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

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

June 3, 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 to accept a donation of $150,000 from Visalia Heritage Inc. to the Children's Library Building Project account of the Tulare County Library Foundation as part of the larger donation from the Tulare County Library Foundation. Accept a donation of $420,493 from the Tulare County Library Foundation to the Visalia Branch Library Building Project. Approve the necessary budget adjustments. (4/5ths vote)

2.                  9:00 a.m. Presentation on Business Decision, a new electronic business service tool that is being offered on the Tulare County Library web page.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the Resource Management Agency to hold a public hearing in accordance with Street and Highways Code Section 100.22 and receive public testimony regarding the adoption of a Freeway Agreement by and between the County of Tulare and the State of California Department of Transportation for State Route 198 from the Kings/Tulare County Line to the Visalia City limit line 0.3 miles east of State Route 99. Close the public hearing and approve the Freeway Agreement. Direct the Clerk of the Board of Supervisors to return a certified copy of the Resolution to the Resource Management Agency for transmittal to Caltrans.

4.                  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 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. 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 determined 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 a1970, as amended. Adopt the findings for approval for the Change of Zone, as set forth in Planning Commission Resolution No. 8315. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance. Direct the Clerk of the Board to publish the adopted Ordinance and return the signed Notice of Determination to the Resource Management Agency.

5.                  PUBLIC HEARING: Request from Resource Management Agency to certify that your Board has reviewed and considered the information contained in the Negative Declaration prepared for the proposed Development Agreement PDA 07-002. Find that said development will not have a significant effect on the environment on property in the PD-C-3-SC (Planned Development-Service Commercial-Scenic Corridor) Zone, located on the south side of Noble Avenue, south of State Highway 198, approximately 650 ft. east of Road 152, east of Visalia. Waive the final reading and adopt the Ordinance. Approve the Development Agreement for a 10-year term, June 3, 2008 to June 3, 2018, as recommended by the Planning Commission and as set forth in Resolution No. 8332. Direct the Clerk of the Board to return the Notice of Determination to the Resource Management Agency for future filing with the County Clerk. Certify that your Board has reviewed and considered approval of the amendment to PDA 92-003, which removes 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 on property in the PD-C-3-SC (Planned Development-Service Commercial-Scenic Corridor) Zone, located on the south side of Noble Avenue, south of State Highway 198, approximately 650 ft. east of Road 152, east of Visalia. Find that said amendment retains the development and environmental standards that were identified and approved for Development Agreement No. PDA 92-003. Approve the amendment to the Development Agreement with a new property map showing the remaining 47.08-acres that will still be subject to the original Development Agreement No. PDA 92-003, as recommended by the Planning Commission and as set forth in Resolution No. 8331.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 41)

 

 

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 the following to the Agricultural Advisory Committee for terms ending June 30, 2012: John Kirkpatrick, District 1 Representative; Roy Pennebaker, Real Estate Industry Representative; Ben Curti, District 2 Representative; Robert R. Smith, District 3 Representative; David Sharp, At-Large Member; Keith Watkins, Farm Bureau Representative.

7.                  Reappoint Mae Brixey to the In-Home Supportive Services Advisory Committee, Relative Provider - Seat 7 for a term ending June 30, 2011.

8.                  Appoint Adam Peck, Department Head Category to the Financial Advisory Committee for a term ending June 30, 2009.

9.                  Ratify the following Proclamations: Honoring the Porterville Fair on its 60th Anniversary; Honoring Sierra View District Hospital for its 50 Years of Service; Honoring Family Services of Tulare County for its 25 Years of Service; Honoring Robert Travioli as the Tulare County Farm Bureau's Agriculturalist of the Year; Honoring Geary Austin as the Tulare County Farm Bureau's Service to Farm Bureau Recipient; Honoring Sal Soriano and Monrovia Nursery as the Tulare County Farm Bureau's Agribusiness of the Year; and Honoring Fernando Fernandez Tulare County Farm Bureau Friend of the Farm Bureau.

