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


 

March 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.                  Recognize Tony Forner upon his retirement from Resource Management Agency for his 38 years of County Service.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to deny 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 5 through 18)

 

 

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

5.                  Appoint Edward Dias to the Tulare County Planning Commission, Member At-Large for a term ending December 31, 2012.

6.                  Approve sending a letter to Governor Arnold Schwarzenegger urging him to accept the concepts outlined in the Delta Vision Strategic Plan that is based on two co-equal goals: 1) Restore the Delta Ecosystem; and 2) Create a more reliable water supply for California.

Health & Human Services Agency

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

8.                  Ratify and approve an agreement with Community Services and Employment Training Inc. in the amount of $675,637 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.

9.                  Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Workforce Education and Training request for remaining funds for planning and early implementation activities to the State Department of Mental Health; and accept the remaining funding of $56,946 upon approval of the Workforce Education and Training request. Approve the necessary budget adjustments. (4/5ths vote)

10.             Approve the establishment of a fixed asset line in the amount of $54,537.37 for the installation, wiring costs and the building permit fee for the 194 KW Diesel Driven Generator for back-up power for the Tulare County Fire Department, Emergency Operation Center. Approve the necessary budget adjustments. (4/5ths vote)

Information Technology

11.             Approve the fixed-asset purchase of an Uninterruptable Power Supply in the amount of $16,765 for use in the Sheriff's Data Center utilizing existing Western States Contracting Alliance (WSCA) contracts. Authorize the County Purchasing Agent to execute all purchase orders and agreements necessary to complete the purchase and installation. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

12.             Adopt the Revision of Mileage of Maintained County Roads identifying that Tulare County's maintained mileage is 3,045.77 miles as of December 31, 2008. Direct the Clerk of the Board to return to Resource Management Agency a certified copy of the Resolution to be filed with Caltrans.

13.             Ratify and approve an amendment to Agreement No. 22618 with URS Corporation for the design of the new entrance facility at the Visalia Landfill, retroactive to February 1, 2009 through January 31, 2011. Find that the Board had authority to enter into the proposed amendment to the agreement as of February 1, 2009 and that it was in the County's best interest to enter into the agreement on that date. Approve the completion of the design of the new Visalia Landfill entrance facility without the covered recycling facility.

14.             Approve a Lease Agreement with the Tulare County Superintendent of Schools to establish a monthly rental payment of $5,085 per month for use of the facility located at 1105 South "O" Street in the City of Tulare. Authorize the transfer of the building(s) situated at 1105 South "O" Street in the City of Tulare to become the property of the County as mutually agreed upon by the County of Tulare and Tulare County Superintendent of Schools and as reflected by the termination of Lease Agreement No. 14973 entered into February 16, 1988, with the term commencing August 24, 1988 and terminating August 23, 2008.

15.             Approve the Cooperative Agreement with the City of Visalia for the County to acquire right of way in the City of Visalia for the Road 108 Widening Project.

16.             Approve an agreement for Purchase of Property and Temporary Construction Easement from the Marc W. Isaak Living Trust and the Joel and Judith Isaak Living Trust for the Road 80 Widening Project in the amount of $4,700. 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 $5,500 in favor of Chicago Title Company.

 

17.             Approve termination of Agreement No. 22151 with PK Sale LLC to terminate the lease at 303 E. Olive Avenue in the City of Porterville. Authorize the Resource Management Agency Director, or his designee, to send a 90 day Notice of Termination. Authorize the County's Auditor to release payment for the agreed upon closeout costs to PK Sale LLC, or any subsequent owner of record, upon request by RMA, prior to the date of termination.

Sheriff/Coroner

18.             Authorize the submission of a grant application to the California Department of Alcoholic Beverage Control to enhance its enforcement of alcoholic beverage laws in the County.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

19.             Presentation given by Resource Management Agency regarding the FEMA Flood Insurance Rate Map revisions and its effects on areas in Tulare County.

20.             Request from County Administrative Office to review and accept the Countywide Facility Program Masterplan Phase 1. Direct staff to continue planning and begin implementation activities as required to support future CEQA, design and construction activities both for a new Civic Center and Countywide. Direct staff to continue with Phases 2 & 3 of the Countywide Facility Program Masterplan (8 additional departments over the next two fiscal years).

21.             Presentation given by the Auditor-Controller/Treasurer-Tax Collector regarding an update on Tulare County Cash Flow.

 

 

 

 

 

 

 

 

 

 

 

 

(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: 2

Appeal of Zoning Administrator's 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, March 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:

Termination of Agreement Number 22151 with PK Sale LLC pertaining to County lease of property at 303 E. Olive Avenue in the City of Porterville. Board of Supervisors Agenda Item, March 24, 2009.

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: County of Sacramento v. State of California, et al

Superior Court of the State of California, County of Sacramento Case Number 34-2009-80000164-CU-WM-GDS

Next Item(s) Sitting as...

ITEM D

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 E

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...