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 FLOOD CONTROL DISTRICT

 

October 28, 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. Rename the Tulare County Juvenile Justice Center and the Tulare County Juvenile Detention Facility to the William Silveira Jr. Juvenile Justice Center.

2.                  9:00 a.m. Presentation given by the National Parks' Conservation Association to approve a resolution supporting the National Parks' Centennial Initiative.

3.                  5:00 p.m. Grand Opening Ceremony for the Tulare County Library, Visalia Branch, Children's Library and Expansion Project, 200 W. Oak Street, Visalia.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from County Administrative Office to certify that your Board has reviewed and considered the information contained in the Negative Declaration prepared for the History of Farm Labor and Agriculture Museum Project. Find that said project will not have a significant effect on the environment. Direct the Clerk of the Board to file the Notice of Negative Declaration with the Clerk/Recorder. Approve the bid documents for the project and authorize the advertisement of bids. Set the bid opening date for 2:00 p.m. on Tuesday, December 2, 2008.

5.                  PUBLIC HEARING: Request from Resource Management Agency to certify that it has reviewed and considered the information contained in the 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 Negative Declaration reflects the independent judgment of the County and has been completed in compliance with California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Adopt the findings for approval for the Change of Zone, as set forth in Planning Commission Resolution No 8365. Waive the final reading and adopt 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.

6.                  PUBLIC HEARING: Request from Resource Management Agency to certify that it has reviewed and considered the information contained in the 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 Negative Declaration reflects the independent judgment of the County and has been completed in compliance with California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Adopt the findings for approval for the Change of Zone, as set forth in Planning Commission Resolution No 8365. Waive the final reading and adopt 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.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 26)

 

 

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

7.                  Ratify the following Proclamations: Honoring the Porterville Public Library on its 100th Anniversary; Honoring Davita Inc. for bringing the 2008 Kat Walk to Tulare County; and Honoring the Grand Operning of the Chapman University College Visalia Campus.

8.                  Reappoint Rex Clark to the Fish and Game Commission for a term ending September 4, 2010.

9.                  Reappoint George Clausen to the Woodlake Public Cemetery District for a term ending Noon on January 2, 2012.

10.             Appoint Tom Cemo to the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2012.

County Administrative Office

11.             Approve a loan agreement with Tulare County Historical Society in the amount of $1,451,870 for the History of Farm Labor and Agriculture Museum.

12.             Ratify and approve an amendment to Agreement No. 21795 with the Office of Library Construction for the Visalia Library Expansion and Renovation Project to extend the term of agreement to allow for grant close-out procedures. Find that the Board had authority to enter into the proposed agreement as of October 21, 2008 and that it was in the County's best interest to enter into the agreement on that date.

District Attorney

13.             Accept continued grant funding from the Governor's Office of Emergency Services for the Central Valley Rural Crime Prevention Program in the amount of $616,783 for Fiscal Year 2008/2009. Ratify and approve the Grant Award Fact Sheet and the Chairman's signature, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter in the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter in the agreement on that date. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.


14.             Ratify and approve an amendment to Agreement No. 23220 with Visalia Police Department in the amount of $87,917 for one Prosecutor Assistant and one Investigative Technician for the District Attorney's Office stationed at the Visalia Police Department, 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. Approve the necessary budget adjustments. (4/5ths vote)

Health & Human Services Agency

15.             Ratify and approve an agreement with the California Department of Public Health, Childhood Lead Poisoning Prevention Branch in the amount of $815,498 to provide services for children at risk or poisoned by lead exposure as well as education to the communities, families, and health care providers, retroactive to July 1, 2008 through June 30, 2011. 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, Immunization Branch in the amount of $85,000 to develop and implement local and/or regional automated immunization information and reminder systems, 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.

17.             Ratify and approve the thirty-six (36) month lease agreement with Union Bank of California, N.A. for the Millenium III Sedecal X-Ray equipment that will allow us to bring the HHSA Radiology Department into the forefront of technology, retroactive to July 21, 2008. Find that the Board had authority to enter into the proposed agreement as of July 21, 2008 and that it was in the County's best interest to enter into the agreement on that date.

18.             Ratify and approve the amendments to the associated Memorandums of Understanding with the Department of Health Services, Office of AIDS, for the HIV/AIDS Master Agreement No. 23265 to provide HIV/AIDS related programs and services such as HIV Prevention, HIV Counseling and Testing, HIV/AIDS Surveillance, Early Intervention, and AIDS Case Management, retroactive to July 1, 2007 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement and associated Memorandums of Understanding as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

19.             Ratify and approve the Memorandum of Understanding with the United Automobile, Agricultural, and Aerospace Workers Union (Unit #2), 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.


Probation

20.             Approve an agreement with BI Incorporated to lease with option to buy electronic monitoring equipment to conduct electronic monitoring services on adult and juvenile offenders for the period of October 28, 2008 through June 30, 2011.

Resource Management Agency

21.             Authorize a restricted parking zone for commercial vehicles, in accordance with the California Vehicle Code, Section 22507, and approve the posting of parking restriction signs on the west side of Newcomb Street from Olive Avenue to Roby Avenue in Porterville.

22.             Approve an agreement for Design, Alteration, and Lease of Premises at 1845 N. Dinuba Blvd. in Visalia with the Joe and Cora Gong Family Limited Partnership and Tommy Quock Gong and Sarah Joy Lau-Gong, Trustees of the Gong Family Trust.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

23.             Approve the Joint Funding Agreement with the U.S. Geological Survey, United States Department of the Interior for Water Resources Investigations during the period November 1, 2008 to October 31, 2009.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

24.             Approve an Operational Agreement with the Kings County Sheriff's Department for the Region V Anti-Gang Intelligence-Led Policing Program.

25.             Accept a grant award in the amount of $52,959 from the U.S. Department of Justice under the Fiscal Year 2008/2009 Edward Byrne Memorial Justice Assistance Program to support a broad range of activities to prevent and control crime based on their own local needs and conditions, retroactive to October 1, 2007 through September 30, 2011. Ratify the Chairman's signature on the Grant Award Agreement. Find that the Board had authority to enter into the Grant Award Agreement on October 1, 2007, and that it was in the best interest of the County to enter into the Agreement on that date.

Superior Court

26.             Approve proclaiming Court Adoption and Permanency Month from November 1-30, 2008 in Tulare County.

(Items Not Timed)


ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9(a)]

Name of Case: City of Dinuba and City of Dinuba Redevelopment Agency v. Tulare County, Tulare County Board of Supervisors, Jimmy Allen, Gregory Hardcastle, Fresno County Superior Court Case Number 08-CECG00938

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

Public Hearing for Change of Zone No. PZ 06-003 from C-3 and AE-20 Zones to M-1-SR Zone on 28.86 acre site. Delano, B&J Lands. Board of Supervisors Agenda Item, October 28, 2008.

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

Public Hearing for Change of Zone No. PZ 08-003 from AE-20 to C-3-SR on a 1.38 acre parcel, Sultana, Galaviz. Board of Supervisors Agenda Item, October 28, 2008.

Next Item(s) Sitting as...


ITEM D

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 E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: County of Tulare v. Judicial Council of California, et al

Sacramento Superior Court Case Number 07AS00376

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Service Employees International Union Local 521 v. County of Tulare

Public Employee Relations Board Unfair Practice Charge Number

SA-CE- 566-M

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: County of Tulare v. Service Employees International Union Local 521

Public Employee Relations Board Unfair Practice Charge Number

Unassigned, Date Filed October 22, 2008

Next Item(s) Sitting as...

ITEM H

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

(Government Code Section 54957.6)

County Administrative Officer

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...