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


 

February 24, 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.                  Introduction of Raymond Macareno, Executive Director of the Tulare Kings Hispanic Chamber.

2.                  Recognize Susan Ray for her 40 years of County service.

3.                  Public Comments.

4.                  Board of Supervisors matters.

5.                  11:00 a.m. Hold a Joint Workshop with the Tulare County Planning Commission to receive a presentation from County Counsel pertaining to Due Process, Entanglement, Bias and Conflict of Interest in discretionary Land Use Matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from the County Fire Department to confirm the accounting as modified for Fire Hazard Abatement Cost Recovery. Order that the costs, as confirmed, be recorded in the office of the Tulare County Clerk-Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

7.                  PUBLIC HEARING: Request from the 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 $1,750 due to the Resource Management Agency) for the appeal filed by Robert J. Owen, regarding the decision of the Zoning Administrator denying Zone Variance No. PZV 08-027 (ZA) to allow the creation of a 0.37 acre home site parcel from an original parcel (4.70 acres) containing less acreage than required in the AE-10 (Exclusive Agricultural-10 acre minimum) Zone, located on the east side of Road 252 (Plano Street), approximately 1,350 feet south of Scranton Avenue, south of Porterville.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 32)

 

 

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

8.                  Approve and authorize the Chairman to sign the Application for Federal Assistance (Standard Form 424), retroactive to December 1, 2007 through November 30, 2008. Ratify, approve and authorize the Chairman to sign a revision to Agreement No. 23342 with the United States Department of Agriculture pertaining to Revision No. 08-01, which decreases the award amount by $1,043,410.83 for a total award of $706,589.17 for the Area Wide Glassy-winged Sharpshooter Management Program, retroactive to December 1, 2007 through November 30, 2008. Find that the Board had authority to enter into the proposed agreement as of December 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

 

Auditor-Controller/Registrar of Voters

9.                  Review and accept the Certified Statement of Vote for the January 27, 2009 Special Runoff Election for Earlimart Elementary School District as submitted by the Registrar of Voters for those Offices which the Board of Supervisors is the governing body.

Board of Supervisors

10.             Reappoint Thomas M. Lampe to the Tulare Public Cemetery District for a term ending at Noon on January 7, 2013.

11.             Appoint Garry Maynard to the Poplar Community Services District for a short term ending December 4, 2009.

12.             Appoint Thomas C. Brodersen, Member-County Bar, to the Law Library Board of Directors for a term ending December 31, 2009.

13.             Appoint Donnie Moore to the Tulare County Youth Commission, Member At-Large, for a term ending June 24, 2011.

Cooperative Extension

14.             Ratify and approve an agreement with the California Department of Food and Agriculture in the amount of up to $16,758 for providing services in the support of Tulare County Weed Management Area for Detection, Eradication and Containment of Yellow Starthistle at the Eastern Leading Edge of the Sierra Nevada Foothills of Tulare County, retroactive to January 1, 2009 through December 31, 2009. Find that the Board had authority to enter into the proposed agreement as of January 1, 2009 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)

County Administrative Office

15.             Ratify actions taken by the County Administrative Officer during the month of January 2009 pertaining to Personnel/Payroll Changes and Good Works Funding Agreements.

16.             Accept the Main Jail FM-200 Fire Suppression System as a completed project by Velis Engineering, Inc. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to record the Notice of Completion with the Office of the Tulare County Clerk-Recorder.

Health & Human Services Agency

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

 

 

18.             Authorize the Tulare County Health and Human Services Agency (HHSA), Department of Mental Health to apply for grant funding under the Category II: Planning and Implementation phase in the amount of $250,000 from the U.S. Department of Justice's Office of Justice Programs' Bureau of Justice Assistance and authorize the Agency Director or his designee to sign the grant application; to increase public safety through innovative cross-system collaboration for individuals with mental illness who come in contact with the criminal or juvenile justice system.

19.             Ratify and approve an agreement with Proteus, Inc. in the amount of $316,975 to provide comprehensive job services to clients of TulareWORKs, retroactive to January 1, 2009 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of January 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

20.             Ratify and approve an agreement with See and Company in the amount of $185,726 to provide comprehensive job services to clients of TulareWORKs, retroactive to January 1, 2009 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of January 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

21.             Ratify and approve the acceptance of the California Integrated Waste Management Board for the Household Hazardous Waste Grant (17th Cycle) in the amount of $99,732 for the purchase of approved sharps containers for home generated sharps waste, retroactive to October 2008 through April 15, 2011. Find that the Board had authority to enter into the proposed agreement as of October 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)

22.             Ratify and approve the Business Associate Agreement with Tulare Local Health Care District for the sharing of medical information, retroactive to February 9, 2009 until terminated by either party. Find that the Board had authority to enter into the proposed agreement as of February 9, 2009 and that it was in the County's best interest to enter into the agreement on that date; and approve the Tulare County Medical Services (TCMS) Agreement with Tulare Local Health Care District to provide medical services to TCMS eligible clients.