Child Support Services

10.             Approve an agreement between the California Department of Child Support Services and the County of Tulare regarding the use of an extra help attorney for the support of the Child Support Program and the California Child Support Automation System Project.

 

County Counsel

11.             Authorize the Clerk of the Board to notify, no later than July 1, 2008, each local agency for which the Board of Supervisors acts as the code reviewing body, that the local agency must review and, if necessary, update their conflict-of-interest code as required under Government Code Section 87306.5.

County Administrative Office

12.             Approve the Bob Wiley Administration Roof project as a Job Order Contract in the amount of $204,837.75. Authorize the Purchasing Agent to execute all necessary documents.

Health & Human Services Agency

13.             Approve an amendment to Agreement No. 23433 with the State Department of Mental Health to extend the term of the agreement to June 30, 2009 to provide services related to the development, implementation, and performance reporting of the Mental Health Services Act to 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.

14.             Approve an amendment to Agreement No. 23235 with Family Services of Tulare County, Inc. in the amount of $204,480 to extend the term of the agreement to June 30, 2009 to provide a community-based Family Preservation, Family Support, and Family Reunification Program to facilitate the reunification of a child that has been detained by Tulare County Child Welfare Services with the child's family in a safe, timely, and appropriate fashion.

15.             Approve an amendment to Agreement No. 23267 with Aurora Vista Del Mar Hospital to extend the term of the agreement to June 30, 2009, and update Exhibits "A", "B", "B-1", and "B-2" for the provision of 24-hour short term medically necessary acute psychiatric inpatient care, special treatment services, and crisis stabilization to Tulare County residents.

16.             Approve an amendment to Agreement No. 21639 with Central California Family Crisis Center, to extend the term of the agreement to June 30, 2009 to receive public health nursing services, including but not limited to, health and parenting education, immunizations, health screening, disease prevention, family planning services, HIV counseling, and referrals to medical and dental needs from Tulare County Health and Human Services Agency at the Porterville Women's Shelter.

17.             Approve an amendment to Agreement No. 21952 with College of the Sequoias Community College District to extend the term of the agreement to June 30, 2009 to provide student interns volunteering with Tulare County Health and Human Services Agency.

18.             Approve an amendment to Agreement No. 21794 with Town and Country Diagnostics to extend the term of the agreement to June 30, 2009 to provide X-Ray services to patients and clients of Tulare County at the Hillman Health Care Center in Tulare and a mobile clinic at the Visalia Health Care Center once a week or as scheduled.

19.             Approve an amendment to Agreement No. 23164 with Davis Guest Home, Inc. of Modesto to extend the term of the agreement to June 30, 2009, update Exhibit "A" Scope of Services, and Exhibit "B" Compensation to provide basic living and care services to chronically and persistently mentally ill adults.

20.             Approve an amendment to Agreement No. 23329 with Family Builders Foster Care, Inc. to extend the term of the agreement to June 30, 2009, to provide Intensive Foster Care Services which is an alternative to high level group home placements, level 12 or higher, or where a child is at imminent risk of psychiatric placement.

21.             Ratify and approve an amendment to Agreement No. 23265 with the California Department of Health Services, Office of Aids to increase the amount payable by $183,810 to a maximum amount payable of $1,246,854 to provide HIV/AIDS related programs and services such as HIV Prevention, HIV Counseling and Testing, HIV/AIDS Surveillance, Early Intervention, and AIDS Case Management, retroactive to July 1, 2007 through June 30, 2010. 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.

22.             Approve an agreement with the Tulare County Superintendent of Schools in the amount of $177,578 for continued provision of mental health services to Special Education Pupils from July 1, 2008 through June 30, 2009.

23.             Approve an agreement with JDT Consultants, Inc. in the amount of $165,000 to provide Therapeutic Behavioral Services, an intensive one-to-one therapeutic contact between a mental health provider and a child/youth (under the age of 21) for a short-term period of time, through June 30, 2009.

24.             Approve the Request to Dedicate Funds to the Mental Health Services Act Community Services and Supports Local Prudent Reserve that will ensure that the County is able to continue serving children, adults and seniors during years in which revenues for the Mental Health Services Fund are insufficient and authorize the Tulare County Director of Mental Health to sign the request.

