MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

VACANT

District Two

 

PHILLIP A. COX - Chairman

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

 

December 9, 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 with a total of fifteen (15) minutes allotted for the Public Comment Period. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  Recognize the Resource Management Agency's Print Services Division for their outstanding service.

2.                  Presentation to honor the Kaweah Oaks Preserve on its 25th Anniversary.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Receive a report from staff regarding a request to vacate that undeveloped portion of Lilac Lane extending east of Grant Lane adjoining Lots 1 through 5 in the Mesa Addition to Wilsonia, in the County of Tulare, State of California, as per map recorded in Volume 17 of Maps Page 2, Tulare County Records. Direct staff as to how the Board of Supervisors would like to proceed with the vacation of the aforementioned portion of Lilac Lane.

6.                  PUBLIC HEARING: Request from the Resource Management Agency to authorize the submittal of a 2008 Community Development Block Grant (CDBG) Economic Development (ED) Allocation Application. As required by State regulations, authorize submittal of a 2008 CDBG ED Allocation application for $300,000 in funding to be distributed as follows: Public Services, $277,500; and General Administration, $22,500. Request that the Tulare County Redevelopment Agency commit $20,000 for match funding towards the proposed application. Authorize the Chairman of the Board to sign the completed 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 application AND authorize the Chairman of the Board to act on behalf of the County, to execute in the name of the County of Tulare, the Standard Agreement with the State of California, subject to County Counsel review and approval and so long as said agreement does not substantially differ from prior similar grant agreements previously approved by the Board.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

7.                  Request from Resource Management Agency to authorize commitment and expenditure of Tulare County Redevelopment Agency funds in the amount of $20,000 from the following sources: Cutler-Orosi ($5,000); Goshen ($5,000); Ivanhoe ($5,000); and Pixley ($5,000) to be used as local match for the 2008 Community Development Block Grant (CDBG) Economic Development (ED) Application. Find that leveraging financial resources for the Microenterprise Technical Assistance and Loan Program in these communities: (a) is consistent with the adopted Redevelopment Plans for Cutler-Orosi, Goshen, Ivanhoe and Pixley; (b) implements the affected redevelopment plans by assisting in the eradication of economic blight; (c) is consistent with the current Implementation Plans adopted in 2008, pursuant to Health and Safety Code 33131 (a) and (c) and 33133; and (d) will directly benefit low- or moderate-income persons and find that there is no other reasonable and available means of financing the local match for proposed activities and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

8.                  PUBLIC HEARING: Request from Resource Management Agency to adopt the proposed extension of the Interim Zoning Ordinance No. 3353 for an additional period of one (1) year, commencing on January 6, 2009 and ending on January 5, 2010 prohibiting the establishment of Medical Marijuana Dispensaries. (4/5ths vote)

9.                  PUBLIC HEARING: Request from Resource Management Agency to deny the request by Joe Nunes to have the double permit fees for Special Use Permit PSP 08-067 application in the amount of $3,486 reduced to the single fee of $1,743 for property located at 107 Airport Road, Pixley.

10.             PUBLIC HEARING: Request from the Resource Management Agency to consider the request for the partial cancellation of Land Conservation Contract No. 10765 for APN 075-170-031, approximately 37.41 acres within Agricultural Preserve No. 3638, located just south of Avenue 312 and approximately one half mile west of Road 76, within the northeastern portion of the community of Goshen. Certify that a Negative Declaration has been completed in compliance with the California Environmental Quality Act of 1970, as amended. Determine that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration prepared for the project reflects the independent judgment of the County. Determine that the partial cancellation is consistent with the purposes of the Williamson Act. Tentatively approve the partial cancellation subject to certain conditions and contingencies found on Page 13 of the staff report. Certify to the County Auditor the cancellation fee in the amount of $187,500. Direct the Clerk of the Board to record a Certificate of Tentative Cancellation in the Office of the County Recorder. Direct the Clerk of the Board to sign and file the Notice of Determination with the County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 11 through 38)

 

 

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

11.             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/Registrar of Voters

12.             Establish the 2008/2009 Appropriations Limit for the County to be $1,365,279,295 in compliance with Article XIIIB of the State of California.

13.             Review and accept the Certified Statement of Vote as submitted by the Registrar of Voters for those Offices/Measures for which the Board of Supervisors is the Governing Body.

