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

 

November 18, 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.                  Recognize Wilber Bergen for his 37 years of service to the County of Tulare.

2.                  Presentation given by the California State Association of Counties to honor the Tulare County Drug-Exposed Infant Program for winning a CSAC 2008 Challenge Award.

3.                  Presentation of the Step Up Service Learning Grant Program Update.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to deny an appeal filed by Craig Welch for denial of General Plan Amendment No. GPA 08-003 to change the land use designation from "Agricultural" to "Commercial" and Change of Zone No. PZ 08-005 to change the zone from AE-20 (Exclusive Agricultural - 20 acre minimum) to C-3-SC-SR (Service Commercial - Scenic Corridor - Site Review Combining), on 2.03 acres located on the northeast corner of Road 162 and Avenue 296, north of Farmersville. Uphold Planning Commission Resolution Numbers 8372 and 8373.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 40)

 

 

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

5.                  Approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of the California Cotton Plowdown Regulations, effective December 1, 2008 through March 31, 2009.

6.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of portions of the California Food and Agriculture code pertaining to high-risk shipments of beehives and plant material at terminals, 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.

7.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of Federal Domestic Quarantine 7 related to Sudden Oak Death inspection activities, 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.

8.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of portions of the California Food and Agriculture code pertaining to high-risk shipments plant material at terminals, 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.

Board of Supervisors

9.                  Ratify the following Proclamations: Honoring Heather Hunt as the Tipton Community Council's Youth of the Year; Honoring Leanne Sandlin Simoes as the Tipton Community Council's Woman of the Year; Honoring Farmers Burger as the Tipton Community Council's Business of the Year; Honoring Tipton First Southern Baptist Church as the Tipton Community Council's Organization of the Year; Honoring Deltha Teeters as the Tipton Community Council's Senior of the Year; Honoring Lynda K. Fitzpatrick as the Tipton Community Council's Volunteer of the Year; Honoring John Fitzpatrick as the Tipton Community Council's Man of the Year; Declaring October 21, 2008 as Disability Awareness Day in Tulare County; Honoring Jim Maloney on the occasion of the Tulare County Drug Court Graduation; Honoring Allan D. Fisher Sequoia Council Boy Scouts of America 2008 Distinguished Citizen; Recognizing Dr. John Snavely Porterville Chamber of Commerce 2008 Chairman of the Board; and Honoring the Kaweah Oaks Preserve on its 25th Anniversary.

10.             Approve short-term appointments to Special Districts in Lieu of Election for terms ending December 3, 2010:

Goshen Community Services District

 

Exeter Ambulance District

Carmen Valdez, Director

 

Brett Inglehart, Director

 

 

 

Alta Healthcare District

 

Sierra View District Hospital

Yvette B. Botello Director Zone 3

 

Jeanine Hetherington, Director

 

11.             Approve appointments to Special Districts in Lieu of Election for terms ending December 7, 2012:

Goshen Community Services District

 

Orosi Memorial District

Katheryn R Garza, Director

 

Sersfin "Perry" Reyes, Director 4 - Veteran

Helen Gonzalez, Director

 

Erika Helo, Director 5 - Non-Veteran

 

 

 

Alta Healthcare District

 

Springville Memorial District

Margaret Tracy, Director Zone 2

 

John T. Millwee, Director 1 - Veteran

 

 

Jason I. Otter, Director 2 - Veteran

Exeter Ambulance District

 

Larry L. Marcotte, Director 3 - Non-Veteran

Karim H Elbisi, Director

 

 

Daymon Qualls, Director

 

Pixley Public Utility District

Sonny Lowry, Director

 

Linda F. Roberts, Director Seat 1

 

 

Robert F. Chandler,Director Seat 4

Kaweah Delta Hospital District

 

Jacob Reveles, Director Seat 5

Johnathan "Jody" Graves, Director Zone 1

 

 

Teresa Ramos, Director Zone 5

 

Dinuba Memorial District

 

 

J.B. Westmoreland, Director 3 - Veteran

 

 

Ben Knowles, Director 4 - Non-Veteran

 

 

Jerry L. Whitaker, Director 5 - Non-Veteran

12.             Appoint Jake Raper to the Planning/Development Director seat on the Solid Waste Management Technical Advisory Committee.

13.             Approve a Resolution opposing the proposed State Prison Healthcare Facility in San Joaquin County.

County Counsel/Risk Management

14.             Authorize the Chairman to sign the extended participation agreement to extend the Medical Mal-Practice Insurance Program through CSAC-EIA to October 1, 2010.

County Administrative Office

15.             Ratify the actions taken by the County Administrative Officer during the months of September and October 2008.

