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


April 7, 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.


 

 

1.                  Request from the County Librarian to Proclaim April 7, 2009 as Adult Literacy Day in Tulare County.

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 continue the Public Hearing from March 10, 2009 to certify that it has reviewed and considered the information contained in the Negative Declaration for the proposed 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, near Tagus Ranch, 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, together with any comments received during the public review process in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, prior to taking action on the Change of Zone. Find that there is no substantial evidence that said Change of Zone will have a significant effect on the environment and determine that the Negative Declaration reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the implementation of the California Environmental Quality Act of 1970, as amended. Adopt the findings for approval for the Change of Zone, as set forth in Planning Commission Resolution No. 8415. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance. Direct the Clerk of the Board to publish the adopted Ordinance and return the signed Notice of Determination to the Resource Management Agency.

5.                  PUBLIC HEARING: Request from Resource Management Agency to receive public comment on obtaining Federal Transit Administration (FTA) Section 5311 grant funding for the following: One (1) 22-passenger Compressed Natural Gas (CNG) bus; Three (3) 24-passenger CNG buses; Two (2) 8-passenger CNG buses for Dial-A-Ride routes; and Eighteen (18) manual fare boxes for the transit fleet. Authorize the submittal of two grant applications to the State of California, Department of Transportation (Caltrans) for transit capital purchases in the amount of $180,000 and $791,792.

6.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal filed by Bill Pensar and uphold the Planning Commission's decisions as set forth in Planning Commission Resolution Nos. 8405 and 8406 for the Lemon Cove Granite Surface Mining Permit and Reclamation Plan No. PMR 03-001.

(Consent Calendar)


CONSENT CALENDAR (Number 7 through 28)

 

 

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

7.                  Ratify and approve an agreement with the California Crop Improvement Association for providing supervision of seed certification, retroactive to April 1, 2009 through March 31, 2010. Find that the Board had authority to enter into the proposed agreement as of April 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Auditor-Controller/Registrar of Voters

8.                  Approve the fixed asset purchase of the Election Information Management System in the amount of $15,000 for use in Voter Registration and Candidate filing. Authorize the Purchasing Agent to execute all purchase orders and agreements necessary to complete the purchase and installation. Approve the necessary budget adjustments. (4/5ths vote)

Board of Supervisors

9.                  Appoint Marjorie Boyer to the Tulare County Library Advisory Board as District 2 - Regular Member for a term ending December 31, 2012.

10.             Appoint Bill C. Greer to the Tulare County Library Advisory Board as District 3 - Regular Member for a term ending December 31, 2012.

11.             Appoint Bill Parker to the Tulare County Library Advisory Board as District 5 - Regular Member for a term ending December 31, 2012.

12.             Appoint Rachele Bergland Bailey to the Tulare County Library Advisory Board as Member At-Large for a term ending December 31, 2012.

District Attorney

13.             Approve an amendment to Agreement No. 23152 with the State of California, Victim Compensation and Government Claims Board, to accept an increase in the amount of $18,675 to assist victims of crime with compensation claims, retroactive to July 1, 2007 through June 30, 2009. Find that the Board had the authority to enter into the proposed amendment as of July 1, 2007, 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)


14.             Ratify and approve the Grant Award Agreement with the Governor of California's Office of Emergency Services to accept continued grant funding in the amount of $54,400 or as modified, with a County match of $13,600 for the Elder Abuse Advocacy and Outreach Program for Fiscal Year 2008/2009. Find that the Board had authority to enter the proposed agreement as of July 1, 2008, and that it was in the best interest of the County to enter into the agreement on that date. Ratify and approve the Grant Award Agreement with the Governor of California's Office of Emergency Services to accept continued grant funding in the amount of $64,000, with a County match of $16,000 for the Elder Abuse Advocacy and Outreach Program for Fiscal Year 2007/2008. Find that the Board had authority to enter the proposed agreement as of July 1, 2007, and that it was in the best interest of the County 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.

