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

 

June 10, 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 given by Eric Von Berg regarding an update on the California High Speed Rail.

2.                  9:00 a.m. Demonstration of the Probation Department's Case Management System, Caseload Explorer.

3.                  11:30 a.m. Tour of the Visalia Library Expansion and Renovation Project, Phase 1 Children's Wing, New Lobby and Administration.


 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING:   Request from Resource Management Agency to receive comments regarding the proposal to commit funds from the Community Development Block Grant (CDBG) Program Income (PI) Housing Revolving Loan Account (RLA) to the 06-STBG-2598 Grant.  Authorize the commitment of $62,000 from the CDBG PI Housing RLA to the 06-STBG-2598 Grant.

5.                  PUBLIC HEARING:   Request from Resource Management Agency to deny an appeal filed by Jillian Faria and uphold the Zoning Administrator's denial of Special Use Permit No. PSP 07-140 (ZA) for a 100-foot tall wireless communications facility on the property located at 34455 Sierra Drive, approximately 1 mile east of Road 248 (near Lake Kaweah), and approximately 1,300 feet south of Sierra Drive (State Route 198), northeast of Lemon Cove.

6.                  PUBLIC HEARING:   Request from Resource Management Agency 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 and close the public hearing and approve a 10% increase.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 37)

 

 

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.                  Ratify and approve an amendment to Agreement No. 22387 with Judy Stewart-Leslie in the amount of $360,000 for continuing to provide services as Field Coordinator for the Glassy-winged Sharpshooter Area Wide Management Program, retroactive to July 1, 2007 through June 30, 2010.

Auditor-Controller/Registrar of Voters

8.                  Ratify and approve an amendment to Agreement No. 23321 with the Secretary of State for federal Help American Vote Act Funds, retroactive to October 15, 2007 through December 31, 2010.

 

 

Board of Supervisors

9.                  Ratify a letter to Assemblyman Bill Maze requesting that Tulare County be removed from the text of Assembly Bill 1884, which would allow the Tule River Tribal Council to enter into a Joint Powers Agreement with the City of Porterville and the County of Tulare.

10.             Ratify the following Proclamations:  Honoring Edward E. Tellalian Cutler Latin American Club Man of the Year; Honoring Hortencia A. Espino Cutler Latin American Club Woman of the Year; and Honoring Gary Chambers Cutler Latin American Club Grand Marshall.

11.             Reappoint Geneva Philpot to the Visalia Public Cemetery District for a term ending at Noon on the first Monday of January 2012.

12.             Reappoint Paul Roche, Jr. to the Eshom Valley Public Cemetery District for a term ending at Noon on the first Monday of January 2010.  Reappoint Bill Place and Larry Jordan to the Eshom Valley Public Cemetery District for terms ending at Noon on the first Monday of January 2010.

13.             Reappoint William S. McKinley to the Assessment Appeals Board, District 5 Representative, for a term ending September 2, 2011.

14.             Appoint Elissa M. Padilla to the Community Health Center Board for a term ending April 18, 2011.

County Administrative Office

15.             Ratify actions taken by the County Administrative Officer during the month of May 2008.

16.             Authorize expenditure of $2.4 million in current excess and future deposits in the Criminal Justice Facilities Trust (Fund 463) for annual debt service obligations for County criminal justice facilities construction in Building Debt Service Fund 024 that otherwise would have to be paid from the General Fund.  (4/5ths vote)

Health & Human Services Agency

17.             Ratify and approve an amendment to Agreement No. 23165 with the State Department of Alcohol and Drug Programs, for combined Drug/Medi-Cal and Net Negotiated Funds for the purpose of substance abuse treatment programs, 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.  Approve the necessary budget adjustments.  (4/5ths vote)

18.             Approve an amendment to Agreement No. 21286 with the Visalia Unified School District to extend the term of the agreement to June 30, 2011 to provide access to school sites for County staff providing immunization services to pupils.