16.             Approve an amendment to Agreement No. 22970 with Jay W. Powell for Conflict Public Defender Services.

17.             Accept the Visalia Library Roof Project as a completed project. Authorize the Chairman to sign the Notice of Completion for the subject project. Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the subject project with the office of the Tulare County Recorder.

18.             Waive the competitive bid process and authorize the purchase of 3M brand shelf checkout units for the Visalia Library. Authorize the Purchasing Agent to execute any and all purchase orders and agreements necessary to purchase and install the self checkout units.

District Attorney

19.             Approve an increase to recording fees for real estate instruments, papers, or notices to $3.00 per instrument recorded, effective January 1, 2009. Direct that the monies collected by the Assessor/Clerk-Recorder's Office shall be deposited into the interest bearing Real Estate Fraud Prosecution Trust Fund 554 for the sole purpose of prosecution and investigation of real estate fraud. A 10% administrative fee per instrument recorded will be retained by the Assessor/Clerk-Recorder's Office. Reaffirm the statutory composition of the Real Estate Fraud Prosecution Trust Fund Committee as consisting of the County Chief Administrative Officer or his designee, the District Attorney, or his designee, and the chief officer responsible for consumer protection which is currently the District Attorney.

Health & Human Services Agency

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

21.             Approve the fixed asset purchase of a Hasler WJ185 mail processing machine for the Tulare County Health and Human Services Agency at the MCH Storeroom in the amount of $12,591, to replace the existing machine by December 31, 2008 per direction of the United States Postal Service.

22.             Ratify and approve an amendment to Agreement No. 22800 with Turning Point of Central California, Inc. for The Mobile Unit - North County Program for the provision of Mental Health Services Act (MHSA) services for populations that are currently un-served and underserved in Tulare County, 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.

23.             Ratify and approve an amendment to Agreement No. 22797 with Turning Point of Central California, Inc. for The One Stop Center - North County Program for the provision of Mental Health Services Act (MHSA) services to those mental health consumers that are currently un-served and underserved in Tulare County, 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.

24.             Ratify and approve Tulare County Health and Human Services Agency, Environmental Health Services acceptance of the State of California Resource Agency, Department of Water Resources, Local Groundwater Assistance Program Grant in the amount of $249,984 to develop and implement a program for the management of historical and future groundwater data that will meet the State requirements of the mandatory components of the local groundwater management plan and the developing integrated regional water management plan, retroactive to June 30, 2008 through May 15, 2010. Find that the Board had authority to enter into the proposed agreement as of June 30, 2008 and that it was in the County's best interest to enter into the agreement on that date.

25.             Ratify and approve an agreement with WRIME, Inc. in the amount of $249,984 to develop and implement a program for the management of historical and future groundwater data to be integrated into the California Department of Water Resources Integrated Water Resources Information System, retroactive to October 1, 2008 through June 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.

Probation

26.             Ratify and approve amendments to Agreement Nos. 21672 and 21737 with Cutler-Orosi Unified School District and the City of Tulare, respectively, 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 to the agreements as of July 1, 2008 and that it was in the County's best interest to enter into the agreements on that date.

27.             Accept the $135,000 discretionary funding from Youthful Offender Block Grant for the creation of two (2) positions and implementation of various treatment programs for Division of Juvenile Justice re-entry and all other non-violent wards of the County. Approve and authorize a Personnel Resolution amending the Fiscal Year 2008/2009 position allocation for the Probation Department, adding one (1) full time Probation Officer II and one (1) full time Probation Institution Supervisor positions. Approve the necessary budget adjustments. (4/5ths vote)

 

Resource Management Agency

28.             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 07-012, from AE-10 (Exclusive Agricultural - 10 acre minimum) to M-1-SR (Light Manufacturing - Site Review Combining), on four parcels comprising a total of 20.82 acres, located on the east side of Road 256, at the intersection of Avenue 96, east of Terra Bella, (Tuff Stuff Products). Set a Public Hearing for December 16, 2008, at 9:30 a.m.

29.             Approve monthly rent increase from $2,200 to $3,200 effective January 1, 2009 and $4,200 effective January 1, 2010 for the use of the South Hanger located at Sequoia Field Airport by TBM Inc. Authorize the Resource Management Agency Director, or his designee, to send notification to TBM Inc. of subsequent rent increases.

30.             Accept the work for construction of a Compressed Natural Gas Fueling Facility located at the Central Road Yard at Avenue 256 and Road 140 as complete by Gas Equipment Systems Incorporated of Rancho Cucamonga, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

31.             Ratify and approve the 2008/2009 Transit Agreement with the City of Porterville to provide transit service to County residents, 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.