23.             Ratify and approve an agreement between Independence Medical Group Central California, Inc. and Tulare County Health and Human Services Agency (HHSA) to allow HHSA to provide Primary Care medical services and other health care to enrollees of plans listed with Independence Medical Group Central California, Inc., retroactive to January 1, 2009 through December 31, 2010. Find that the Board had authority to enter into the proposed agreement as of January 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

 

 

 

Library

24.             Ratify and approve the submittal of a Special Project Grant application to First 5 Tulare County in the amount of $5,800 to purchase books for the Every Child Ready to Read at Your Library and Early Learning for Families programs of the Tulare County Library Literacy Division. Accept the grant award in the amount of $5,800. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

25.             Authorize the Civil War Reenactment at Mooney Grove Park, including the discharge of firearms (limited to blank ammunition), on March 5-8, 2009. Authorize overnight camping during the event by participants. Authorize the use of fire pits.

26.             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 08-010, from the AE-40 (Exclusive Agricultural-40 acre minimum) Zone to the AE-20 (Exclusive Agricultural 20-acre minimum) Zone on a 187.94 acre site, consisting of three parcels (one is for financing purposes only), located on the east side of Highway 99 on the south side of Avenue 272, approximately 4,080 feet west of Road 100, south of Visalia. Set a Public Hearing for March 10, 2009 at 9:30 a.m.

27.             Accept the following public road improvements as complete and into the maintained mileage system: Thurman Avenue from Elderwood Street to Redwood Street and Redwood Street from Olive Avenue to Thurman Avenue, west of the City of Porterville.

28.             Approve an amendment to Agreement No. 23597 with Central Valley Christian Housing Development, Inc. to add Exhibit F - Compliance Requirements to the County's 07-HOME-3083 Housing Rehabilitation Program.

29.             Ratify and approve an amendment to Agreement No. 23493 with EBA Engineering to increase the contingency amount to $86,322 for construction quality assurance services for the Visalia Landfill Phase 2 Expansion Project, retroactive to November 11, 2008 . Find that the Board had authority to enter into the proposed amendment to the agreement as of November 11, 2008, and that it was in the County's best interest to enter into the amendment to the agreement on that date.

30.             Provide financial assurance for closure costs for the Orosi Landfill by establishing a liability account in the Solid Waste Enterprise Fund. Provide financial assurance for postclosure maintenance and corrective action for the Orosi Landfill in the form of a Pledge of Revenue Agreement. Approve the Pledge of Revenue Agreement establishing financial assurance for postclosure maintenance and corrective action of the Orosi Landfill.

 

 

 

 

Sheriff/Coroner

31.             Ratify and approve a Memorandum of Understanding between the Tulare County Sheriff's Department and the United States Marshals Service Eastern District of California to establish a Multi-agency Fugitive Task Force for fugitive investigations, retroactive to January 20, 2009 and to remain in effect indefinitely. Find that the Board had the authority to enter into the proposed agreement as of January 20, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Treasurer/Tax Collector

32.             Approve the addendum to the "Authorized Investment Instruments" section of the Treasurer/Tax Collector's Statement of Investment Policy for Fiscal Year 2008/2009, pursuant to Government Code Section 53646.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

33.             Recognize the Resource Management Agency/Support Services/Facilities Management Division for receiving the CCFSA 2008 Award of Excellence.

34.             Request from Resource Management Agency to consider temporary receivership of the Seville Water Company and to take any necessary actions related thereto.

35.             Request from Human Resources & Development to affirm that the County and SEIU have reached an agreement on the layoffs of the Health & Human Services Agency employees. Accept recommendations on the agreement that will be presented verbally and approve implementation of the agreement; OR Provide an opportunity for representatives of SEIU to discuss their final proposal and comment on the County recommendations; OR Resolve the impasse and unilaterally adopt the County proposal presented to SEIU regarding impacts to employees laid off in the Health & Human Services Agency, resulting from the closure of two clinics and reduction in funding.

36.             Request from County Administrative Office to introduce and waive the first reading of an uncodified Urgency Ordinance amending Tulare County Ordinance No. 652 pertaining to the extension of the expiration date of the existing Southern California Gas Company franchise to February 28, 2010. (majority vote) Find that based on the evidence before the Board, disruption of the orderly operation of the gas franchise in Tulare County will adversely affect the public peace, health and safety within Tulare County. Adopt an uncodified Urgency Ordinance extending the expiration date of the existing gas franchise of Gas Company to midnight on February 28, 2010. (4/5ths vote)

(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

Fire hazard abatement cost recovery - accounting for costs, recording, and placing on tax roll as special assessments against respective parcels of land. Board of Supervisors' Agenda Item, February 24, 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

Appeal of Zoning Administrator Decision Number 3002 denying Zone Variance Number PZV 08-027 (ZA) requested by Robert J. Owen to allow a home-site parcel (.37 acres) from an original parcel (4.70 acres) containing less acreage than required in the AE-10 Zone on property south of Porterville. Board of Supervisors Agenda Item, February 24, 2009.

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

Urgency Ordinance extending franchise with Southern California Gas Company. Board of Supervisors Agenda Item, February 24, 2009.

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: 2

Consider temporary receivership of Seville Water Company. Board of Supervisors Agenda Item, February 24, 2009.

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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: County of Tulare v. City of Tulare, et al

Tulare County Superior Court Case Number 09-231275

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM H

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 I

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 J

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 4

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Lara, Marissa v County of Tulare

Tulare County Superior Court Case Number 08-228923

Next Item(s) Sitting as...

ITEM L

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 M

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 N

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 ElectedNext Item(s) Sitt