15.             Ratify and approve the Grant Award Agreement with the Governor of California's Office of Emergency Services to accept continued grant funding in the amount of $258,730, or as modified, for the Victim/Witness Assistance Program for Fiscal Year 2008/2009, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter the proposed agreement as of July 1, 2008, and that it was in the best interest of the County 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.

16.             Ratify and approve the Grant Award Agreement with the Governor of California's Office of Emergency Services to accept continued grant funding in the amount of $93,500 or as modified, with a County match of $23,375 for the Special Emphasis Victim Assistance Program for Fiscal Year 2008/2009, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter the proposed agreement as of July 1, 2008, and that it was in the best interest of the County 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.

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.             Appoint Christina Jones (At-Large Member) to the Tulare County Child Care Development and Planning Council for a term ending June 30, 2010; move Mary Thomas from the Public Agency category to the Community Representative category for a term ending June 30, 2010; and accept the resignation of Edwin Ortiz-Nance (Community Representative). Direct the Clerk of the Board to recruit for the listed vacancies per the provisions of the Maddy Act.

19.             Ratify and approve an agreement with the California Department of Social Services to allow for reimbursement from the Social Security Administration to California Interim Assistance Agencies for Interim Assistance Payments, retroactive to July 1, 2008 through June 30, 2013. 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.

20.             Authorize the Tulare County Mental Health Director to sign the County Certification and submit the Mental Health Services Act, Prevention and Early Intervention Component of the Three-Year Program and Expenditure Plan to the State Department of Mental Health. Accept funding of $3,802,576 in Fiscal Year 2008/2009 and $4,329,400 in Fiscal Year 2009/2010, for a total revenue amount of $8,131,976 upon approval of the Mental Health Services Act, Prevention and Early Intervention Component of the Three-Year Program and Expenditure Plan by the State Department of Mental Health. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

21.             Authorize the submittal of two Safe Routes to School Grant applications to the State of California (Caltrans) to construct curb, gutter and sidewalks in the amount of $521,730 in the Community of Earlimart and $610,995 in the Community of Pixley.

22.             Set a Public Hearing for April 28, 2009 at 9:30 a.m., or thereafter, to consider the intent to vacate Road 128 between Avenue 136 and Avenue 144 southeast of the community of Tipton. Direct the Resource Management Agency to publish and post the Notice of public hearing in accordance with the Streets and Highways Code.

23.             Approve the Road Maintenance Agreement with the City of Lindsay for operation and maintenance of roads located in the County's jurisdiction to include: Avenue 232 (Tulare Road) from the existing city limits approximately 1,503 feet west of Road 228 (Strathmore Avenue) to Road 228 (Strathmore Avenue); Road 228 (Strathmore Avenue) from Avenue 232 (Tulare Road) to Avenue 234 alignment; and Road 214 (Sequoia Avenue) from Avenue 236 (Hickory Street) to Avenue 238 (Fir Street).

24.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from 27210 Road 108 LLC, a California Limited Liability Company for the Road 108 Widening Project in the amount of $225,000 subject to approval as to form by County Counsel. 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, sign all documents relating to the Relocation Benefits. Direct the Auditor to draw a warrant in the amount of $225,800 in favor of Chicago Title Company. Direct the Auditor to draw a warrant up to the amount of $26,451 in favor of the tenant, Charles Ray, upon request of Resource Management Agency.

