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

 

July 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.


(Timed Items)


 

9:30 A.M. TIMED ITEMS

 

 

1.                  PUBLIC HEARING Request from Resource Management Agency 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 proposed fees effective August 1, 2008.

2.                  PUBLIC HEARING Request from Resource Management Agency to review and receive public comment on the Community Development Block Grant (CDBG) Annual Grantee Performance Reports for Grant Nos. 05-EDBG-1976, 05-STBG-1563, 06-STBG-2598, 07-FREZ-2980 and the Program Income Revolving Loan Accounts (RLAs). Approve the Annual Grantee Performance Reports and authorize the Chairman of the Board to sign the reports for submittal to the State Department of Housing and Community Development (HCD). Review the 2008-2009 Project Consideration List.

3.                  PUBLIC HEARING Request from Resource Management Agency to review and consider an amendment to the Tulare County Zoning Ordinance No. 352 for Change of Zone No. PZ 07-005, for Western Ag Realty. Certify that the Board has reviewed and considered the information contained in the Mitigated 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 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. Waive the final reading and adopt 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-3-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. Adopt the findings for approval for the Change of Zone, as set forth in Planning Commission Resolution No. 8334. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to Resource Management Agency.

(Consent Calendar)


CONSENT CALENDAR (Number 4 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.

 

Board of Supervisors

4.                  Adopt a resolution opposing Senate Bill X3 16 by Senator Dave Cox, which would place an initiative on the ballot to eliminate local First 5 Commissions.

5.                  Appoint David Claxton to the Agricultural Advisory Committee as representative of Planning and Development to serve at the pleasure of the Board.

Health & Human Services Agency

6.                  Approve an agreement with Tulare Children's Medical Clinic Pediatric Center through June 30, 2013 to expand pediatric clinic services in Tulare County that is consistent with the Agency's mission to provide health care access to the underserved. Authorize the Tulare County Health and Human Services to file for Community Health Clinic License. Authorize the Tulare County Health and Human Services Agency Director to apply for Federally qualified Health Center designation for the proposed Tulare Clinic Site. Approve the necessary budget adjustments. (4/5th votes)

7.                  Authorize the submittal of the application to the Hazard Mitigation Grant Program DR-1731 grant in the amount of $150,000 for the purpose of developing a Multi-Jurisdictional Local Hazard Mitigation plan. Authorize the Board of Supervisors Chairman to sign all grant application documents necessary to secure grant funds.

8.                  Ratify and approve an agreement for the receipt of Emergency Medical Services Appropriation (EMSA) funding for Fiscal Year 2007/2008 provided by the EMSA "Fiscal Year 2007/2008 County Allocation" letter dated September 15, 2007 to continue to compensate medical providers for care which otherwise would have been provided by them at no compensation (bad dept claims), retroactive to July 1, 2007. 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.

Purchasing

9.                  Approve a trial paper recycling program for 180 days. The trial paper recycling program will give the employees the opportunity to be more involved in the process of Tulare County's Going Green Recycling Program to help clean the environment.


Resource Management Agency

10.             Approve a Lease Agreement with Prem Kamboj and Meena Kamboj for office space located at 1008 Cherry Street, in the City of Tulare in the amount of $4,576 per month (1.60 per square foot/$54,912 annually) plus utilities, telephone, electronic monitoring and custodial services.

11.             Approve an agreement with Orosi Public Utility District to accept funds in the amount of $23,520 for replacement of road surfacing during construction of the sanitary sewer lines on Walnut Avenue between Road 128 and Road 130 in the community of Orosi.

12.             Approve an agreement with Saucelito Irrigation District and Frasinetto Farms, LLC 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.

13.             Approve an agreement with Dudley Ridge Water District 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 agreement.

14.             Approve the Pipeline Development Agreement with Alta Irrigation District for the reconstruction of a portion of the Alta Irrigation District Pipeline associated with the Avenue 416 & Road 56 Intersection Traffic Signal Project. Approve the Escrow Agreement with Alta Irrigation District in conformance with the Pipeline Development Agreement.

15.             Approve and award the contract for construction of Road 80 from Avenue 304 to north of Avenue 328 to the lowest responsive and responsible bidder, Lee's Paving, Inc. of Visalia, California, in the amount of $7,855,277. Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractor's license.

