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


 

October 14, 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.                  Present Proclamation recognizing International Credit Union Day.

2.                  Present Proclamation declaring October 6-15, 2008 as Bi-national Health Week.

3.                  Present Proclamation designating October 19-25, 2008 as "National Save for Retirement Week". Approve supporting the goals and ideals of National Save for Retirement Week, including raising public awareness about the importance of adequate retirement savings and the availability of employer-sponsored retirement plans.

 

4.                  Present Proclamation to Target Stores for making a donation of $3,000 for the Reach Out and Read Program. Authorize Health and Human Services Agency to use the $3,000 donation to purchase books for the Reach Out and Read Program in our County Healthcare centers.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 24)

 

 

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

5.                  Approve the advance of $75,000 to the South Tulare Memorial District from anticipated property tax revenue. Authorize the Auditor to process the loan payment. Authorize the Auditor to retain the correct portion of Property Tax Revenue from the District when funds are distributed in late December 2008.

Board of Supervisors

6.                  Ratify the following Proclamations: Honoring Frances Cutler as the recipient of the Ministry of Presence Award; and Honoring Jeff Fabry for his success at the 2008 Paralympics in Beijing.

7.                  Reappoint George Ouzounian to the Visalia Public Cemetery District for a term ending at Noon on January 2, 2012.

8.                  Approve and send a letter to the California Public Utilities Commission urging them to not modify their decision 08-04-058 (dated April 24, 2008) approving the geographic split of the 760 telephone area code to establish a new 442 area code.

County Administrative Office

9.                  Approve an amendment to Agreement No. 23627 with Kleinfelder West, Inc. for the Mooney Grove Park Master Plan and New Museum project in the amount of $146,461.

Health & Human Services Agency

10.             Ratify and approve an agreement with the California Department of Public Health, Network for a Healthy California to increase knowledge and awareness of nutrition and physical activity, retroactive to October 1, 2008 through September 30, 2010. Find that the Board had authority to enter into the proposed agreement as of October 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

 

11.             Ratify and approve an agreement with Strathmore 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.

12.             Ratify and approve the acceptance of funds from the Governor's Office of Emergency Services for the Fiscal Year 2008 Emergency Management Performance Grant in the amount of $130,803 to support comprehensive emergency management at the state, tribal, and local levels and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all hazards.

13.             Ratify and approve the California Department of Health Services, Tobacco Control Section Allocation of Acceptance Agreements in the amount of $150,000 for Fiscal Year 2007/2008 and $150,000 for Fiscal Year 2008/2009 to provide tobacco education and perinatal services to the residents of Tulare County, retroactive to July 1, 2007 through June 30, 2009. Find that the Board had authority to enter into the proposed agreements as of July 1, 2007 and July 1, 2008 respectively and that it was in the County's best interest to enter into the agreements on that date.

14.             Ratify and approve an amendment to Agreement No. 20039 with Clean Harbors Environmental Services, Inc. in the amount of $150,000 to provide transportation and disposal of household hazardous waste from Tulare County 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.

15.             Ratify and approve an amendment to Agreement No. 21972 with Alternative Services, Inc. to maintain a "Driving Under the Influence" program in Tulare County for those arrested while driving under the influence of alcohol and/or drugs to be sent to an early intervention program, 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.

16.             Ratify and approve an agreement with the California Department of Public Health, California Asthma Public Health Initiative for the Enhancing Local Capacity to Address Asthma Priorities Program in the amount of $195,000, retroactive to October 1, 2008 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of October 1, 2008 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)

Resource Management Agency

17.             Approve an agreement for Purchase of Property and Temporary Construction Easement from the Ruth Giannini Living Trust for the Road 80 Widening Project in the amount of $9,600. Authorize the Chairman to sign the Agreement. 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 account and sign all documents to facilitate the escrow for this acquisition and direct the Auditor to draw a warrant in the amount of $10,400 in favor of Chicago Title Company.

18.             Approve an agreement for Purchase of Property and Temporary Construction Easement from Graciela Florez and Octavio Magallanes for the Road 80 Widening Project in the amount of $32,500. Authorize the Chairman to sign the Agreement. 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 account and sign all documents to facilitate the escrow for this acquisition and direct the Auditor to draw a warrant in the amount of $33,300 in favor of Chicago Title Company.

19.             Approve the plans and specifications for the construction of a traffic signal at Avenue 256 and Road 140 southeast of the City of Visalia. Authorize the Chairman to sign the plans. Approve the advertisement of the traffic signal construction project. Set the bid opening date for Wednesday, November 12, 2008, at 2:00 P.M. Affirm that the project is exempt from the California Environmental Quality Act requirements.

20.             Approve an Amendment to the Measure R Cent Transportation Sales Tax Expenditure Plan.

21.             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 06-003, from the C-3 (Service Commercial) Zone and the AE-20 (Exclusive Agricultural-20 acre minimum) Zone to the M-1-SR (Light Manufacturing-Site Plan Review) Zone, on a 28.86-acre site, located on the northeast corner of Road 152 and County Line Road, north of the City of Delano. Set a Public Hearing for October 28, 2008 at 9:30 a.m.

22.             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 08-003, from AE-20 (Exclusive Agricultural-20 acre minimum) to C-3-SR (Service Commercial-Site Plan Review), on a 1.38 acre parcel, located on the north side of Avenue 416 (El Monte Way), 175 feet east of Road 100, in Sultana.

Sheriff/Coroner

23.             Accept augmentation grant funding from the California Office of Emergency Service for the Residential Substance Abuse Treatment program in the amount of $34,743 for a total program award of $242,365. Ratify and approve a Grant Award Amendment amending Agreement No. 23485 retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed grant award agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date. Approve an amendment to Alternative Services Agreement No. 19540-L increasing the current agreement from $120,000 to $140,158, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement amendment as of July 1. 2008 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)

24.             Ratify and approve the Annual Federal Equitable Sharing Agreement with the U.S. Department of Justice, retroactive to October 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the agreement on October 1, 2008, and that it was in the County's best interest to enter into the Agreement on that date. Authorize the Chairman and the Sheriff-Coroner to sign the Affidavit for the agreement.

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

25.             Public Comments.

26.             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: Service Employees International Union (SEIU) Unfair Practice Charge filed at the Public Employment Relations Board (PERB) on or about October 6, 2008; Unknown Case Number.

Next Item(s) Sitting as...

ITEM B

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 C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Megargee, Stanley et al v. County of Tulare, et al

United States District Court Case Number 1:06-CV-00684-AWI-LJO

Next Item(s) Sitting as...

ITEM D

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...