Board of Supervisors

14.             Appoint Phillip A. Cox, Member 9 to the Tulare County Employees' Retirement Board for a term ending December 31, 2008.

15.             Reappoint Patsy Holland to the Tulare County Housing Authority as a Tenant Commissioner for a term ending December 18, 2010. Reappoint Steven B. Saltzman to the Tulare County Housing Authority as District 2 Regular Commissioner for a term ending December 18, 2012.

16.             Reappoint Jeffrey A. Nelson and Stuart Morse to the Fish and Game Commission for terms ending September 4, 2010.

17.             Approve a Letter of Support for the Alder Creek Fire Safe Council's application to receive $330,000 to develop an Environmental Impact Statement to help prepare a fire break to the West of Sequoia Crest.

County Counsel

18.             Introduce and waive the first reading of an Ordinance amendment to subsections (a) and (b) of Section 3-07-1160 and adding Section 3-07-1167 to Article 7 of Chapter 7 of Part III of the Tulare County Ordinance Code pertaining to the Maintenance and Safety of Railroad Crossings.

County Administrative Office

19.             Approve an agreement with the Judicial Council of California, Administrative Office of the Courts for the transfer of the Visalia Courthouse. Approve the Joint Occupancy Agreement with the Judicial Council of California, Administrative Office of the Courts for the Visalia Courthouse. Approve an agreement with the Judicial Council of California, Administrative Office of the Courts for the transfer of the William Silveira Jr. Juvenile Justice Center. Approve the Joint Occupancy Agreement with the Judicial Council of California, Administrative Office of the Courts for the William Silveira Jr. Juvenile Justice Center.

District Attorney

20.             Authorize acceptance of continued grant funding from the California Department of Insurance for the Automobile Insurance Fraud Prosecution Program in the amount of $126,608 for Fiscal Year 2008/2009. Ratify and approve the Grant Award Agreement and District Attorney Phil Cline's signature on behalf of the Chairman, 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. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

 

21.             Authorize acceptance of continued grant funding from the California Department of Insurance for the Workers' Compensation Insurance Fraud Prosecution Program in the amount of $279,939 for Fiscal Year 2008/2009, and recognize an additional $80,344 of carry over funds from Fiscal Year 2007/2008. Ratify and approve the Grant Award Agreement and District Attorney Phil Cline's signature on behalf of the Chairman, 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. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Approve the necessary budget adjustments. (4/5ths vote)

Health & Human Services Agency

22.             Rescind Resolution No. 93-0796. Ratify and adopt a Resolution to update the Indigent Burial Policy, including the increase of payment to funeral homes for cremation and burial from $400 to $700.

23.             Approve termination of Agreement No. 23617 with Cordes Consulting, Inc. for consultation services about regular CalWIN maintenance, operations, problem identification, and resolution effective January 10, 2009 and authorize the Chairman of the Board to sign the Notice of Termination.

24.             Approve termination of Agreement No. 22444 and as amended A-D with Tulare County Workforce Investment Board (WIB) for administration of the Welfare to Work Program effective January 10, 2009 and authorize the Chairman of the Board to sign the Notice of Termination.

Resource Management Agency

25.             Authorize the waiver of disposal fees for Christmas trees accepted at County landfills from December 26, 2008 through January 10, 2009.

26.             Authorize the filing of Notices of Partial Non-renewal for eleven (11) Land Conservation Contracts as provided in the Williamson Act. These requests fulfill conditions resulting from lot line adjustments and parcel maps for the creation of home sites as follows:

PNR 07-001 - Williamson Act Contract No. 2625, Agriculture Preserve 0210, west of Lindsay (Noel) (3.20 acres from 156.27 acres)

PNR 07-002 - Williamson Act Contract No. 13996, Agricultural Preserve 4049, north of Dinuba (Schellenberg) (2.21 acres from 49.54 acres)

PNR 07-006 - Williamson Act Contract No. 5206, Agricultural Preserve 1301, southeast of Dinuba (Simmons) (1.49 acres from 39 acres)

PNR 07-007 - Williamson Act Contract No. 3943, Agricultural Preserve 1008, south of Dinuba (Peters) (1.32 acres from 77.98 acres)

