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 21, 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 David Whaley upon his retirement for 34 years of County service with the Sheriff's Department.

2.                  Proclamation presentation honoring the Assistance Service Dog Educational Center for its efforts in education and community service.

3.                  Request from District Attorney to declare April 26 - May 2, 2009 as National Crime Victims' Rights Week.


4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from County Administrative Office to declare the construction of a replacement facility for Fire Station #1 - Visalia a project. At the time set for hearing, take the following actions: Certify that your Board has reviewed and considered the information contained in the Mitigated Negative Declaration prepared for the proposed project; Find that said project will have a less than significant effect on the environment; Direct the Clerk of the Board to file the Notice of Determination for the Mitigated Negative Declaration with the Clerk/Recorder. Approve an agreement with Chas Rhoads Architecture in the amount of $164,000 for the completion of biddable plans and specifications for the replacement facility for Fire Station #1, and the completion of prototype bid documents for both a two bay and three bay fire stations.

7.                  PUBLIC HEARING: Request from Resource Management Agency to receive, consider, approve and issue a written report from the Tulare County Resource Management Agency describing the measures taken by Tulare County to alleviate the condition which led to the adoption of Tulare County Ordinance No. 3383. Pursuant to Government Code 65858, consider the proposed extension of Tulare County Ordinance No. 3383, the Interim Zoning Ordinance prohibiting the establishment of special event venues (Assemblage of People for educational or entertainment purposes) for an additional twenty-two (22) months and fifteen (15) days in the unincorporated areas of the County of Tulare. Adoption of this extension shall require a four-fifths vote. Upon adoption of the extension of the proposed ordinance, approve the summary of the ordinance and direct the Clerk of the Board of Supervisors to publish the summary of the adopted interim ordinance within five (5) days and post a certified copy of the complete ordinance within fifteen (15) days in accordance with the law.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 42)

 

 

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.

 

Auditor-Controller/Registrar of Voters

8.                  Approve the necessary budget adjustment for the Elections Division of the Auditor's office due to the extra expenses for the Special Statewide Election on May 19, 2009. (4/5ths vote)

Board of Supervisors

9.                  Ratify the following Proclamations: Honoring Sherry Turner upon her retirement and Recognizing F. Ophelia Fisher Burtner 2009 Common Threads Awards recipient.

10.             Reappoint Martin Mittman to the Tulare County Pest Control District for a term ending April 23, 2013.

County Administrative Office

11.             Ratify actions taken by the County Administrative Officer during the month of March, 2009.

District Attorney

12.             Authorize submission of an application for Recovery Act: Edward Byrne Memorial Competitive Grant Program funding to the U.S. Bureau of Justice Assistance, for Category III: Reducing Mortgage Fraud and Crime Related to Vacant Properties.

13.             Authorize submission of an application for Recovery Act: Edward Byrne Memorial Competitive Grant Program funding to the U.S. Bureau of Justice Assistance, for Category IV: Hiring of Civilian Staff in Law Enforcement Agencies.

14.             Authorize submission of an application for Recovery Act: Edward Byrne Memorial Competitive Grant Program funding to the U.S. Bureau of Justice Assistance, for Category VI: Improving Resources and Services for Victims of Crime.

15.             Authorize submission of a grant application for the Violence Against Women, Vertical Prosecution Program through the California Emergency Management Agency.

16.             Approve the necessary budget adjustments for the external evaluation of the Office Community Oriented Policing Services (COPS) Methamphetamine Initiative Grant. (4/5ths vote)

Fire Department

17.             Approve an agreement to donate used fire protection equipment to the Tulare/Kings Fire Chiefs Association as specified in Exhibit "A" of the agreement.

18.             Ratify and approve an agreement with Cal Fire for Amador Staffing at Badger Forest Fire Station retroactive to December 1, 2008 through April 19, 2009. Find that the Board had the 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.

Health & Human Services Agency

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


20.             Ratify and approve an amendment to Agreement No. 20820 with the California Department of Public Health for the AIDS Drug Assistance Program to provide assistance to HIV Positive/AIDS clients for AIDS drugs that are not covered by insurance or other means. 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.

21.             Ratify and approve an amendment to Agreement No. 23013 with the California State University, Fresno Foundation for the Central California Regional Obesity Prevention Project to create changes in our environments that support healthy eating and active living, retroactive to July 1, 2006 through December 31, 2008. Find that the Board had authority to enter into the proposed agreement as of July 1, 2006 and that it was in the County's best interest to enter into the agreement on that date.

