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

 

May 20, 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. Proclamation honoring Granite Hills High School's Grizzly Gazette on being named 2007 National Scholastic Press Association Online Pacemaker.

2.                  9:00 a.m. Proclamation honoring the Redbud Garden Club.

3.                  9:00 a.m. Presentation on the status of the Farm Labor and History of Agriculture Museum Project.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  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.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

5.                  PUBLIC HEARING: Request from the Redevelopment Agency 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.

6.                  PUBLIC HEARING: Request from the Redevelopment Agency 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 7 through 33)

 

 

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.

 

 

 

Agricultural Commissioner/Sealer

7.                  Approve the Notice of Exemption pursuant to the California Environmental Quality Act and the State CEQA Guidelines. Direct the Clerk of the Board to file the Notice of Exemption with the County Clerk. Approve $22,571 for projects recommended by the Tulare County Fish & Game Commission for Fiscal Year 2008/2009. Authorize the Agricultural Commissioner to approve disbursement of funds for these projects upon adoption of the Fish & Game Propagation Program budget for Fiscal Year 2008/2009.

Board of Supervisors

8.                  Ratify the following Proclamations: Recognizing the Peace Officers' Memorial in Tulare County; Honoring Maestro David Andre upon his Retirement from the Tulare County Symphony; Honoring Joe Horswill as the Volunteer Bureau Special Volunteer Award Recipient; Honoring Bill Ingram as the John Conway Award for Community Spirit Recipient; Honoring Tony Taylor and Res*Com as the Bureau Director's Award for Community Spirit and Volunteering Recipient; and Honoring Marleen Borges as the Agnes Hinman Award for Outstanding Volunteering Recipient.

9.                  Appoint J. Steven Worthley to the Local Agency Formation Commission (LAFCO) for a term ending the first Monday in May 2012.

10.             Appoint Kim Aguiar to the Deferred Compensation Committee to represent District 1 for a term ending January 2, 2009.

County Administrative Office

11.             Approve the bid documents for the Visalia Library Roof Project. Authorize the advertisement of bids and establish the bid opening at 2:00 p.m. on Thursday, June 26, 2008.

Health & Human Services Agency

12.             Authorize the submittal of an application to the Governor's Office of Emergency Services for the Emergency Management Performance Grant in the amount of $130,803 for Fiscal Year 2008, to support activities that contribute to the Operational Area's capability to prevent, prepare for, mitigate against, respond to and recover from emergencies and disasters, whether natural or man-made.

13.             Approve an amendment to Agreement No. 21583 with RX Relief Pharmacist Specialists in the amount of $180,000, to extend the term to June 30, 2009, to provide temporary Pharmacists and Pharmacy Technicians at Hillman Health Center Pharmacy to temporarily assist during vacancies, vacations, and illnesses.

14.             Approve an amendment to Agreement No. 21893 with Envision Resources, Inc. to assist in accessing Patient Assistance Programs by pharmaceutical manufacturers that make some of their drugs available free of charge to patients who do not have prescription drug coverage, effective July 1, 2008 through June 30, 2009.

15.             Approval of amendment to Agreement No. 23248 with Golden State Health Centers, Inc. d.b.a. Sylmar Health and Rehabilitation Center in the amount of $1,000,000, to extend the term of the agreement to June 30, 2009, to provide stabilization and long-term maintenance for mentally disabled clients of Tulare County.

16.             Approve an amendment to Agreement No. 23254 with Plumlee's Board and Care in the amount of $635,100 to provide basic living and care services to the mentally disabled residents of Tulare County, effective July 1, 2008 through June 30, 2009.

Information Technology

17.             Approve an agreement with Secure Content Solutions, Inc. to provide Sophos anti-virus software and maintenance of the software in the amount of $123,641, effective July 1, 2008 through December 31, 2011.

18.             Approve an agreement with Bear Data to provide hardware and software maintenance for infrastructure equipment in the amount of $182,508, effective July 1, 2008 through June 30, 2009.

Resource Management Agency

19.             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 07-006 from A-1 (Agricultural) to R-1 (Single Family Residential), on a 23.38-acre parcel, located on the west side of Road 168 (Woodville Road) between Dale Avenue and Avenue 172 in Woodville. Set a Public Hearing for June 3, 2008 at 9:30 a.m.

20.             Introduce and waive the first reading an ordinance for Development Agreement No. PDA 07-002; to amend an existing Development Agreement (PDA 92-003) to remove 9.68 acres acquired by Cal Trans and also to remove 7.19 acres which will be entered into a separate Development Agreement PDA 07-002 for a Self-Storage/RV Boat Storage Facility, Retail Office Complex and caretaker apartment in the PD-C-3-SC (Planned Development-Service Commercial-Scenic Corridor) Zone. Set a Public Hearing for June 3, 2008 at 9:30 a. m. in accordance with the County Zoning Ordinance and State Planning and Zoning Law.

21.             Authorize Resource Management Agency staff to process a one time pre-payment of rent and janitorial services prior to this fiscal year's end on offices leased at 8040 Doe Avenue in Visalia Agreement No. 16693-M. Authorize the Chairman to sign and notarize the attached Memorandum of Lease and direct the Clerk of the Board to record it.

22.             Approve an agreement with the Southern San Joaquin Municipal Utility District and Frasinetto Farms for the transfer and conveyance of water. Authorize the Chairman to sign the Agreement, subject to review and approval as to form by County Counsel. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreements.

23.             Approve an agreement with the Garfield Water District and Styrotek, Inc. for the transfer and conveyance of water. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreements.