PNR 07-009 - Williamson Act Contract No. 9623, Agricultural Preserve 3315, southwest of Visalia (Miller) (1.48 acres from 79.60 acres)

PNR 07-011 - Williamson Act Contract No. 6197, Agricultural Preserve 1941, southwest of Dinuba (Wohlgemuth) (1 acre from 20 acres)

PNR 07-014 - Williamson Act Contract No. 3038, Agricultural Preserve 0417, south of Dinuba (Marrelli) (1 acre from 40 acres)

PNR 07-016 - Williamson Act Contract No. 2870, Agricultural Preserve 0337, north of Ivanhoe (Baughman) (1.05 acres from 60 acres)

PNR 07-018 - Williamson Act Contract No. 5074, Agriculture Preserve 1597, southwest of Porterville (DePaoli) (1.18 acres from 80 acres)

PNR 07-024 - Williamson Act Contract No. 6762, Agriculture Preserve 1501, southeast of Cutler (Quezada) (1.60 acres from 21.77 acres)

PNR 07-026 - Williamson Act Contract No. 3790, Agriculture Preserve 0790, southwest of Tulare (Vander Poel) (0.83 acres from 450.90 acres)

 

27.             Approve and award the contract for the Motor Pool Relocation Project to the lowest responsible bidder, Atkins Bergreen, Inc, 111 S. Court Street, Suite 107, Visalia, CA 93291, in the amount of $517,850. Authorize the Chairman of the Board to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification and contract, subject to review and approval as to form by County Counsel.

28.             Approve and award the contract to the lowest responsive and responsible bidder, Richard A. Heaps Electrical Contractor Inc. of Sacramento, California, in the amount of $150,843 for construction of a traffic signal at Avenue 256 and Road 140, southeast of the City of Visalia. Authorize the Chairman of the Board to sign the contract, subject to 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 $15,000 (10%) to cover unexpected construction conditions.

29.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Calvin B. Elrich and Marjorie R. Elrich for the Road 80 Widening Project in the amount of $41,000. 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 and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $42,600 in favor of Chicago Title Company.

30.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from George Brothers Partnership for the Road 80 Widening Project in the amount of $34,000. 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 and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $34,800 in favor of Chicago Title Company.

31.             Approve an agreement for Purchase of a Temporary Construction Easement from William L. Peacock and JoAnne Peacock for the Road 80 Widening Project in the amount of $500. Authorize County Counsel to sign the Temporary Construction Easement acceptance upon presentation. Authorize the Resource Management Agency Director, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $500 in favor of William L. Peacock and JoAnne Peacock.

32.             Approve Program Supplement N041 with the State of California, Department of Transportation, to receive state funding for the preliminary engineering phase of the M319 Bridge over the South Fork of the Kaweah River.

33.             Approve a License Agreement with the State of California, Department of Developmental Services, Porterville Developmental Center for use of a suite located at 1225 South "O" Street in the City of Tulare.

34.             Introduce and waive the first reading of the proposed uncodified Ordinance of the Tulare County Ordinance 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 December 16, 2008 at 9:30 a.m.

35.             As the sponsor agency, approve the Highway Railroad Crossings Safety Account Project Baseline Agreement from the California Transportation Commission for $12.175 million for the construction of the Betty Drive (Phase 2) railroad crossing improvements, retroactive to September 1, 2008.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDVELOPMENT AGENCY

36.             Introduce and waive the first reading of the proposed uncodified Ordinance of the Tulare County Ordinance Code pertaining to the adoption of the Pixley Redevelopment Plan, First Amendment. Set a Joint Public Hearing with the Board of Supervisors for December 16, 2008 at 9:30 a.m.

37.             As the implementing agency, accept a grant award from the California Transportation Commission's Highway Railroad Crossing Safety Account for $12.175 million to be used for construction of the Betty Drive (Phase 2) railroad crossing improvements.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Superior Court

38.             Distribute $8.00 from court filing fees to fund alternative dispute resolution programs in accordance with Business and Professions Code Section 465 et seq. Designate to the Court each and all of the duties and responsibilities of the County set forth in Section 465 through Section 471.5 inclusive of the Business and Professions Code and concurrently assign to the Court the right to administer funds accumulated.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

39.             Authorize the Resource Management Agency Director, or his designee, to investigate the potential of entering into a three-year Energy Partnership with Southern California Edison that would promote energy efficiency throughout Tulare County. Direct staff to return to the Board with findings for consideration at a future date.

