MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

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) 636-5000

FAX (559) 733-6898


 

January 27, 2009

 

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.                  Proclamation presentation Honoring the Tulare Athletic Boxing Club for its Dedication to the Youth of Tulare County.

2.                  Legislative update given by Paul Yoder, Strategic Local Government Services. Review, modify, and adopt the Proposed 2009/2010 State Legislative and Regulatory Platform.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from Resource Management Agency to hold the Public Hearing and prior to action, continue the Public Hearing (for non-payment of fees in the amount of $3,210 due to the Resource Management Agency) for the appeal filed by Zion Ministries, Inc. and Full Gospel Conference of the World, Inc. for Special Use Permit No. PSP 08-056 (ZA) to allow the conversion of a bed and breakfast into a church retreat facility in the AE-20 (Exclusive Agricultural - 20 acre minimum) zone on property located on the northwest corner of Road 152 and Avenue 344, northwest of Ivanhoe.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 29)

 

 

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

6.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of the California Seed Law, 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

7.                  Ratify the following Proclamations: Honoring M. Green & Company, LLP Certified Public Accountants Tulare Chamber of Commerce 2008 Large Business of the Year; Honoring Jeri Sell Tulare Chamber of Commerce 2008 Woman of the Year; Honoring Tony Souza Jr. Tulare Chamber of Commerce 2008 Man of the Year; and Honoring Gainsborough Studio Tulare Chamber of Commerce 2008 Small Business of the Year.

8.                  Reappoint Bob Carden, Member At-Large, Seat 15; Ralph E. Nelson, Jr. MD, Family Member, Seat 12; Donna Grigsby, Family Member, Seat 16; and Steve Whitten, Family Member, Seat 13 to the Mental Health Board for terms ending December 31, 2011.

Health & Human Services Agency

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

10.             Ratify and approve an agreement with the California Department of Public Health for the Public Health Emergency Preparedness Program, State General Fund Pandemic Influenza, and HHS Hospital Preparedness Program Funding to provide continued funding for planning and preparing for Bioterrorism, Pandemic Influenza, and other public health threats and emergencies, retroactive to July 1, 2008, August 9, 2008, and August 10, 2008 through June 30, 2009, August 8, 2009, and August 9, 2009 respectively. Find that the Board had authority to enter into the proposed agreement as of the following dates: July 1, 2008; August 9, 2008; and August 10, 2008 and that it was in the County's best interest to enter into the proposed agreement on those dates.

11.             Ratify and approve an agreement with Delta Dental of California to provide dental care services to eligible Healthy Kids program members between the ages of 6 to 18, retroactive to October 25, 2008 through October 25, 2009. Find that the Board had authority to enter into the proposed agreement as of October 25, 2008 and that it was in the County's best interest to enter into the agreement on that date.

12.             Ratify and approve an agreement with the California Department of Public Health for the receipt of Emergency Medical Services Appropriation funding to provide compensation to medical providers for emergency services to patients for whom payment will not be made, 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.

13.             Ratify and approve an agreement with the California Department of Public Health to receive funding for the Women, Infants, and Children (WIC) Program in the amount of $15,570,000 that helps safeguard the health of low-income pregnant, lactating, and postpartum women and their children up to age 5, who are risk, to eat well and stay healthy, retroactive to October 1, 2008 through September 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.

Probation

14.             Authorize the submittal of a grant application to the California Office of Traffic Safety for funding in the amount of $597,160 to establish the Tulare County DUI Suppression, Prosecution and Supervision Project.

15.             Ratify and approve an amendment to Agreement No. 21590 with BI Incorporated to provide electronic monitoring services for juveniles and adults, and compliance monitoring services to adult offenders in Tulare County, retroactive to March 14, 2008 through March 13, 2011. Find that the Board had authority to enter into the proposed amendment as of March 13, 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 Franchise Tax Board for the collection of fines, fees, forfeitures and penalties, retroactive to December 1, 2008 through November 30, 2011. Find that the Board had authority to enter into the proposed agreement as of December 1, 2008, and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

17.             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 08-005, from AE-20 (Exclusive Agricultural - 20 acre minimum) to C-3-SC-SR (Service Commercial - Scenic Corridor - Site Review Combining) on a 2.03-acre parcel located on the northeast corner of Road 162 and Avenue 296, north of Farmersville. Set a Public Hearing for February 10, 2009 at 2:00 p.m.

18.             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 07-011, to reconfigure the existing zones of R-3 (Multiple Family), R-A-43 (Rural Residential-43,000 sq. ft. minimum) and C-2-SC (General Commercial Scenic Corridor) or to any other zone or combination of zones considered (or found) by the Board of Supervisors to be appropriate and consistent with the General Plan, submitted by Rock Creek Properties, LLC. on two parcels totaling 27-acres, located on the east side of State Highway 198, approximately mile north of Eggers Drive in Three Rivers. Set a Public Hearing for February 10, 2009 at 2:00 p.m.