19.             Approve the Memorandum of Understanding with the Porterville Developmental Center and Tulare County Health and Human Services Agency, Women, Infant, and Children Program for the continuance of the Dietetic Internship Program for the recruitment and retention of Registered Clinical Dietitians effective August 4, 2008 through July 31, 2009.

20.             Approve an agreement with the California Department of Health Care Services in the amount of $25,293,154 for the Medi-Cal Administrative Activities Program to assist in the proper and efficient administration of the Medi-Cal Program by improving the availability and accessibility of Medi-Cal Services to Medi-Cal eligible and potentially eligible individuals and their families, for the period July 1, 2008 through June 30, 2011.

Human Resources & Development

21.             Adopt the Class Designation and Specifications adding the enumerated Health and Human Services Agency Division Manager classifications and the Public Guardian, effective June 22, 2008.

Probation

22.             Approve an amendment to Agreement No. 20861 with Community Services & Employment Training, Inc. to provide direct services to both youth and their families which have been referred to Neighborhood Accountability Boards not to exceed $123,300 for the period of July 1, 2008 through June 30, 2009.

23.             Approve an amendment to Agreement No. 20935 with Community Services & Employment Training, Inc. to provide direct services to youth in Goshen and Pixley through community centers not to exceed $121,500 for the period of July 1, 2008 through June 30, 2009.

Resource Management Agency

24.             Approve the Boating Safety and Enforcement Financial Aid Program Contract with the California Department of Boating and Waterways for participation in the Boating Safety and Enforcement Program for Fiscal Year 2008/2009.  Authorize the Resource Management Agency Director, or his authorized designee, to submit claims for reimbursement.  Approve the necessary budget adjustments.  (4/5ths vote)

25.             Approve a Measure R Program Supplement to Agreement No. 23149 with the Tulare County Association of Governments acting as the Local Transportation Authority in the amount of $356,075 for the Avenue 416 Kings River Bridge.

26.             Approve a Measure R Program Supplement to Agreement No. 23149 with the Tulare County Association of Governments acting as the Local Transportation Authority in the amount of $2,218,000 for the Avenue 416 Road 56 Intersection Traffic Signal Project.

27.             Approve the Plans, Special Provisions, Proposal and Contract for the construction of the Avenue 416 Road 56 Intersection Traffic Signal Project.  Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids of the Avenue 416 and Road 56 Intersection Traffic Signal Project.  Set the bid opening date for Wednesday, July 16, 2008 at 10:00 a.m.  Reaffirm that the project will have no significant impact on the environment pursuant to a Negative Declaration adopted on December 11, 2007 (Resolution No. 2007-0842).

 

 

28.             Approve an amendment to Agreement No. 23155 with Central Valley Christian Housing Development, Inc. to decrease the amount of funding allocated for activity delivery in the amount of $150,968 and increase the amount of funding allocated for rehabilitation loans in the amount of $629,032.

29.             Approve an agreement with Central Valley Christian Housing Development Inc. in the amount of $800,000 to provide project management services for the Housing Rehabilitation Program funded by Grant No. 07-HOME-3083.

30.             Approve an agreement with Central Valley Christian Housing Development Inc. in the amount of $625,000 to provide project management services for the Emergency Repair Program funded by CalHome Grant No. 06-CalHome-242 and Tulare County Redevelopment Agency funds.

31.             Approve the Cooperative Agreement with City of Porterville to allow the City of Porterville to acquire right of way within the County jurisdiction for the Scranton/Indiana Road Widening and Reconstruction Project.  Approve the Operations and Maintenance Agreement with the City of Porterville for a portion of Scranton Avenue between the city limit line east of State Route 65 and Indiana Street and Indiana Street between the city limit line at Gibbons Avenue and Hemlock Avenue, south of the City of Porterville.  Ratify the environmental document prepared for the project and approved by the Porterville City Council on April 1, 2008 (State Clearinghouse Number 2008021082).

