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

 

August 12, 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 of the Career Connection Program. Recognition of the participants in the Career Connection program.

2.                  9:00 a.m. Presentation on the status of the Capitol Display project being prepared by College of the Sequoias Architectural Design students.


 

3.                  9:00 a.m. Introduction to the California Public Utilities Commission and California Environmental Quality Act processes in relation to the San Joaquin Cross Valley Loop Transmission Line Project (A.08-05-039).

4.                  9:00 a.m. Presentation given by Public Facilities Management, Inc. regarding Millennium Fund.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from the Resource Management Agency to authorize the submittal of 2008 Community Development Block Grant General and Economic Development Planning and Technical Assistance grant applications. Review and approve the applications for $140,000 to be distributed as follows: General, Planning and Technical Assistance, Non-Specific, Countywide Housing Conditions Survey ($35,000); General, Planning and Technical Assistance, Specific, Feasibility Study for a Flood Prevention Strategy ($35,000); and, Economic Development, Planning and Technical Assistance, Specific, Blight Analysis, Environmental Impact Report and other California Community Redevelopment Law required reports for the establishment of Redevelopment Project Areas in Terra Bella-Ducor and Strathmore ($70,000). Authorize the commitment and expenditure of local cash match for the Planning and Technical Assistance activities as follows: Countywide Housing Conditions Survey, Community Development Block Grant Program Income ($700); Feasibility Study for Flood Prevention Strategy, Earlimart Redevelopment Funds ($700); and, Blight Analysis, Environmental Impact Report, and other California Community Redevelopment Law required reports, Community Development Block Grant Program Income ($1,400). Authorize the Chairman of the Board to sign the application and accompanying documents on behalf of the County. Authorize the County Administrative Officer to act on the County's behalf in all other matters pertaining to the applications.

6.                  PUBLIC HEARING: Request from the Resource Management Agency, in accordance with Government Codes Sections 65909.5, 66014 and 66451.2, to consider the proposed Building Permit fee adjustments. Adopt the recommended fees and authorize the Resource Management Agency to implement the fees beginning October 11, 2008.

7.                  PUBLIC HEARING: Request from Resource Management Agency, in accordance with Health and Safety Code Section 17951 and Government Code Sections 65909.5, 66014 and 66451.2, to consider the proposed Planning and Development fee adjustments. Adopt the recommended fees and authorize the Resource Management Agency to implement the fees beginning October 11, 2008.


REMAIN IN SESSION AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

8.                  PUBLIC HEARING: Request from Resource Management Agency, in the matter of the adoption of the proposed Pixley Redevelopment Plan First Amendment, that the County and Redevelopment Agency hold a joint public hearing and that the Board of Supervisors of the County: consider all reports, recommendations and documents as required by law, including environmental review documents; make all necessary findings and certifications as required by law; approve and adopt any needed conditions or mitigation measures in regard to such information and materials as required by law; and, waive the second reading and adopt an urgency ordinance effective August 18, 2008, approving and adopting the proposed Pixley Redevelopment Plan First Amendment.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

REMAIN IN SESSION AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 9 through 34)

 

 

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

9.                  Ratify and approve an Agreement with the California Department of Pesticide Regulation for electronic submittal of pesticide use report records, 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. Authorize the Chairman to sign the Contractor Certification Clauses.

Auditor/Controller

10.             Approve an amendment to Agreement No. 20799 with Great West authorizing Great West to process all Tulare County Deferred Compensation Hardship Withdrawal Applications. Approve a change to the salary deferral process.

Board of Supervisors

11.             Ratify the Proclamation honoring Valhalla Restaurant - Recipient of the Central Valley Chapter of the California Restaurant Association's Lifetime Achievement Award.

12.             Reappoint Gary B. Whitney and William L. Tidwell to the Three Rivers Public Cemetery District for a term ending Noon, January 2, 2012.

13.             Reverse action taken rescinding Samantha Gillon's appointment to the Teviston Community Services District and rescind the appointment of Martha Sanchez to the Teviston Community Services District.