16.             Approve and award the contract to the lowest responsive and responsible bidder, Menefee Construction, City of Fowler, in the amount of $1,787,982.34; for construction of the Avenue 416 & Road 56 intersection Traffic Signal Project. Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractor's license. Allow funds for a contingency in the amount of $179,000 (10%) to cover unexpected construction conditions.

17.             Approve an agreement in the amount of $152,174 with Self Help Enterprises (SHE) for implementation of a Water Connection Program in Plainview funded by the County's Community Development Block Grant (CDBG) Grant No. 06-STBG-2598.


18.             Certify, approve, and adopt the Mitigated Negative Declaration and Mitigation Monitoring Checklist for the Pixley Redevelopment Plan First Amendment. Introduce and waive the first reading of the proposed uncodified Ordinance of the Tulare County Code pertaining to the adoption of the Pixley Redevelopment Plan First Amendment. Set a Joint Public Hearing with the Redevelopment Agency Board of Directors for August 12, 2008 at 9:30 a.m. for the second reading and adoption of the proposed uncodified Ordinance of the Tulare County Code pertaining to the adoption of the Pixley Redevelopment Plan First Amendment.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

19.             Certify, approve, and adopt the reports pursuant to Community Redevelopment Law for the Pixley Redevelopment Plan First Amendment as follows: Preliminary Report; 33352 Report; Mitigated Negative declaration, pending approval by the Planning Commission; and, Mitigation Monitoring Checklist. Introduce and waive the first reading of the proposed uncodified Ordinance of the Tulare County Code pertaining to the adoption of the Pixley Redevelopment Plan First Amendment. Set a Joint Public Hearing with the Board of Supervisors for August 12, 2008 at 9:30 a.m. for the second reading and adoption of the proposed uncodified Ordinance of the Tulare County Code pertaining to the adoption of the Pixley Redevelopment Plan First Amendment.

20.             Approve an Agreement for Phase I of a Community Improvement Program Project with Community Services & Employment Training Inc. for installation of 1,970 linear feet of curb, gutter and sidewalk along Road 126 from Avenue 419 to Avenue 422 in the amount of $262,002.78. Approve an Agreement for Phase 2 of a Community Improvement Program Project with Community Services & Employment Training Inc. for installation of 1,250 linear feet of curb and gutter and 800 linear feet of sidewalk along Avenue 419 from Road 126 to State Route 63 in the amount of $158,190.36.

21.             Adopt the Preliminary Plan for the proposed Strathmore Redevelopment Project Area. Adopt the boundaries for the proposed Strathmore Redevelopment Project Area. Direct staff to commence with preparation of the Strathmore Redevelopment Plan. Authorize the transmittal of information to the State Board of Equalization, Tulare County Auditor, Assessor, Tax Collector and any other relevant taxing entities. Find that the inclusion of the selected agricultural properties is consistent with Redevelopment purposes. Find that the inclusion of the selected agricultural properties will not cause the removal of adjacent land, designated for agricultural use in the County General Plan, from agricultural use. Find that the inclusion of the selected agricultural properties is consistent with the County General Plan and Strathmore Community Plan. Find that the inclusion of the selected agricultural properties will result in a more contiguous pattern of development. Find that there is no proximate land that is not in agricultural use that is both available and suitable for inclusion within the Project Area and is not already proposed to be within the Project Area.


22.             Adopt the Preliminary Plan for the proposed Terra Bella-Ducor Redevelopment Project Area. Adopt the boundaries for the proposed Terra Bella-Ducor Redevelopment Project Area. Direct staff to commence with preparation of the Terra Bella-Ducor Redevelopment Plan. Authorize the transmittal of information to the State Board of Equalization, Tulare County Auditor, Assessor, Tax Collector and any other relevant taxing entities. Find that the inclusion of the selected agricultural properties is consistent with Redevelopment purposes. Find that the inclusion of the selected agricultural properties will not cause the removal of adjacent land, designated for agricultural use in the County General Plan, from agricultural use. Find that the inclusion of the selected agricultural properties is consistent with the County General Plan and Terra Bella-Ducor Community Plan. Find that the inclusion of the selected agricultural properties will result in a more contiguous pattern of development. Find that there is no proximate land that is not in agricultural use that is both available and suitable for inclusion within the Project Area and is not already proposed to be within the Project Area.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

CONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

23.             Ratify and approve an agreement between First 5 of Tulare County in the amount of $150,000 for the Gang Awareness Parenting Project retroactive to July 1, 2008 through June 30, 2009. Accept funds in the amount of $150,000 from First 5 of Tulare County. Ratify and approve the agreement with Family Services of Tulare County in the amount of $91,200 for the Gang Awareness Parenting Project retroactive to July 1, 2008 through June 30, 2009. Find that the Board had the authority to enter into the proposed agreement with First 5 of Tulare County and Family Services of Tulare County as of July 1, 2008 and that it was in the County's best interest to enter into the agreements. Approve the Personnel Resolution amending the position allocation listing to add one (1) Inmate Programs Specialist to the Sheriff's Department. Approve the necessary budget adjustments. (4/5ths vote)

24.             Ratify and approve an application to the Governor's Office of Emergency Services by the Sheriff's Department for a Regional Anti-Gang Intelligence-Led Policing grant and the Chairman's signature on the application's Grant Award Face Sheet. Find that it was in the best interests of the County to submit the application on May 26, 2008. Accept the Grant Award from Office of Emergency Services on the Intelligence-Led Policing grant for $200,000. Find that it was in the best interest of the County to operate the Intelligence-Led Policing program, effective May 1, 2008. Establish a new Organization Code (Unit Number) of 2780 for the Intelligence-Led Policing program. Approve and authorize the purchase of a fixed asset of a 2008 Crown Victoria and related equipment for the Intelligence-Led Policing program. Ratify and approve a personnel resolution regarding the Intelligence-Led Policing program amending the Fiscal Year 2008-2009 position allocation for the Sheriff's Department, adding one (1) Sheriff's Deputy II effective July 1, 2008. Approve the necessary budget adjustments. (4/5ths vote)


Workforce Investment Board

25.             Approve the new organizational structure of Tulare County Workforce Investment Department. Authorize the Human Resources and Development Department to process the personnel resolutions containing adjustments to the Tulare County Workforce Investment Department personnel allocation for the remainder of Fiscal Year 2008-2009. Authorize the Human Resources and Development Department to initiate the County's lay-off process and where possible provide alternate employment within the County service. Approve a name change from Tulare County Workforce Investment Department to Tulare County Workforce Investment Board.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

26.             INFORMATION ONLY: Bid opening results for Richgrove Street Improvements.

Construction Development Systems

$2,437,095.00

Cruco Construction Group Inc.

$2,535,075.00

Jim Crawford Construction Co., Inc.

$2,651,050.00

Henderson Construction Company

$2,703,337.50

Lee's Paving Inc.

$3,149,445.00

American Paving Company

$3,181,480.00

Granite Construction

$3,302,025.00

Teichert Construction

$3,423,455.00

Halopoff & Sons, Inc.

$3,643,798.01

Lockwood General Engineering, Inc.

$3,744,930.50

 

 

Engineer's Estimate

$2,886,350.00

 

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 - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Consideration of sewer and water fee adjustments in Tulare County Service Area Numbers 1 and 2, Zones of Benefit, such as El Rancho, Seville, Tonyville, Tooleville, Yettem and Wells Tract as set out in Board of Supervisor July 29, 2008 Agenda Item.

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Amendment to Zoning Ordinance for Change of Zone Number PZ 07-005, Western Ag Realty, Poplar. Board of Supervisors Agenda Item, July 29, 2008.

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: William Keenan v. County of Tulare

Tulare County Superior Court Case Number 07-223395

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

Next Item(s) Sitting as...

ITEM E

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 F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: 1105 S. O Street, Tulare, CA

2500 W. Burrel, Visalia, CA

2637 W. Burrel, Visalia, CA

Agency Negotiator: Jean Rousseau, Henry Hash, Robert Newby

Negotiating Parties: Tulare County Department of Education

Tulare County Superintendent of Schools

Under Negotiation: Price, Terms of Payment and Other: Term or Length of Occupancy

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

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

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

(Government Code Section 54957.6)

County Administrative Officer

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM K

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 L

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...