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 TERRA BELLA SEWER MAINTAINANCE DISTRICT

 

July 8, 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. Recognition of Tulare County Employees who have been selected by their respective departments to be honored in the Employee Recognition Program. Announce and select the Tulare County Employee of the Year for 2007.


 

Ag Commissioner/Sealer

Health & Human Services Cont'd

Human Resources & Development

Bill Deavours

Israel Flores

Rhonda Sjostrom

Brenda Plum

Josefina Frame

 

 

Jesus Gaona

Library

Assessor/Clerk-Recorder

Rebecca Garcia

Judi Hill

Wil Bergen

Jessica Gocke

 

Gary Edde

Greg Gomez

Probation

Deltra Kibler

Michelle Hammond

Jennifer Childress

 

Kellie Hernandez

Rebecca Dushane

Auditor/Elections/Purchasing

Teresa Himden

Gene Fernandez

Rhonda Cope

Shiela Howland

Stephanie Franco

Al Guzman

John Hughes

Lupe Gomez

 

Keith Jahnke

Richard Lancaster

Child Support Services

Christina Jones

Dallas Langlois

Elayne Fuentes

Mary Jungwirth

Sharon Lehner

Maria Gutierrez

Erik Knutson

Jaci Long

Veronica Ritenour

Donna Lane

Summer Robinson

Valarie Simonich

Barbara Leach

 

Gretta Thomson-Tape

Tim Lutz

Resource Management Agency

Lisa Weisenborn

Diane Macdonald

Richard Bratcher

 

Rose Maciel

Manny Cabeje

Cooperative Extension

Sandra MacKiney

Maria Cota

Teresa Gomes

Grace Masterson

Mike Dickerson

 

Hal McCauley

Albert Franco

County Counsel

Carol McKellar

Ramon Lara

Deanne Peterson

Pamela Nelson

Mila Magana

 

Frances Ortiz

Robert Newby

Fire Department

Narcedalia Ortiz

Alexandra Rojas

Dave Lenz

Roger Ortiz

Tina Shaw

 

Eric Petersen

Janie Sustaita

District Attorney

Alma Potter

 

Darlene Taylor

Yolanda Pullen-Birch

Sheriff's Department

 

Cassandra Queen-Stahl

Shawn Hermosillo

Health & Human Services

Elizabeth Rios

James Howell

Julie Appelbaum

David Rodriguez

 

Frances Barrios

Anna Ruiz

Workforce Investment Department

Carrie Boggs

Lawrence Salgado

Natalie Hanes

Tiffany Breen

Carla Sawyer

 

Henry Camacho

Anna Schaefer

 

Tamara Cassidy

Sarah Shena

 

Rita Cervantes

Bernice Soto

 

Paul Charpentier

Somkhith Souryasack

 

Carmen Chavez

Darcy Stotesbery

 

Cheryl Cheek

Betty Tonini

 

Natalie Claussen-Rogers

Victoria Trejo

 

Carla Cosper

Sally Troncozo

 

Lorena Cruces

Alisa Vogel

 

Kathy Crutchfield

Jeanne Warren

 

James Delahunt

Pam Weller

 

Patricia Dillard

Theresa White

 

Natalie Faria

Karen Whited

 

 

2.                  9:00 a.m. Presentation regarding the 2008 Proclamation in Support of Child Support Awareness Month by the Tulare County Department of Child Support Service. Approve employee recognition activities during Child Support Awareness Month for the staff of the Tulare County Department of Child Support Services for their efforts to be the best in obtaining support.

3.                  9:00 a.m. Presentation honoring the Fresno State baseball team on winning the 2008 College World Series National Championship.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to consider and approve the placement of delinquent sewer and water service charges for all of Community Service Area No. 1 and Community Service Area No. 2 service fee charges, a delinquent penalty and the Auditor's collection charge for CSA No. 1 and CSA No. 2 on the 2008/2009 Tax Rolls.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

5.                  PUBLIC HEARING: Request from the Resource Management Agency to consider and approve the placement of delinquent sewer service charges, a delinquent penalty and the Auditor's collection charges for the Terra Bella Sewer Maintenance District on the 2008/2009 Tax Rolls.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 44)

 

 

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/Registrar of Voters

6.                  Waive the second reading and adopt an Ordinance amending Tulare County Ordinance Code Subdivision (c) of Section 7-01-2560 pertaining to waiver of the requirement to secure the payment of estimated property taxes and special assessments on lot line adjustments prior to the recordation of the decision on the lot line adjustment.