County Administrative Office

14.             Ratify actions taken by the County Administrative Officer during the month of July 2008.

15.             Accept the Bob Wiley Administration Roof Project as a completed project. Authorize the Chairman to sign the Notice of Completion for the project. Direct the Clerk to record the Notice of Completion for the project with the office of the Tulare County Recorder.

Health & Human Services Agency

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

17.             Ratify and approve an amendment to Agreement No. 21707 with Turning Point of Central California, Inc. d.b.a. Turning Point Youth Services, for the provision of children's mental health services and Mental Health Services Act services that provides mental health, rehabilitative, case management, and crisis intervention services to Tulare County children and adolescents, 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.

18.             Ratify and approve an amendment to Agreement No. 22798 with Kings View Corporation, for the provision of Mental Health Services Act services that promotes the integration of mental health services and quality of life approaches such as employment, education, drug/alcohol counseling, and life skills training, 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.

19.             Ratify and approve an amendment to Agreement No. 21964 with the National Council on Alcoholism and Drug Dependence, for the provision of alcohol and drug prevention services for individuals and groups seeking information or help related to alcohol and other drug problems, 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.

20.             Ratify and approve an Agreement with Sunnyside Union Elementary School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. 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.

21.             Ratify and approve an amendment to Agreement No. 22384 with the California Department of Education for the Summer Food Service Program to reimburse the Tulare County Environmental Services Division for conducting health and sanitation inspections of food service facilities within Tulare County that prepare and serve meals during summer vacation. 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.

Human Resources & Development

22.             Ratify and approve the Side Letter of Agreement between the County of Tulare and the Service Employees International Union (SEIU) signed by the County on July 18, 2008 authorizing the Department of Child Support Services employees the option of choosing either Cash or Compensatory Time Off for overtime worked regardless of their Compensatory Time Off balance. Absent this agreement the Contract requires a minimum Compensatory Time Off balance of 60 hours before cash payment is authorized. Find that the Board had authority to enter into the proposed agreement as of July 18, 2008 and that it was in the County's best interest to enter into the agreement on that date.

Library

23.             Approve a sole-source purchase of Lock-A-Shelves Security System Shelving Units from Frich Corporation. Authorize the Purchasing Agent to waive the bid process and make the sole-source purchase.

Probation

24.             Accept a grant award in the amount of $3,000 from the Pacific Gas & Electric Company for the purchase of trees and shrubbery for the Tulare County Youth Facility.

Resource Management Agency

25.             Approve an Amendment to Agreement No. 23404 with Velis Engineering Inc. for Job Order Contracting to increase the Maximum Contract Value by $750,000 to a new total of $1,250,000 to provide for continued use throughout the term of the agreement to January 14, 2009.

26.             Ratify and approve an Agreement with the State of California Integrated Waste Management Board for the Targeted Rubberized Asphalt Concrete Incentive Grant in the amount of $175,000 for the paving material used on Avenue 256 between State Route 63 (Mooney Blvd) and Road 140 (Lovers Lane). Find that the Board had authority to enter into the proposed Agreement as of May 20, 2008 and that it was in the County's best interest to enter into the Agreement on that date.

27.             Ratify and approve a 2008/2009 Transit Agreement with the City of Lindsay for the County to provide transit service to City of Lindsay residents, 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.

28.             Ratify and approve an Agreement with the State of California Department of Transportation in the amount of $300,000, to provide operating assistance funds for general expenses of the Tulare County area Transit (TCaT) services. Find that the Board had authority to enter into the proposed Agreement as of June 24, 2008 and that it was in the County's best interest to enter into the Agreement on that date.

29.             Approve an Agreement with the Porterville 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 Agreement.

30.             Ratify and approve a Letter Agreement with the Arvin-Edison Water Storage District for the exchange of Cross Valley Canal Water for the 2007 water year retroactive to October 1, 2007. Find that the Board had authority to enter into the proposed letter agreement as of October 1, 2007 and that it was in the County's best interest to enter into the letter agreement on that date. Authorize Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the letter agreement.

