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 M. 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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

June 16, 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.                  Public Comments.

2.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal filed by Jan Kahn of Kahn, Soares, & Conway for Mike Ribeiro for Special Use Permit No. PSP 05-060 to construct and operate a new dairy to accommodate a maximum of 2,637 total animal units (3,200 Jersey milk cows plus support stock). The subject site is located on the south side of Avenue 164 between Road 120 and Road 124, approximately 1 mile northeast of Tipton in Tulare County. Uphold the Planning Commission's Resolution No. 8427 (certification of the Final Environmental Impact Report, Adoption of a Mitigation Monitoring Plan and Statement of Overriding Considerations) and Resolution No. 8428 for the approval of the FM Jerseys Dairy Special Use Permit No. 05-060. Direct staff to file a new Notice of Determination as required by State law.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 34)

 

 

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

4.                  Approve an agreement with the California Department of Food & Agriculture for the survey and detection of Red Imported Fire Ants, effective July 1, 2009 through June 30, 2010.

5.                  Approve an agreement with the California Department of Food and Agriculture for the purpose of regulating maturity and freeze damage of all oranges, lemons and mandarins being produced and/or processed in the County, effective July 1, 2009 through June 30, 2010.

Auditor-Controller/Registrar of Voters

6.                  Review and accept the Certified Statement of Vote as submitted by the Registrar of Voters for those Measures for which the Board of Supervisors is the Governing Body.

Board of Supervisors

7.                  Ratify the following Proclamations: Honoring Teddy Wong for his Longstanding Community Efforts in Tulare County; Honoring Natasha Efseaff for her Efforts in Education; Patrick Delgado for his Efforts in Education; Honoring Reece Jacob Miller for Earning the Rank of Eagle Scout; and Honoring John Beck upon his Retirement from the Tulare City School District.

8.                  Reappoint Guy M. Christian to the In-Home Supportive Services as Member At-Large, Seat 9 for a term ending June 30, 2012.

9.                  Reappoint Ed Murray to the Fish and Game Commission, District One Representative for a term ending September 4, 2010.

10.             Approve sending a letter of opposition to Senate Bill 787, which would eliminate the word "navigable" from the definition of "waters of the United States."

County Counsel

11.             Approve the Conflict of Interest Codes for the following agencies: Lindsay-Strathmore Public Cemetery; Lindsay Unified School District; Tulare Veteran's Memorial District; Tulare County Public Law Library; and Tulare County Child Care Planning Council.

County Administrative Office

12.             Approve the Memorandum of Understanding between Tulare County Superior Court and the County of Tulare for 2009/2010 for providing a variety of services to the Courts.

13.             Ratify actions taken by the County Administrative Officer during the month of May 2009 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

14.             Authorize the County Administrative Officer or his designees to suspend or/and cancel Board Contracts, Vendor Agreements and Purchasing Agent Agreements. Direct the County Administrative Officer to report all cancellations through the County Administrative Delegation Report.

District Attorney

15.             Approve an agreement with the State of California, Victim Compensation and Government Claims Board for the Victim Compensation and Government Claims Program in the amount of $518,727 to ensure that procedures are appropriately established to verify, file and adjudicate claims for the un-reimbursed financial losses for victims of crime, effective July 1, 2009 through June 30, 2012.

16.             Approve an agreement with the State of California, Victim Compensation and Government Claims Board for the Revolving Fund to pay victim expenses on an emergency basis, effective July 1, 2009 through June 20, 2011.

17.             Approve an agreement with the State of California, Victim Compensation and Government Claims Board for the Restitution and Recovery Program in the amount of $85,000, effective July 1, 2009 through June 30, 2010.

Health & Human Services Agency

18.             Approve a request to rescind the Declaration of Emergency for the Tulare County H1N1 Swine Influenza outbreak that was adopted May 5, 2009 with Resolution No. 2009-0332.

 

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. 19959 with Kaweah Delta Health Care District effective July 1, 2008 through June 30, 2009 for the provision of mental health services consisting of 24-hour medically necessary acute psychiatric inpatient care, special treatment services, and crisis stabilization to Tulare County residents from Kaweah Delta Mental Health Hospital, to update the Rate Structure listed Paragraph 4.1, retroactive to July 1, 2008 through June 30, 2009.

21.             Ratify and approve an agreement with the California State University, Fresno Foundation to renew the Central California Regional Obesity Prevention Program to create changes in our environment that support healthy eating and active living, for the period January 1, 2009 through June 30, 2010.

22.             Approve the renewal agreement with the State Water Resources Control Board for funding the Local Oversight Program (LOP) that provides for local oversight of the investigation and remediation of leaking underground storage tanks in Tulare County from July 1, 2009 through June 30, 2010.

23.             Approve a renewal agreement with the Department of Health Care Services for the Medi-Cal Administrative Activities (MAA) Program to improve the availability and accessibility of Medi-Cal Services to Medi-Cal eligible and potentially eligible individuals and their families, from July 1, 2009 through June 30, 2012.

24.             Approve a Memorandum of Understanding with the Tulare County Office of Education to receive funds in the amount of $177,578 for the continued provision of mental health services to Special Education Pupils pursuant to the requirements of Assembly Bill 3632 from July 1, 2009 through June 30, 2010.