7.                  Authorize County employees to take a vacation day to volunteer as poll workers and receive the stipend paid by the Registrar of Voters, for both Election Day and training class(es) before Election Day, to the extent that they are not creating a difficulty for the County and they have authorization from their supervisors. Authorize Exempt County employees to fill volunteer vacancies as poll workers to the extent that they are not creating a difficulty for the County and they have authorization from their supervisors, for both Election Day and training class(es) before Election Day. Exempt County employees not taking vacation time will not receive the stipend(s).

Board of Supervisors

8.                  Approve a Proclamation declaring July 7-13, 2008 as Healthy Air Living Week in Tulare County.

9.                  Ratify the following Proclamations: Honoring McKellar Farms, Inc. as Visalia Chamber of Commerce 2008 Ag Business of the Year; Honoring Karen Cooper as Visalia Chamber of Commerce 2008 Woman of the Year; Honoring William Penn Nash, Jr. as Visalia Chamber of Commerce 2008 Man of the Year; Honoring Peninsula Messenger Service as Visalia Chamber of Commerce 2008 Medium Business of the Year; Honoring Pacific Employers as Visalia Chamber of Commerce 2008 Small Business of the Year; Honoring Family Healthcare Network as Visalia Chamber of Commerce 2008 Large Business of the Year; Honoring Ed Smith as Visalia Chamber of commerce 2008 Ambassador of the Year; and Honoring Armondo Apodaca as Visalia Chamber of Commerce 2008 Chairman's Award Recipient.

10.             Amend Resolution No. 2008-0266 to allow the Board of Supervisors to appoint their two representatives to the Tulare County Youth Commission from any area of Tulare County.

11.             Appoint Janis Lehmann to the Tulare County Youth Commission to a District 2 seat for a term ending June 24, 2011.

12.             Appoint Eldonna Caudill to the Tulare County Youth Commission to a District 5 seat for a term ending June 24, 2011.

13.             Appoint Tom Bevans to the Strathmore Public Utility District for a term ending December 4, 2009.

14.             Appoint Martha Sanchez to the Teviston Community Services District for a term ending December 4, 2009.

15.             Appoint Argelia Flores to the Community Health Center Board to a District 1 - Consumer seat for a term ending April 18, 2011.

16.             Reappoint William O. Croak to the Mental Health Board, Consumer - Seat 7 for a term ending December 31, 2010. Appoint Kathleen M. Farrell to the Mental Health Board, Family Member - Seat 11 for a term ending December 31, 2011.

17.             Reappoint Harrison Smith to the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2012.

18.             Rescind the appointment of Samantha Gillon to the Teviston Community Services District.

Health & Human Services Agency

19.             Reaffirm declaration of state of emergency in the Tulare County Drought Resolution No. 2008-0472 adopted June 24, 2008.

20.             Approve the Tulare County Child Abuse Prevention Council's request for funding in the amount of $50,000 from the Children's Trust Fund for Fiscal Year 2008/2009 to promote public awareness of the abuse and neglect of children and the resources available for intervention and treatment.

21.             Ratify and approve an agreement with California State Association of Counties (CSAC), related to the Welfare Client Data Systems Consortium in the amount of $78,833, retroactive to July 1, 2008 through June 30, 2009 for the operations and management of the CalWin application.

22.             Ratify and approve amendments to Agreement Nos. 23379 and 23380 with Psynergy Programs, Inc. d.b.a. Nueva Vista to extend the term of the agreements to June 30, 2009 to continue the provision of Adult Residential and Medi-Cal mental health services, retroactive to July 1, 2008 through June 30, 2009.

23.             Ratify and approve an amendment to Agreement No. 22016 with the California Ventura Automated Collection System Association to extend the term of the agreement and to update the compensation, retroactive to July 1, 2008 through June 30, 2009 for Tulare County's participation in the joint enhancement committee, including improvements in procedures to enhance accuracy, timeliness, efficiency, and overall quality of overpayment collections in a fiscally responsible manner.