31.             Authorize submittal of a 2008 Home Investment Partnerships Program (HOME) Project Application for $955,000 in response to the Notice of Funding Availability issued on June 2, 2008, for a Homebuyer New Construction Project to be implemented in the Goshen Redevelopment Project Area. Authorize leverage of $40,000 ($20,000 for building permit fees and $20,000 for grant implementation), which is consistent with the County's adopted Housing Element Program 2.22. Adopt HOME First-Time Homebuyer Mortgage Assistance Guidelines. Agree that if the application for funding is approved, the County will use the HOME funds for eligible activities in the manner presented in the application as approved by the Department of Housing and Community Development and in accordance with Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, Part 92, and in Title 25 of the California Code of Regulations commencing with Section 8200. Authorize the Chairman of the Board to execute in the name of the County of Tulare, the application.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

32.             Authorize the commitment of Tulare County Redevelopment Agency (TCRA) funds in the amount of $40,000 ($20,000 for building permit fees and $20,000 for grant implementation) as leverage from the Goshen Redevelopment Project Area to the 2008 Home Investment Partnership Program (HOME) Project Application for implementation of a Homebuyer New Construction Project in the community of Goshen. Find that leveraging financial resources to assist with providing decent, safe and affordable housing which as follows: is consistent with the adopted Affordable Housing Component and the Redevelopment Plan for Goshen; implements the Goshen Redevelopment Plan by increasing the County's supply of housing for persons and families of low-income or moderate-income at an affordable cost pursuant to Health and Safety Code 33334.2(a); and, is consistent with the Goshen Implementation Plan adopted pursuant to Health and Safety Code 33490. Find that there are no other reasonable available means of financing the proposed HOME Project building permit fees and that the County does not have available funding for this purpose.

33.             Authorize the commitment of Tulare County Redevelopment Agency funds in the amount of $700 from the Earlimart Redevelopment Project Area as local cash match for the 2008 Community Development Block Grant General Planning and Technical Assistance application. Find that leveraging financial resources to assist with improvement work as follows: is consistent with the adopted Redevelopment Plan for Earlimart; implements the Earlimart Redevelopment Plan by assisting in the eradication of blight caused by lack of or inadequate infrastructure; and, is consistent with the Earlimart Implementation Plan adopted pursuant to Health and Safety Code 33490. Find that there are no other reasonable available means of financing local cash match and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

CONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Workforce Investment Board

34.             Appoint the following individuals to the Tulare County Workforce Investment Board, Inc.: Darlene Tyndale as Member At-Large for a term ending May 31, 2009; Kevin Cole as Labor for a term ending May 31, 2010; Randy Dennis as Labor for a term ending May 31, 2009; and, William Scroggins as Education for a term ending May 31, 2009.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

35.             INFORMATION ONLY: Bid opening results for Avenue 256 Rubberized Asphalt Concrete and Rd 168 Asphalt Concrete Overlay.

W. Jaxon Baker, Inc.

$2,592,353.70

Glen Wells Construction, Inc.

$2,614,354.88

Maverick Asphalt Inc.

$2,732,388.00

Jim Crawford Construction Company, Inc.

$2,764,063.48

Cruco Construction Group, Inc.

$2,791,717.79

Lee's Paving Inc.

$2,792,882.95

Granite Construction

$2,793,999.00

Teichert Construction

$2,941,805.60

Henderson Construction Company

$2,985,000.70

 

 

Engineer's Estimate

$2,888,764.86

 

36.             Public Comments.

37.             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: Stanleigh Gean Megargee, et al v. Bill Wittman, et al

United States District Court, Eastern District of California Case Number 1:06-CV-00684-AWI-LJO

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Preliminary Injunction re excess proceeds on APN 264-010-021-000; Sandra Hough v. Yvonne S. Sanders

Tulare County Superior Court Case Number 08-228972

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

Joint Public Hearing to adopt Pixley Redevelopment Plan First Amendment and certify Mitigated Negative Declaration. Board of Supervisors, August 12, 2008. Agenda Item.

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: 3

Next Item(s) Sitting as...


ITEM F

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 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 - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 3

Proposed General Plan 2030 Update and Draft Environmental Impact Report

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Bennett, Dexter G. v. McElhaney, Alfred (Jerry), As An Individual

Department of Fair Employment and Housing Complaint Number E200708-C-1275-01se

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...