22.             Ratify and approve an amendment to Agreement No. 23177 with the California Department of Public Health for the Children's Dental Disease Prevention Program to provide oral health education and prevention to students in Tulare County, retroactive to July 1, 2008 through June 30, 2010. 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.

23.             Ratify and approve the Memorandum of Understanding with Kaweah Delta Medical Center Diabetes Center to increase client access to Diabetic services, retroactive to December 1, 2008 through November 30, 2011. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of December 1, 2008 and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

24.             Ratify and accept the award of $37,775 from the California Department of Public Health, Tuberculosis Control Branch, to support Tuberculosis prevention and control, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to accept the award as of July 1, 2008 and that it was in the County's best interest to accept the award on that date.

25.             Approve the Tulare County System Improvement Plan, which is part of Assembly Bill 636, better known as the California's Child Welfare System Improvement and Accountability Act of 2001 to improve outcomes for children and authorize the Tulare County Health and Human Services Agency and the Tulare County Probation Department to sign the System Improvement Plan and submit the proposed Tulare County System Improvement Plan to the California Department of Social Services.

26.             Authorize the Tulare County Director of Mental Health to sign the Supplemental Mental Health Services Act Housing Program Assignment Agreement and submit it to the State Department of Mental Health to provide funding for the development of permanent supportive housing for individuals with serious mental illness and their families.

27.             Authorize the Tulare County Health and Human Services Agency to apply for $2,500 in Department of Health and Human Services, Food and Drug Administration Funds from the Pacific Region Retail Food Cooperative Program to purchase equipment to alleviate identified risk factors in the prevention of food borne illness.


Probation

28.             Authorize submission of two Category II grant applications to the U.S. Department of Justice, Office of Justice Programs, Edward Byrne Memorial Competitive Grant Program for the period of October 1, 2009 through September 30, 2011. One grant application is for the Juvenile Reentry Program and one is for a Female Day Reporting Program. Authorize the Chairman to sign the required General Certification as to Requirements for Receipt of Funds for Infrastructure Investments. Authorize the Chairman to sign the required Certification as to Recovery Act Reporting Requirements.

Resource Management Agency

29.             Approve an amendment to Agreement No. 23666 with Lee's Paving, Inc. for Construction of Road 80 from Avenue 304 to North of Avenue 328 to increase contract amount by $139,654.40 from $7,855,277 to $7,994,931.40 to include improvements to the railroad crossing on Road 80 north of Avenue 304.

30.             Consent to the City of Porterville's acquisition of property located in Tulare County's jurisdiction along the northerly side of Castle Avenue (Avenue 168) from west of Salisbury Street to west of Mathew Street (Road 164), for maintenance and operation of City road improvements.

31.             Approve a Cooperative Agreement with the City of Delano to rehabilitate County Line Road (Avenue 0) from High Street to Browning Road for a distance of 1.65 miles.

32.             Approve an agreement for Purchase of Property from Leonor H. Longoria for the Road 80 Widening Project in the amount of $240,000. Approve "Spend to Get" relocation benefits in the amount of: Up to $39,900 for replacement housing; Up to $3,000 for moving expenses; Up to $5,000 for closing costs including loan fees for replacement property. Authorize County Counsel to sign the Grant Deed 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 $289,400 in favor of Chicago Title Company.

33.             Approve an agreement with the Lindsay-Strathmore Irrigation District and Strathmore Public Utility District, for the transfer and conveyance of water. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

34.             Approve an amendment to Lease Agreement No. 18196 with C&J Commercial Properties to extend the term of the agreement for property located at 3350 S. Fairway in the City of Visalia upon approval by the Board and shall expire one (1) year thereafter.

35.             Adopt the Negative Declaration for the Earlimart Landfill Closure Project in compliance with the California Environmental Quality Act. Authorize the Chairman of the Board of Supervisors to sign the Notice of Determination. Direct the Clerk of the Board to return the signed Notice of Determination to the Resource Management Agency for final filing with the County Clerk.

36.             Approve an agreement with the Delano-Earlimart Irrigation District and Styrotek, Inc., for the transfer and conveyance of water. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

Retirement

37.             Adopt the recommended employer and employee retirement contribution rates from Tulare County Employees' Retirement Association's actuary effective with the first pay period of Fiscal Year 2009/2010 (pay period 15 of 2009).

