cost of maintaining the storm drainage system improvements, located within Subdivision Tract No. 767 located north of Avenue 320, east of Road 124, north of the City of Visalia. Approve the Engineer's Report. Approve the Proposed Boundaries Map and direct the Clerk of the Board to file certified copies with the County Recorder. Declare the Board's intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement authorizing Kap Su Davis to collect the assessments for Fiscal Years 2007/2008 and 2008/2009 upon first conveyance of each lot.

21.             Approve proceedings to form Assessment District No. 07-792R-VISALIA, to pay for the continuing cost of maintenance of the public streets within Subdivision Tract No. 792, located at the west of the intersection of Avenue 308 and Road 76, west of the City of Visalia. Approve the Engineer's Report. Approve the Proposed Boundaries Map and direct the Clerk of the Board to file certified copies with the County Recorder. Declare the Board's intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement authorizing Smee Builders to collect the assessments for Fiscal Years 2007/2008 and 2008/2009 upon first conveyance of each lot.

22.             Approve proceedings to form Assessment District No. 07-792-VISALIA, to pay for the continuing cost of maintenance of maintaining the storm drainage system improvements, located within Subdivision Tract No. 792 located at the west of the intersection of Avenue 308 and Road 76, west of the City of Visalia. Approve the Engineer's Report. Approve the Proposed Boundaries Map and direct the Clerk of the Board to file certified copies with the County Recorder. Declare the Board's intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement authorizing Smee Builders to collect the assessments for Fiscal Years 2007/2008 and 2008/2009 upon first conveyance of each lot.

23.             Designate the establishment of a Survey Area Boundary for the potential creation of a new Redevelopment Project Area in the community of Strathmore. Find that the proposed Strathmore Survey Area Boundary needs to be studied to determine the feasibility of establishing a Redevelopment Project Area in accordance with California Community Redevelopment Law, Health and Safety Code 33312.

24.             Designate the establishment of a Survey Area Boundary for the potential creation of a new, combined Redevelopment Project Area in the communities of Terra Bella and Ducor. Find that the proposed Terra Bella and Ducor Survey Area Boundary needs to be studied to determine the feasibility of establishing a Redevelopment Project Area in accordance with California Community Redevelopment Law, Health and Safety Code 33312.

Sheriff/Coroner

25.             Approve a fixed asset purchase to upgrade the Sheriff's 9-1-1 dispatch equipment. Authorize the Purchasing Agent to waive the bid process and purchase directly from AT&T under CMAS Agreement No. 5-06-58-11 for the equipment, installation and service to upgrade the 9-1-1 dispatch system. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

26.             Presentation by Purchasing on the Alliance Program with Office Depot and other Government entities.

27.             Public Comments.

28.             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).)

Name of Case: Troy Randall Hagar v. County of Tulare, et al

Superior Court Case Number 07-223615

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ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9(b)(1).)

Number of Potential Cases:

Public hearing regarding consideration of tentative subdivision map for Tract 797, to divide 15.81 acres into 36 lots located on the southwest corner of Ave. 396 and rolled 34 Southwest of Dinuba and east of Kingsburg. Board of Supervisors Agenda Item, April 29, 2008.

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: 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

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

(Government Code Section 54957.6)

County Administrative Officer

 

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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

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