25.             Authorize the Tulare County Auditor to establish an interest bearing Trust Fund of the deposit of Aboveground Petroleum Storage Act Program Grant funds to be used by the local Certified Unified Program Agency for the implementation and start up costs associated with Aboveground Petroleum Storage Act.

26.             Approve the increase in the fixed asset line for the purchase of five (5) high speed scanners through the California Multiple Award Schedule (CMAS) in the amount of $100,000 to be used for scanning multiple page documents of both current and closed case files for electronic storage. Approve the necessary budget adjustments. (4/5ths vote)

 

 

 

Probation

27.             Approve amendments to Agreement Nos. 21681, 21673, 21732, 21655, 21687 and 21688 with Pleasant View School District, Dinuba Joint Unified School District, Kings River Union School District, Porterville Unified School District, City of Exeter and City of Woodlake to provide the services of Probation Officers for the continued operation of the Thunderbolt Delinquency Prevention Program effective July 1, 2008 through June 30, 2009.

Resource Management Agency

28.             Approve an agreement with Community Services & Employment Training, Inc. in the amount of $102,225 to implement Tulare County Microenterprise Assistance Program services funded by Community Development Block Grant (CDBG) No. 05-EDBG-1976 and Tulare County Redevelopment Agency Funds.

29.             Approve an agreement with Valley Small Business Development Corporation in the amount of $195,275 to implement Tulare County Microenterprise Assistance Program services funded by Community Development Block Grant (CDBG) No. 05-EDBG-1976.

30.             Approve an agreement with State of California, Department of Housing and Community Development in the amount of $600,000 for the 2006 CalHome Reuse Account and Loan Servicing Monitoring to continue the County's Emergency Repair Program for owner-occupied houses in the Redevelopment Project Areas of Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley and Poplar-Cotton Center. Approve the revised CalHome Participation Guidelines.

31.             Approve an amendment to Lease Agreement No. 22610 with the South Tulare County Memorial District, Earlimart Building, to the agreement for an additional year and modify the monthly from $300 per month to $350 effective July 1, 2008 for office space located at 712 E. Washington in the Community of Earlimart.

32.             Authorize submittal of an application for a State Airport Improvement Program Matching Grant for the Sequoia Field Runway Rehabilitation Project. Authorize the Chairman of the Board to act on behalf of the County, to accept the allocation and execute in the name of the County of Tulare, the AIP Matching Grant Agreement with the State of California, subject to County Counsel review and approval.

33.             Approve the Plans and Specifications for the construction of the Road 80 Widening Project, Phase 1 from Avenue 304 to Avenue 328. Authorize the Chairman to sign the plans. Approve the advertisement of the Road 80 Widening Project, Phase 1 from Avenue 304 to Avenue 328. Set the bid opening date for Wednesday, July 9, 2008, at 2:00 p.m. Reaffirm that the project will have no significant impact on the environment pursuant to a mitigated negative declaration adopted on August 22, 2006 (Resolution No. 2006-0663).

34.             Set a Public Hearing on July 29, 2008 at 9:30 a.m. for consideration of sewer and water user fee adjustments for specific County Service Area Zones of Benefit (El Rancho, Seville, Tonyville, Tooleville, Yettem and Wells Tract sewer systems in addition to the Delft Colony and Yettem water systems). Approve the Notice of Public Hearing.

35.             Accept the required public improvements as complete and accept the roads into the County Road System for Subdivision Tract No. 757, located 1,300 feet north of Avenue 408, in Orosi.

36.             Approve the Mooney Grove Park Joint Water Project to facilitate and cooperate in the groundwater recharge efforts and to establish the ability to use surface water for irrigation purposes. Approve the Water Facilities Agreement with Kaweah Delta Water Conservation District, Tulare Irrigation District and the City of Tulare. Approve the Agreement Regarding Annexation and Water Delivery to Mooney Grove Park, with Tulare Irrigation District, and the City of Tulare. Authorize the Local Agency Formation Commission to process for annexation into the Tulare Irrigation District.