19.             Introduce and waive the first reading of an Ordinance adding Section 3-07-1168 to Part 3, Chapter 7, Article 7 of the County of Tulare Ordinance Code establishing prohibitions to excavation in newly renovated County streets and amending Section 3-07-1170 dealing with exceptions.

20.             Accept the work for Rehabilitation of Runway 13-31 at Sequoia Field Airport as complete by R.J. Berry Jr., Inc. of Selma, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

21.             Reject all bids received and cancel procurement of Job Order Contract (JOC) 002. Authorize the advertisement for bids for Job Order Contracting construction services. Approve the bid opening for the Job Order Contract to be held on March 12, 2009 at 2:00 p.m. in the Board of Supervisors Conference Rooms A & B.

22.             Approve the Road 80 Widening Project Services agreement with Alta Irrigation District to prepare final engineering plans, specifications and estimate, advertise for bids, award the construction contract, and supervise the construction of the Alta Irrigation District pipeline associated with the Road 80 Widening Project.

23.             Approve the California Rural Home Mortgage Finance Authority (CRHMFA) Homebuyers Fund Joint Exercise of Powers Agreement to provide local mortgage consultants with access to National Homebuyer Fund loan programs.

24.             Approve the Agreement with BRADCO Environmental to provide wood and green waste recycling services at the County landfills for a period of three (3) years. Delegate authority, on behalf of the County, to the Resource Management Agency Director to extend the Agreement for one (1) additional year under the same terms and conditions.

Sheriff/Coroner

25.             Approve the fixed asset purchase of a farm tractor in the amount of $10,775 to replace the 1972 tractor that is no longer operable. Approve the necessary budget adjustments. (4/5ths vote)

26.             Acknowledge and accept monetary donations of $2,600 from Friends of Tulare County designated for the Sheriff's Search & Rescue Unit.

27.             Ratify and approve an amendment to Agreement No. 23365 with Visalia Unified School District, Ivanhoe Elementary School to provide a Sheriff's Deputy to spend one to three hours per week participating in the Violence Intervention Servicing Ivanhoe's Ongoing Needs project, retroactive to July 1, 2008 through June 30, 2009.

28.             Ratify and approve an agreement with Community Services & Employment Training (C-SET) to provide training for the Jobs for Young Adults Program, retroactive to November 14, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of November 14, 2008, and that it was in the County's best interest to enter into the agreement on that date.

29.             Ratify and approve the Fiscal Year 2008 Anti-Drug Abuse grant award from the Governor's Office of Emergency Services, retroactive to July 1, 2008 through June 30, 2009. Ratify the Chairman's signature on the Grant Award Face Sheet and the Certification of Assurance of Compliance/Anti-Drug Abuse/Methamphetamine Laboratory Operations. Find that the Board had authority to enter into the Grant Award Face Sheet and Certification of Assurance of Compliance/Anti-Drug Abuse/Methamphetamine Laboratory Operations on July 1, 2008, and that it was in 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

 

30.             Request from Probation Department to approve the creation of seven (7) Probation Correctional Officer II positions for the implementation of Juvenile Justice Development Plan approved by the Corrections Standards Authority. Approve and authorize a Personnel Resolution amending the Fiscal Year 2008/2009 position allocation for the Probation Department, adding seven (7) full time Probation Correctional Officer II positions. Approve the necessary budget adjustments. (4/5ths vote)

31.             Receive a presentation regarding Tulare County Health and Human Services Agency, In-Home Supportive Services Program that provides personal care and domestic services to aged, blind or disabled individuals in their own homes and In-Home Supportive Services Advisory Council.

32.             Review, modify, and adopt the Proposed 2009 Federal Legislative and Regulatory Platform.

33.             Request from Human Resources and Development to approve the terms and conditions of employee layoffs during the months of January, February and March in the Health and Human Services Agency.

(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 by Zion Ministries, Inc. and Full Gospel Conference of the World, Inc. of Zoning Administrator Decision No. 2989 denying Special Use Permit No. PSP 08-056 (ZA), to allow conversion of a bed and breakfast into a church retreat facility in the AE-20 Zone on northwest corner of Road 152 and Avenue 344, northwest of Ivanhoe. Board of Supervisors Agenda Item, January 27, 2009.

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: 2

Amendment to Ordinance Code of Tulare County, pertaining to encroachments in the County right of way, Board of Supervisors Agenda Item, January 27, 2009.

Next Item(s) Sitting as...

ITEM C

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 D

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 E

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 F

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 G

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 H

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 I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Number of Potential Cases: 3

Name of Case: James Li v. Michael Sheltzer, County of Tulare

United States District Court Eastern District of California Court Case Number 1:07-CV-01039-AWI

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Tanya Rader, et al v. County of Tulare, et al

Tulare County Superior Court Case Number 07-225967

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Kerry Kelly, et al v. Kevin Dahlberg, Salvador Valdovinos, et al

Tulare County Superior Court Case Number 08-229049

Next Item(s) Sitting as...

ITEM L

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 M

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

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