24.             Approve an agreement with Broer Lanting and Audrey Lanting, and Successors, as Trustees of the Lanting Family Trust for Purchase of Temporary Construction Easements for the Road 80 Widening Project. Authorize Chairman to sign the Agreement. Authorize the Resource Management Agency Director, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $500 in favor of Broer Lanting and Audrey Lanting.

25.             Approve an agreement with Joel Moreno and Maria R. Moreno and Simon Andrade and Monica Andrade for Purchase of Temporary Construction Easements for the Road 80 Widening Project. Authorize the Chairman to sign the Temporary Construction Easement acceptance. Authorize the Resource Management Agency Director, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $1,000 in favor of Joel and Maria R. Moreno and Simon and Monica Andrade.

26.             Approve an agreement for Purchase of Property from Anna A. Krause, Trustee of the John L. Krause Disclaimer Trust Dated December 2, 2000, as to an undivided interest and Anna A. Krause, Trustee of the Anna A. Krause Survivor's Trust Dated December 2000, as to an undivided interest for the Road 80 Widening Project, located along the west side of Road 80 approximately 660 feet north of Avenue 376. Authorize the Chairman to sign the Grant Deed and Temporary Construction Easement acceptances. Authorize the Resource Management Agency Director, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $48,500 in favor of Chicago Title Company.

27.             Approve a fixed asset purchase of a used 26-Passenger Transit Bus in the amount of $10,800 from the City of Porterville. Authorize the Purchasing Agent to purchase the used 26-Passenger Transit Bus directly from the City of Porterville. Approve the necessary budget adjustments. (4/5ths vote)

28.             Authorize the Chairman to sign the Letter of Commitment from the California Department of Public Health, reserving $276,500 in grant monies, for the well abandonment project within the Delft Colony Zone of Benefit. Designate Assistant RMA Director-Engineering/County Surveyor as the official to: Approve claims for reimbursement; Sign the project's Budget and Expenditure Summary Form; Sign the project's Final Release Form; Certify that the project is complete and ready for final inspection; and Be the designated grant administrator. Authorize the Tulare County Auditor to make budget adjustments establishing a separate budget line that includes project and funding agreement numbers as required by the California Department of Public Health. (4/5ths vote)

29.             Accept the funds in the amount of $27,500 from the Frank A. and Mary J. Vieira Trust. Approve the transfer of the Vieira Trust fund monies from the Tulare County Museum to Tulare County Historical Society non-profit Museum Improvement Fund. Approve the necessary budget adjustments. (4/5ths vote)

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

30.             Adopt a Resolution opposing the abandonment and abandonment exemptions of the entire 39.77 mile Exeter Branch feeder line between Exeter, milepost 259.40 and Joveista, milepost 299.17 by the San Joaquin Valley Railroad.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

31.             Approve the sole-source purchase of Taser X26 weapons, cartridges, holsters, batteries and video recording equipment from Pro Force Law Enforcement. Authorize the Purchasing Agent to waive the bid and make the sole-source purchase. Approve the necessary budget adjustments. (4/5ths vote)

32.             Approve an amendment to Agreement No. 22057 with the State of California, Department of Corrections and Rehabilitation to extend the term for the period July 1, 2008 through June 30, 2011 to house inmates at the Adult Pre-Trial Facility.

33.             Ratify and approve a Grant Award Agreement with the Governor's Office of Emergency Services for the Sexual Assault Felony Enforcement (SAFE) Grant Program for Fiscal Year 2007/2008, retroactive to July 1, 2007 through June 30, 2008. Ratify and approve the Grant Award Amendment 1, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter both the agreement and amendment on July 1, 2007, and that it was in the best interest of the County to enter into the agreements on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

34.             Request from Health and Human Services Agency to re-appoint the following individuals to the Tulare County Child Care Development and Planning Council in the noted categories: Karen Hansen/Public Agency, Mary Thomas/Public Agency, Karen Ball/Public Agency, Sherri Glenn/Community, Mike Gibson/Community, Edwyn Ortiz-Nance/Community, Rosemary Caso/Discretionary, and Nancy Driver/Child Care Provider. Direct the Clerk of the Board to recruit for the listed vacancy per the provisions of the Maddy Act. Approve and accept the Identified Child Care Priorities Report Form, approve the Tulare County Child Care Development and Planning Council Needs Assessment, and receive a presentation regarding the Tulare County Child Care Development and Planning Council Needs Assessment.

35.             Request from Board of Supervisors to adopt a Resolution in opposition to Routes 1 and 2 and in favor of Route 3 of the proposed San Joaquin Cross Valley Loop Transmission Project.

36.             Request from Resource Management Agency to consider a request from the Cutler Latin American Club for a waiver of park fees in the amount of $3,800 associated with the 2007 Pre-harvest Festival and 2008 Pre-harvest Festival at Ledbetter Park.

37.             Request from Resource Management Agency to deny PZI 07-006 (Magan/Lemon Cove) to proceed with a Zone Change from AE-40 (Exclusive Agriculture-40 acre minimum) to C-2 (General Commercial). The site is located approximately a half-mile north of the Community of Lemon Cove and one mile southwest of Lake Kaweah, on State Highway 198 at the intersection of State Highway 216.

38.             Public Comments.

39.             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 - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9(c).)

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Government Code Section 54956.9(b)(1).)

Number of Potential Cases:

Public hearing regarding consideration of tentative subdivision map for Tract 797, to divide 15.81acres into 36 lots located on the southwest corner of Avenue 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

(Government Code Section 54956.9(b)(1).)

Number of Potential Cases: 4

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a.).)

Name of Case: Kings River Conservation Committee, Valley Advocates v. County of Tulare, et al, (Real Parties in Interest David Rosenbaum and Beatrice Rosenbaum, Riverland Real Property Investment, Inc., et al).

Tulare County Superior Court Case Number 07-223908

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...