37.             Approve the expenditure of the Fiscal Year 2006/2007 and 2007/2008 HR2389 Title III, Safety Net funds. Approve $289,503 to reimburse the allowable project of Sheriff's Department Search and Rescue and other emergency services on Federal lands. Approve $10,000 to reimburse a proposed 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. Approve an additional $10,000 to reimburse a proposed allowable project of SCICON. Approve any unspent balance to roll over to Fiscal Year 2008/2009 for use on approved projects. Approve the necessary budget adjustments. (4/5ths vote)

38.             Approve Vesting Tentative Subdivision Map for Tract No. TM 798 submitted by Western Ag Realty, for subdivision of 23.38 acres into 106 residential lots, an Outlot A (to be utilized for a storm drainage basin), an Outlot B (to be utilized as a public sanitary sewer lift station), and a 44,671 sq. ft. Remainder Lot, in the R-1 (Single-Family Residential) Zone, located on the west side of Road 168 (Woodville Road), between Dale Avenue and Avenue 172, in Woodville. Certify that it has reviewed and considered the information contained in the 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 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. Adopt the findings for approval as set forth in Planning Commission Resolution No. 8316. Approve Vesting Tentative Map for Tract No. 798, subject to the conditions recommended by the Planning Commission in Resolution No. 8316. 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

39.             Approve Amendment No. 6 to Tulare County Redevelopment Agency Agreement No. RA-121 with Omni Means, Ltd. for Phase 2 of the Betty Drive/Avenue 312 Realignment and Improvement Project. Amend the RM3-RM3-2600 budget line 2150 (Professional and Specialized Services) from $400,000 to $1,554,365 and approve the necessary budget adjustments. (4/5ths vote)

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

40.             Approve sole-source purchases of specialized Search and Rescue operational equipment and supplies in the amount of approximately $50,000. Authorize the Purchasing Agent to waive the bid process for the sole-source purchases of specialized Search and Rescue operational equipment and supplies. Approve fixed-asset purchases of equipment for the Sheriff's Search and Rescue Unit in the amount of $41,500. Approve the necessary budget adjustments. (4/5ths vote)

41.             Approve a fixed asset purchase of a replacement full-size pick-up truck in the amount of $19,162 to be used by the Inter-Agency Narcotics Enforcement Team (INET). Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

42.             Request from Resource Management Agency or 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. 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.

43.             Request from Resource Management Agency to allow the project proponent of PZI 07-009 (Sequoia Ranch G.P.) to file an application for a Change of Zone within the Foothill Growth Management Plan from Foothill Agriculture (AF) to Planned Development-Foothill Combining-Special Mobile Home (PD-F-M) located northeast of the Community of Springville near the intersection of State Highway 190 and Balch Park Road.

 

44.             Request from Resource Management Agency to allow PZI 08-001 to proceed as a Change of Zone on approximately 0.63 acres from R-A-100 (Rural Residential) to C-2 (General Commercial) on a site located approximately two miles east of the City of Tulare on the northeast corner of the intersection of State Highway 137 and Road 140 (Lovers Lane).

45.             Public Comments.

46.             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: Joey Castillo, et al v. County of Tulare, et al

Tulare County Superior Court Case Number 07-222608

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a.).)

Name of Case: Loss Protection Investigations, Inc. v. County of Tulare

Tulare County Superior Court Case Number 08-227661

Next Item(s) Sitting as...

ITEM C

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 D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Request for a Development Agreement on a 7.19 acre parcel in the Planned Development-Service Commercial-Scenic Corridor Zone on property located on the south side of Noble Avenue south of State Highway 198 approximately 650 feet east of Road 152, east of Visalia. Board of Supervisors Agenda Item June 3, 2008.

Number of Potential Cases:

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

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, Woodville. Board of Supervisors Agenda Item June 3, 2008.

Number of Potential Cases:

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Consideration of tentative subdivision map for Tract 797, to divide 15.81 acres 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 June 3, 2008.

Number of Potential Cases:

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 3

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: 2

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

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...