24.             Ratify and approve an agreement with California State University, Sacramento to allow students to enroll in a Public Health Intern Training Program, retroactive to May 1, 2008 through April 30, 2013.

Information Technology

25.             Approve amending the Position Allocation Listing for the Information Technology Department adding the following positions: one (1) Accountant II; and one (1) Senior Account Clerk.

Probation

26.             Ratify and approve an amendment to Agreement No. 21680 with Earlimart School District and Agreement No. 21659 with the City of Visalia to provide the services of Probation Officers for the continued operation of the Thunderbolt Delinquency Prevention Program, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed amendments as of July 1, 2008 and that it was in the County's best interest to enter into the agreements on that date.


Resource Management Agency

 

27.             Authorize the submittal of two Safe Routes to School Grant applications for school pedestrian improvements in the amount of $587,840 for the Strathmore Union Elementary School District and in the amount of $634,300 for the Earlimart Elementary School District. Authorize the Chairman of the Board to execute and sign all grant application documents.

28.             Authorize the submittal of an application to the Governor's Office of Homeland Security in the amount of $114,413 for Proposition 1B funding for Transit System security enhancements.

29.             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 07-005 from AE-20 (Exclusive Agricultural-20 acre minimum) to R-1 (Single Family Residential) and C-1-SR (Neighborhood Commercial-Site Plan Review), on a 64.1-acre parcel, located on the north side of Avenue 144 (State Highway 190/Poplar Avenue), approximately 350 feet west of Road 190 (Hale Avenue) in Poplar. Set the Public Hearing for July 29, 2008 at 9:30 a.m.

30.             Authorize the purchase of 89 Conservation Credits from the Kern Water Bank Authority in the amount of $750,375 as compensation for temporary and permanent impacts to the forage habitat for the San Joaquin kit fox resulting from the project to widen Road 80 from Avenue 304 (Goshen Avenue) to Avenue 416.

31.             Approve an amendment to Agreement No. 22939 with Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) to increase the amount for environmental consulting services by $777,956 for additional archaeological consultant services and Hazardous Waste Contamination Phase I and Phase II Environmental Site Assessments for the Yokohl Ranch Plan, and increase the amount of contingency by $31,258 for a maximum compensation not to exceed $1,719,572. Approve the necessary budget adjustments. (4/5ths vote)

32.             Ratify and approve the Grant Agreement with the Federal Aviation Administration (FAA) for the FAA Airport Improvement Program Grant to fund the Sequoia Field Airport Runway Rehabilitation Project, retroactive to June 20, 2008.

33.             Ratify and approve the 2008/2009 Transit Agreement with Orange Belt Stages to provide public transit on its common carrier services in Tulare County, retroactive to July 1, 2008. Find that the Board had authority to enter into the proposed agreement as of July 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 Agreement.

34.             Approve an Agreement and Program Supplement with the State of California, Department of Transportation (Caltrans) under the State Safe Routes to School Program in the amount of $194,000 for cost reimbursement to construct sidewalk improvements and install flashing beacons on Avenue 416 between Road 105 and the Monson-Sultana School.


 

35.             Approve Agreement for Purchase of a Temporary Construction Easement from Julio C. and Guadalupe Ploneda for the Road 80 Widening Project in the amount of $500. Authorize County Counsel to sign the Temporary Construction Easement acceptance upon presentation. 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 Julio C. and Guadalupe Ploneda.

36.             Approve Agreement for Purchase of Temporary Construction Easement from Scott and Marilyn Belknap for the Road 80 Widening Project in the amount of $500. Authorize County Counsel to sign the Temporary Construction Easement acceptance upon presentation. 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 Scott and Marilyn Belknap.

37.             Approve Agreement for Purchase of Temporary Construction Easement from Joel D. and Frances Charlene Golbek for the Road 80 Widening Project in the amount of $3,500. Authorize County Counsel to sign the Temporary Construction Easement acceptance upon presentation. 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 $3,500 in favor of Joel D. and Frances Charlene Golbek.