 

 

40.             Request from the Board of Supervisors to approve the funding awards as recommended by the Tulare County Youth Commission and award $70,000 in funding from the Step Up Youth Activities Grant Program as follows: District One: Boys and Girls Club of the Sequoias ($10,000); District Two: Tulare Athletic Boxing Club ($10,000), CSET Pixley ($5,550), Tulare County Sheriff's PAL ($4,450); District Three: Pro-Youth/HEART ($6,500), Young Life ($5,000), Tulare County Youth For Christ ($4,700), Visalia PAL ($3,800); District Four: Big Brothers Big Sisters of Central California ($6,000), Cutler-Orosi Community for Youth Foundation ($5,000), Boys and Girls Club of Tulare County ($4,000), Proteus, Inc. ($3,000), Self-Help Enterprises ($2,000); and District Five: No funding awards. Allow the remaining $30,000 ($10,000 from District One and $20,000 from District Five) to be allocated to organizations in any of the five Supervisorial Districts and waive the limit of $20,000 per Supervisorial District. Award the remaining $30,000 as follows: Pro-Youth/HEART ($3,500), Young Life ($3,750), Tulare County Youth for Christ ($3,750), Visalia PAL ($250), Big Brothers Big Sisters of Central California ($3,750), Cutler-Orosi Community for Youth Foundation ($3,750), Boys and Girls Club of Tulare County ($3,750), Proteus, Inc.($3,750) and Self-Help Enterprises ($3,750).

41.             INFORMATION ONLY: Bid results for the History of Farm Labor and Agriculture Museum Project.

(Closed Session)

CONTRACTOR

BASE BID

ADD ALT #1

 

 

 

Webb & Son

$2,333,000

$90,000

RL Crawford Construction Company Inc.

$2,467,000

$139,000

Micham Inc.

$2,513,000

$128,000

Applegate Johnston Inc.

$2,574,000

$135,000

Zumwalt Construction Inc.

$2,590,000

$98,000

Atkins Bergreen Inc.

$2,622,000

$108,000

Lewis C. Nelson & Sons Inc.

$2,729,000

$120,000

Diede Construction Inc.

$2,775,000

$109,327

Solpac Construction Inc.

$2,837,000

$127,000

SC Anderson Inc.

$2,852,000

$121,500

Simile Construction Service Inc.

$2,900,000

$84,389

Seals/Biehle General Contractors

$3,050,000

$140,000

 

 

 

Engineers Estimate

$3,200,000

 


 

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

Public Hearing on considering the vacation of a portion of Lilac Lane which extends east of Grant Lane adjoining lots 1 through 5 in the Mesa Addition in Wilsonia, CA. Board of Supervisors Agenda Item # 4 on December 9, 2008.

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

Partial Cancellation of Land Conservation Contract No. 10765 for APN 075-170-031, approximately 37.41 acres within Agricultural Preserve No. 3638, Goshen, south of Avenue 312 and west of Road 76. Board of Supervisors Agenda #5 on December 9, 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

Extension of Interim Zoning Ordinance No. 3353 for additional year, commencing on January 6, 2009 and ending on January 5, 2010 prohibiting establishment of Medical Marijuana Dispensaries. Board of Supervisors Agenda Item #6 on December 9, 2008.

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

Terminate Agreement No. 23617 with Cordes Consulting, Inc. for consultation services about CalWIN, effective January 10, 2009. Board of Supervisors Agenda Item #20 on December 9, 2008.

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

Terminate Agreement No. 22444 with Workforce Investment Board for administration of Welfare to Work Program, effective January 10, 2009. Board of Supervisors Agenda Item #21 on December 9, 2008.

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Amendment to Ordinance Code of Tulare County, Pertaining to Maintenance and Safety of Railroad Crossings. Board of Supervisors Agenda Item #32 on December 9, 2008.

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Bravo, Uriah, et al v. County of Tulare, et al

Tulare County Superior Court Case Number 61112

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Keenan, William v. County of Tulare, et al

Tulare County Superior Court Case Number 07-223395

Next Item(s) Sitting as...

ITEM I

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 J

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM K

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...