25.             Authorize the filing of Notices of Partial Non-renewal for thirteen (13) 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 04-006 - Williamson Act Contract No. 09183, Ag Preserve 03154, west of Dinuba (Jackson) (1.49 acres from 85.99 acres)

PNR 04-030 - Williamson Act Contract No. 03649, Ag Preserve 00789, northwest of Tipton (Tristao) (1.49 acres from 160.42 acres)

PNR 07-008 - Williamson Act Contract No. 04785, Ag Preserve 01463, southwest of Visalia (Miller) (1.63 acres from 239.57 acres)

PNR 07-010 - Williamson Act Contract No. 06240, Ag Preserve 02020, northwest of Dinuba (Long) (1.73 acres from 19.55 acres)

PNR 07-012 - Williamson Act Contract No. 10821, Ag Preserve 03719, northwest of Lemon Cove (Wohlford) (1.50 acres from 38.04 acres)

PNR 07-015 - Williamson Act Contract No. 07319, Ag Preserve 01439, northeast of Orosi (Kuykendall) (1.01 acres from 39.70 acres)

PNR 07-019 - Williamson Act Contract No. 04123, Ag Preserve 01024, south of Ivanhoe (Brady) (2.66 acres from 67.04 acres)

PNR 07-020 - Williamson Act Contract No. 07029, Ag Preserve 02395, northeast of Earlimart (Bal, Singh, Kaur, Nijjar) (1.49 acres from 178.06 acres)

PNR 07-021 - Williamson Act Contract No. 10128, Ag Preserve 01859, east of Kingsburg (Swenning) (1.73 acres from 264.04 acres)

PNR 07-022 - Williamson Act Contract No. 03094, Ag Preserve 00479, southwest of Exeter (Rodriguez, Stout) (1.29 acres from 332.98 acres)

PNR 07-023 - Williamson Act Contract No. 08290, Ag Preserve 02882, southeast of Tulare (Presley) (1.49 acres from 160 acres)

PNR 07-027 - Williamson Act Contract No. 05144, Ag Preserve 01383, southwest of Dinuba (Adolph) (1.01 acres from 18.93 acres)

PNR 07-029 - Williamson Act Contract No. 04863, Ag Preserve 01635, east of Dinuba (Mittry) (1.64 acres from 38.62 acres)

 

26.             Approve a proclamation declaring the month of April as Fair Housing Month in the County of Tulare.

Sheriff/Coroner

27.             Authorize the submission of a grant application to the Community Oriented Policing Services (COPS) division of the U.S. Department of Justice for a COPS Hiring Recovery Program grant.

28.             Authorize the fixed asset purchase of a Forklift in the amount of $19,500 to be used for the Inmate Programs Division, purchased with funds from the Inmate Welfare Fund. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

29.             Request from District Attorney to approve the Recovery Act: Edward Byrne Memorial Justice Assistance Grant Formula Program, Single Joint Application, in the amount of $1,170,789, through the U.S. Bureau of Justice Assistance. Authorize the Board Chairman to sign the Memorandum of Understanding between the County of Tulare and cities of Visalia, Tulare, Porterville, Dinuba, Exeter, Lindsay, Woodlake, and Farmersville regarding the distribution and use of Recovery Act Justice Assistance Grant funds, for the period of June 1, 2009 through June 30, 2011, subject to approval as to form by County Counsel.

30.             Request from the Fire Department to approve discontinuing Fire Department Priority 2 Emergency Medical Services responses to areas immediately adjacent to cities which experience rapid ambulance response times, effective May 1, 2009. Confirm the Fire Chief's authority to evaluate and modify the Fire Department's response to all lower level Priority 3-8 calls throughout the County protected areas.

31.             Request from Resource Management Agency to present a report on the current status of the Tulare County Williamson Act Program.

(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

Change of Zone PZ 08-010 from AE-40 to AE-20 on a 187.94 acre site near Targus Ranch, Dr. Sarjit Malli. Board of Supervisors Agenda Item, April 7, 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

Lemon Cove Granite Surface Mining Permit and Reclamation Plan Number PMR 03-001. Appeal filed by Bill Pensar. Board of Supervisors Agenda Item, April 7, 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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

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

Tulare County Superior Court Case Number 08-227661

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Service Employees International Union Local 521 v. County of Tulare

Unfair Practice Charge Number SA-CE-559-M

Next Item(s) Sitting as...

ITEM F

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...