38.             Approve Agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Jon Dolieslager for the Road 80 Widening Project in the amount of $17,550. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation. 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 $17,550 in favor of Chicago Title Company.

39.             Approve the designation of a four-way STOP intersection, in accordance with the California Vehicle Code, Section 21354, at the following locations: a) Avenue 424 and Road 124 near the community of Orosi; and b) Avenue 328 and Road 108 near the City of Visalia. Authorize the installation of STOP signs at the following locations: a) On the northbound and southbound of Road 124 at its intersection with Avenue 424; and b) On the eastbound and westbound of Avenue 328 at its intersection with Road 108. The conditions at the above-noted intersections have met the criteria established by the California Manual on Uniform Traffic Control Devices (CA-MUTCD).

Sheriff/Coroner

40.             Authorize the submittal of an online grant application for Fiscal Year 2008/2009 funding in the amount of $52,959 under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program from the U.S. Department of Justice. Approve the Interlocal Agreement between the County of Tulare and the City of Visalia to support efforts to increase prevention, suppression and education activities dedicated to reducing local gang activity.

41.             Ratify and approve an amendment to Agreement No. 19540 with Alternative Services, Inc. for counseling services provided to the Residential Substance Abuse Treatment Program in the amount of $119,010, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

42.             Ratify and approve an amendment to Memorandum of Understanding No. 22231 with the Superior Court of California for basic security services, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the amendment as of July 1, 2008 and that it was in the County's best interest to enter into the amendment on that date. Approve the Personnel Resolution increasing the Sheriff's Position Allocation by two (2) Sheriff Deputies as requested by the Superior Court.

43.             Ratify and approve an amendment to Agreement No. 19875 with Tule River Indian Tribal Council extending the term of the agreement to provide law enforcement services on the Tule River Indian Reservation, retroactive to July 1, 2008 through August 31, 2008. Find that the Board had authority to enter into the proposed amendment as of July 1, 2008 and that it was in the County's best interest to enter into the amendment on that date.

44.             Approve the Memorandum of Understanding between the Tulare County Sheriff's Department and the Bureau of Land Management, California State Office to provide for the increased protection people and property on the public lands and roads administered by the United States Department of the Interior, Bureau of Land Management.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

45.             INFORMATION ONLY: Bid opening results for the Visalia Library Roof Project.

Cool Roofing Inc.

$214,321.00

Nations Roof

$192,600.00

Fresno Roofing

$221,800.00

Tri-Counties Roofing

$209,361.00

Graham - Prewett, Inc.

$218,000.00

Williamson Roofing, Inc.

$158,747.00

Fryer Roofing Co.

$207,565.00

SCC Enterprises, Inc.

$248,000.00

 

46.             Public Comments.

47.             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: Jose Olivares Gallegos, Jorge Olivares Gallegos, Antonio Trujillo Sanchez, Hermino Ruiz Torres v. County of Tulare, et al

Tulare County Superior Court Case Number 08-227786

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Bennett, Dexter G. v. Cox, Brian, As an Individual

Department of Fair Employment and Housing Complaint Number E200708-C-1275-02se

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Meza, Vanessa v. Talamantez, Melisa Ann, et al

Tulare County Superior Court Case Number 07-225396

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Sergey Krutilin, M.D.

Workers' Compensation Appeals Board Case Numbers FRE-231176, ANA0398605, 0398604

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Juvenal Sanchez v. County of Tulare, et al

Tulare County Superior Court Case Number VCU228533

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Borgioli v. County of Tulare, et al

Tulare County Superior Court Case Number 08-228069

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Bobbie Garcia, on behalf of Joseph Luis Garcia v. County of Tulare, et al

Eastern District of California Case Number 1:07-CV-01593-OWW-DLB

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Allensworth Community Council, et al v. County of Tulare, et al; Real Parties in Interest Sam Etchegaray, Etchegaray Dairies

Tulare County Superior Court Case Number 07-223479

Next Item(s) Sitting as...

ITEM I

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 J

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: 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

Negotiating Parties: San Joaquin Valley Railroad Company

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM K

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

Negotiating Parties: San Joaquin Valley Railroad Company

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM L

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 M

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...