Information Technology

25.             Approve the Fixed Asset purchase of a Cisco 7204 Router at a cost not to exceed $27,030. Additionally, direct the purchase of Smart Net maintenance for the Router in the amount of $4,074. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

26.             Amend Resolution No. 2004-0294 to extend the policies and procedures that govern the processing of Zone Change Requests, until such time as they can be addressed after the General Plan Update has been adopted.

27.             Approve an Amendment to Agreement No. 17916 with the Lifestar Ambulance for lease of a portion of the premises situated at 200 N. Park Drive in the City of Pixley, also known as Pixley Fire Station.

 

 

28.             Approve an agreement for Purchase of Real Property/Right of Way, a Temporary Construction Easement and a Pipeline Easement from Basilio G. Arias and Rachel T. Arias for the Road 80 Widening Project in the amount of $53,000. Authorize County Counsel to sign the Grant Deed, Temporary Construction Easement and Pipeline Easement acceptances upon presentation. Authorize the Resource Management Agency Director, or designee, to open an escrow, sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $53,800 in favor of Chicago Title Company.

29.             Approve an agreement for Purchase of Real Property/Right of Way and a Temporary Construction Easement from Steven D. Koobatian and Karin B. Koobatian for the Road 80 Widening Project in the amount of $4,800. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation. Authorize the Resource Management Agency Director, or designee, to open an escrow, sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $5,600 in favor of Chicago Title Company.

30.             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 09-002, from General Commercial/Site Plan Review (C-2-SR) to High Density Residential (R-3) Zone on 4.57 acres (APN 107-162-032) located at the southwest corner of Avenue 327 and State Route 216 (Road 160) in Ivanhoe. Set the Public Hearing for June 30, 2009 at 9:30 a.m.

31.             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 08-004, from A-1 (Agricultural) to R-1 (Single-Family Residential) on 31.37 acres and R-2 (Two-Family Residential) Zone on 6.03 acres of a 37.4-acre parcel located at the southwest corner of Avenue 312 and the Road 72 alignment in Goshen (APN 075-170-031). Set the Public Hearing for June 30, 2009 at 9:30 a.m.

Sheriff/Coroner

32.             Approve an amendment to Agreement No. 23671 with the California Emergency Management Agency for extending the term for a Regional Anti-Gang Intelligence-Led Policing Program through December 31, 2009.

Treasurer/Tax Collector

33.             Approve an amendment to Agreement No. 23649 with the Tulare County Superior Court to establish two bank accounts by the County Treasurer's Office. The first account is to help facilitate the efficient collection and distribution of fines, forfeitures, penalties, and fees by the Court. The second account provides a mechanism to earn interest on these funds.

34.             Approve the Treasurer-Tax Collector's Statement of Investment Policy for Fiscal Year 2009/2010, pursuant to Government Code Section 53646. Approve the renewal of authority to the Tulare County Treasurer-Tax Collector to invest and reinvest the funds of Tulare County and funds of other depositors in the County Treasury, pursuant to Government Code Section 27000.1.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

35.             Request from the Board of Supervisors to establish a procedure for the Board to follow when appointing At-Large Members to the Tulare County Planning Commission.

36.             Request from the County Administrative Office to approve Administrative Regulation 37 regarding a revised policy for accepting gifts and donations to the County and the distribution of tickets or passes by the County.

(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

RMA request denial of Appeal filed by Jan Kahn of Kahn, Soares & Conway on behalf of Mike Riberio. See Board of Supervisor Agenda June 16, 2009.

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: 1055 W. Henderson, Porterville, CA and 1061 W. Henderson, Porterville, CA

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Andy Mangano and Ennis Commercial Properties

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: 303 E. Olive, Porterville, CA

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: PK Sales LLC c/o Kimco Realty

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: APN 030-120-062

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Scott Peacock and Lynda Peacock

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: APN 030-080-013, APN 030-090-010

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Paul Enns and Ruth Enns

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: APN 047-010-034

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Celso Avendano and Maria Avendano

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: APN 030-080-014

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Pedro Castrejon and Maria Castrejon

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Ribera v. County of Tulare, Steven Sunderland

Tulare County Superior Court Case Number 09-232706

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Abel Villagran v. County of Tulare, et al

Tulare County Superior Court Case Number 08-229399

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

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

Tulare County Superior Court Case Number 07-225512

 

 

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

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

United States District Court Case Number 1:09-CV-00115-AWI-GSA

Next Item(s) Sitting as...

ITEM L

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Lonnie and Gayle Willis v. County of Tulare, et al

Tulare County Superior Court Case Number 09-231270

Next Item(s) Sitting as...

ITEM M

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: John Stephens v. County of Tulare

Workers' Compensation Appeals Board Claim Number ADJ3247826

Next Item(s) Sitting as...

ITEM N

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Service Employees International Union Local 521

Unfair Practice Charge Number SA-CE-559-M

Next Item(s) Sitting as...

ITEM O

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 P

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...

Sitting as the Tulare County IHSS Public Authority Board

ITEM Q

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...