32.             Approve an agreement with Self Help Enterprises in the amount of $373,129 for implementation of the Richgrove Water Well Project funded by Community Development Block Grant No. 06-STBG-2598. Approve the expenditure of Community Development Block Grant Program Income funds to pay building permit fees above the original $15 connection fee associated with the Plainview Water Connection Program.

33.             Approve the Program Supplement with the State of California, Department of Transportation, in the amount of $32,000 for cost reimbursement to purchase one Compressed Natural Gas pickup truck.

34.             Approve the Program Supplement with the State of California, Department of Transportation, in the amount of $281,000 for cost reimbursement to construct a traffic control signal at the intersection of Avenue 256 and Road 140, southeast of Visalia.

35.             Approve the Program Supplement with the State of California, Department of Transportation, in the amount of $550,310 for cost reimbursement to stabilize 11.56 miles of road shoulders at five locations on Avenue 56, Avenue 248 (2), Avenue 256 and Avenue 304 in Tulare County.

36.             Make the required findings regarding development and approve the Community Improvement Program, Phases 8 and 9 Pedestrian Corridor Project within the Cutler-Orosi Redevelopment Project Area and consent to the appropriate expenditures.

 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

37.             Make required findings regarding development and approve the Community Improvement Program, Phases 8 and 9 Pedestrian Corridor Project within the Cutler-Orosi Redevelopment Project Area and approve the appropriate expenditures.

38.             Approve an agreement for Phase 8A of a Community Improvement Program Project with Community Services & Employment Training, Inc. in the amount of $159,600 for installation of 11,400 lineal feet of curb, gutter and sidewalk (six feet wide) along Road 126 from Avenue 419 to Avenue 422 in the Community of Cutler-Orosi. Approve an Agreement for Phase 8B of a Community Improvement Program Project with Community Services & Employment Training, Inc. in the amount of $93,100 for installation of 6,650 lineal feet of curb, gutter and sidewalk (six feet wide) along Avenue 419 from Road 126 to State Route 63 in the Community of Cutler-Orosi.

39.             Approve and accept a State of California Master Agreement and associated Program Supplemental Agreement with the California Department of Transportation for funding of transportation projects.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

40.             Ratify and approve an agreement with the U.S. Department of Justice, Drug Enforcement Administration, Organized Crime Drug Enforcement Task Force, retroactive to October 1, 2008 through September 30, 2009. Find that the Board had authority to enter into the Agreement as of October 1, 2008, and that it was in the County's best interest to enter into the Agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

41.             Request from Resource Management Agency to authorize staff to pursue Caltrans Aeronautics CIP funding to update the Tulare County Comprehensive Airport Land Use Plan for Eckert Field Airport, Exeter Airport, Harmon Field Airport, Mefford Field (Tulare) Airport, Porterville Municipal Airport, Sequoia Field Airport, Visalia Municipal Airport and Woodlake Municipal Airport. Authorize the submission of an Acquisition and Development Grant application for $240,000 for an update to the Tulare County Comprehensive Airport Land Use Plan which is included in the 2008 Aeronautics Program as adopted by the California Transportation Commission. Authorize accepting the allocation of funds for the Tulare County Comprehensive Airport Land Use Plan update. Certify the availability of the County's ten percent (10%) matching funds.

 

 

42.             INFORMATION ONLY: Bid opening results for the Motor Pool Project.

Atkins, Bergreen, Inc.

$517,850.00

Suburban Pipe & Steel

$533,700.00

Valley Steel Construction

$582,484.00

Dale Atkins Contractor

$634,000.00

Castle Construction

$642,430.00

 

 

Engineer's Estimate

$529,000.00

 

43.             Public Comments.

44.             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: 1

Appeal Planning Commission denial of General Plan Amendment No. GPA 08-003 from to change land use designation from "Agricultural" to "Commercial", and Change of Zone No. PZ 08-005 from AE-20 to C-3-SC-SR, located north of Farmersville, Craig Welch

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: 4

Proposed Tulare County General Plan 2030 Update and Draft Environmental Impact Report, Board of Supervisors Agenda Item on November 18, 2008

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Loss Protection & Investigations, Inc. v. County of Tulare,

Tulare County Superior Court Case Number 08-227661

Next Item(s) Sitting as...

ITEM D

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 VCU 228533

Next Item(s) Sitting as...

ITEM E

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

U.S. District Court Case Number 1:06-CV-00684-AWI-LJO

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: 1

Next Item(s) Sitting as...

ITEM G

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

(Government Code Section 54957.6)

County Administrative Officer

Next Item(s) Sitting as...

ITEM H

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...