32.             Authorize a restricted parking zone for commercial vehicles, in accordance with California Vehicle Code, Section 22507(a), at the following locations:  on both sides of Avenue 196 from Diagonal 242 (Orange Belt Drive) to Road 232 in the community of Strathmore; and on the south side of Avenue 152 (Olive Avenue) from its intersection with Newcomb Street to the Porterville City Limits, 1,500 feet west of said intersection.  Approve the posting of commercial vehicle parking restriction signs at the above noted locations.

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

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

34.             Authorize the Tulare County Redevelopment Agency to submit an application for a 2008 Highway-Railroad Crossing Safety Account grant for Phase 2 of the Betty Drive Realignment and Improvement Project.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

 

Sheriff/Coroner

35.             Approve amendments to the following Agreements:  22948 with Allensworth Elementary School District; 22950 with Earlimart School District; 22951 with Pixley Union School District; and 22952 with Tipton Elementary School District to extend the term through January 31, 2009 for the Secure Our Schools Program that provides a Sheriff's Deputy to work with school officials and students to enhance school safety.

36.             Approve the Memorandum of Understanding between the Sheriff's Department and the California National Guard Counterdrug Task Force for the National Guard to provide aircraft and personnel to increase effectiveness of the Sheriff's anti-drug operations.

Workforce Investment Board

37.             Reappoint the following individuals to the Tulare County Workforce Investment Board, Inc. Board of Directors for terms ending May 31, 2010:  Bill DeLain; Carolyn Kehrli; Carolyn Rose; George Maness; Gil Aguilar; Joe Hallmeyer; John Davis; Paul Saldana; Robert Alcazar; and Sandra Bullard.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

38.             Request from the Board of Supervisors to approve a Resolution authorizing the Chairman to sign an Offer of Financial Assistance if the Surface Transportation Board approves the proposed San Joaquin Valley Railroad rail abandonments.

39.             INFORMATION ONLY:  Bid opening results for the Sequoia Field Airport Rehabilitate Runway.

RJ Berry Jr. Inc.                                 $1,512,150.00

American Paving Co.                       $1,683,324.30

Granite Construction Co.                 $1,804,661.00

Lee’s Paving Inc.                               $1,995,892.00

Glen Wells Construction                   $2,182,442.80

 

Engineer’s Estimate                      $1,762,560.00

40.             Public Comments.

41.             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:  California State Board of Pharmacy v. County of Tulare, et al

Office of Administrative Hearing Case Numbers N2007050476 and N2007060030

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a.).)      

Name of Case:  James Taylor v. County of Tulare

Tulare County Superior Court Case Number 03-204498

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

A dispute as to the necessity and cost for improvements to the Tulare Courthouse proposed by the Administrative Office of the Courts

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases:  1

Appeal by Jillian Faria (Verizon Wireless) of Zoning Administrator's denial of Special Use Permit Number PSP 07-140 for a 100-foot tall wireless communication facility at 34455 Sierra Drive.

Next Item(s) Sitting as...

ITEM E

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 F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: a 30.57 mile line of railroad between Strathmore, CA milepost 268.60 and Jovista CA, milepost 299 17 in Tulare County

Agency Negotiator: Henry Hash, Resource Management Director

Negotiating Parties: San Joaquin Valley Railroad Company

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: a 9.2 mile rail line of railroad between near Exeter, milepost 259 40 and near Strathmore milepost 268.60 in Tulare County

Agency Negotiator: Henry Hash, Resource Management Director

Negotiating Parties: San Joaquin Valley Railroad Company

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: a 30.57 mile line of railroad between Strathmore, CA milepost 268.60 and Jovista CA, milepost 299 17 in Tulare County; and a 9.2 mile rail line between near Exeter, milepost 259 40 and near Strathmore milepost 268.60 in Tulare County

Agency Negotiator: Henry Hash, Resource Management Director

Negotiating Parties: Union Pacific

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

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...