Sheriff/Coroner

38.             Authorize submission of an application to the U.S. Department of Justice under the Edward Byrne Memorial Competitive Grant Program, Category I: Comprehensive Community-based Data Driven Approaches to Preventing and Reducing Violent Crime. Authorize the Chairman to sign the Certification forms for the application.

39.             Authorize submission of an online application to the Office of Community Oriented Policing Services division of the U.S. Department of Justice for a Community Oriented Policing Services (COPS) Secure Our Schools grant.

40.             Approve and authorize a Personnel Resolution to adopt a Class Designation and Specifications for Vocational Building Construction Instructor, effective May 1, 2009. Approve and authorize a Personnel Resolution to increase the position allocation of the Sheriff's Department by adding one Vocational Building Construction Instructor, effective May 1, 2009. Approve the necessary budget adjustments. (4/5ths vote)

41.             Ratify and approve an amendment to Agreement No. 23774 with California Emergency Management Agency for the Tulare County Sexual Assault Felony Enforcement Program, retroactive to July 1, 2008, through June 30, 2010. Ratify and approve an amendment to Agreement No. 23093 with Family Services of Tulare County to provide services for the Sexual Assault Felony Enforcement Program from July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed amendments as of July 1, 2008 and that it was in the County's best interest to enter into the amendments on that date. Approve the necessary budget adjustments. (4/5ths vote)

Superior Court

42.             Proclaim May 11 - 15, 2009 as Juror Appreciation Week in Tulare County.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

43.             Request from Auditor-Controller/Treasurer Tax Collector to authorize the issuance of Tax and Revenue Anticipation Notes for Fiscal Year 2009/2010. Approve in form the Note Participation Purchase Agreement.


44.             Request from Resource Management Agency to deny General Plan Initiation No. GPI 06-005 to proceed as an application for a General Plan Amendment which would change the land use designation on a portion of Assessor's Parcel Number 119-021-007 from Agriculture to Local Retail Commercial and rezone the subject parcel from AE-20 (Exclusive Agricultural - 20 acre minimum) Zone to C-1 (Neighborhood Commercial) Zone. The subject parcel is located on the north side of Avenue 280 (Caldwell Avenue), approximately 1/4 mile east of State Highway 99, and 1 1/2 miles west of the City of Visalia.

45.             Request from Resource Management Agency to approve and award an agreement for Job Order Contracting for Construction Services to Velis Engineering, Inc., 1929 Industrial Way, Sanger, CA and authorize the Chairman to sign the Agreement upon receipt of approved certificates of insurance, bonds, evidence that the Contractor possesses a valid State contractor's license, and upon approval as to form by County Counsel. Authorize the Resource Management Agency Director, or his designee, and the Senior Capital Projects Coordinator, or his designee, to act as the Project Managers in executing individual Job Orders. Authorize the Purchasing Agent to execute all documentation, agreements, etc. required to implement individual Job Orders under this Agreement. Require that individual Projects/Job orders that exceed the Purchasing Agent's authority will be brought back to your Board for approval prior to commencing.

46.             Request from Resource Management Agency to approve the Measure R Program Supplement to Cooperative Agreement for the Right of Way and Plan, Specification and Estimate Phase of the Road 108 Widening Project in the amount of $3,900,000.

(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

Requests from County Administrative Office to declare the consent of a replacement facility for Fire Station #1 - Visalia. Board of Supervisors Agenda Item, April 21, 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: 1

Extension of Tulare County Ordinance No. 3383, the Interim Zoning Ordinance prohibiting the establishment of special event venues (Assemblage of People for educational or entertainment purposes). Board of Supervisors Agenda Item, April 21, 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

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Gonzalez, David v. Marks, et al

United States District Court Case Number 1:07-CV-00949-OWW-GSA

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Marissa Lara v. County of Tulare

Tulare County Superior Court Case Number 08-228923

Next Item(s) Sitting as...

ITEM F

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

Public Employee Relations Board Unfair Practice Charge Number SA-CE-559-M

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - PERSONNEL MATTER

Details

(Government Code Section 54957.)

Consider Public Employee Performance Evaluation for the Position of:

County Administrative Officer.

Next Item(s) Sitting as...

ITEM H

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...