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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

July 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.


(Public Comment Period)

 

1.                  Recognition of Tulare County Employees who have been selected by their respective departments to be honored in the Employee Recognition Program. Announce and select the Tulare County Employee of the Year for 2008.

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 approve an application for funding from the State Department of Housing and Community Development 2009 Community Development Block Grant (CDBG) General Allocation. Review and approve submittal of the application for up to $800,000 in funding to be distributed as follows: General Program Administration, $60,000; Multi-Family Rehabilitation, $330,000; Public Improvements in Support of Housing New Construction, $370,000; and Set-Aside Public Improvement Project, $40,000. Determine that Citizen Participation requirements were met during the development of the application. Approve the use of Local Leverage Funding Sources in the amount of $337,700 to be used as the County's leverage for the application: Tulare County Redevelopment Agency, $325,200; and Staff In-kind, $12,500. Approve the commitment of CDBG Program Income in an amount up to $500,000 for the activities proposed in the application. Approve a Subrecipient Agreement with Self-Help Enterprises. Approve a Subrecipient Agreement with Ivanhoe Public Utilities District. Authorize and direct the Chairman of the Board to sign the completed application and accompanying documents on behalf of the County. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this application. Authorize and direct the Chairman of the Board of Supervisors to enter into and sign the Standard Agreement, and any subsequent amendments thereto, with the State of California for the purpose of this grant, subject to County Counsel review and approval as to form. Authorize and direct the Resource Management Agency Assistant Director of Community & Development Services or Manager of the Community Development and Redevelopment Division to sign Funds Requests and other required reporting forms. Review and receive public comment on the CDBG Annual Grantee Performance Reports for Grant Nos. 06-STBG-2598, 07-EDEF-3721 and Program Income Revolving Loan Accounts. Approve the Annual Grantee Performance Reports and authorize the Chairman of the Board to sign the reports for submittal to Housing and Community Development. Review the 2009-2010 Project Consideration List.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

5.                  Request from Resource Management Agency to authorize commitment and expenditure of Tulare County Redevelopment Agency funds in the amount of $325,200 from the Cutler-Orosi Project Area Budget No. RO4-RO4-2000 ($130,200), Goshen Project Area Budget No. RM4-RM4-2000 ($100,000), Ivanhoe Project Area Budget No. RI4-RI4-2000 ($15,000), and Richgrove Project Area Budget No. SG4-SG4-2000 ($80,000) to be used as local leverage for the 2009 Community Development Block (CDBG) Grant Application. Find that leveraging financial resources for rehabilitation and improvement work in these communities: (a) is consistent with the adopted Redevelopment Plans; (b) implements the affected redevelopment plan by assisting in the eradication of economic blight; (c) is consistent with the current Implementation Plans adopted in 2008, pursuant to Health and Safety Code 33131 (a) and (c) and 33133; and (d) will directly benefit low- or moderate-income persons. Find that there are no other reasonable and available means of financing the local leverage for the proposed activities, and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 27)

 

 

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

6.                  Ratify the following Proclamations: Honoring 100 Years of Continuous Milk Processing by Cooperatives in Tulare County; Honoring Allan D. Fisher as Visalia Chamber of Commerce 2009 Man of the Year; Honoring Sherry Tietjens as Visalia Chamber of Commerce 2009 Woman of the Year; and Honoring the Visalia Times-Delta for 150 Years of Continuous Publication.

7.                  Approve a Resolution recognizing the importance of the Dairy Industry on a nationwide basis.

District Attorney

8.                  Ratify the submission of the application for grant funding from the California Emergency Management Agency for Victim/Witness Assistance Recovery Act - Stimulus Funding in the amount of $12, 231 for Fiscal Year 2009/2010. Ratify the Board Chairman's signature on the Face Sheet Agreement and all grant application documents necessary to secure grant funds.

Fire Department

9.                  Approve the submittal of an application for $4,460,000 in funding from the Department of Homeland Security Fire Station Construction Grant Program. Authorize and direct staff to electronically sign the completed application and accompanying documents on behalf of the County. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this application. Authorize and direct the Chairman of the Board to enter into and sign the Grant Agreement, and any subsequent amendments thereto, with the Department of Homeland Security for the purpose of this grant, subject to the review and approval as to form by County Counsel.


Health & Human Services Agency

10.             Reappoint the following individuals as Tulare County representatives to the Kings/Tulare Area Agency on Aging Advisory Council: Jacob Epperson, Seat 5A for a term ending December 10, 2010; Samuel Hurtado, Seat 1 and Cheri Taylor, Seat 4 for terms ending December 31, 2011; Kyle Melton, Seat 3 and George Patterson, Seat 5 for terms ending December 31, 2012; and Stella Ybarra, Seat 2 for a term ending December 31, 2013.

11.             Ratify and approve an amendment to Agreement No. 21997 with Turning Point of Central California, Inc. d.b.a. Turning Point Youth Services for the provision of drug and alcohol recovery and prevention services, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

12.             Ratify and approve an amendment to Agreement No. 19959 with Kaweah Delta Health Care District for the provision of mental health services from Kaweah Delta Mental Health Hospital, to update the Rate Structure listed in Paragraph 4.1 by the following: the Psychiatric Acute Hospitalization Rate is $925.00 and the Administrative Day Rate is $351.26, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

13.             Ratify and approve an amendment to Agreement No. 21259 with Braswell Enterprises, Inc. d.b.a. Sierra Vista Rehabilitation Center to provide a mental health rehabilitation program to Tulare County residents who are severely and persistently mentally disabled, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

14.             Ratify and approve an amendment to Agreement No. 21965 with Addiction Research and Treatment, Inc. d.b.a. BAART for the provision of a Drug/Medi-Cal methadone and Drug/Medi-Cal Perinatal methadone maintenance program, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

15.             Ratify and approve an agreement with Health Net of California, Inc. in the amount of $478,527 to provide and/or arrange for medical, vision, and mental health services for the Tulare Healthy Kids 6-18 Program, retroactive to December 01, 2008 through November 01, 2010. Find that the Board had authority to enter into the proposed agreement as of December 01, 2008 and that it was in the County's best interest to enter into the Agreement on that date.

16.             Ratify and approve an agreement with California State Association of Counties (CSAC) in the amount of $101,674, related to the Welfare Client Data Systems (WCDS) Consortium, for HHSA to use the CalWin application to determine the eligibility and benefit levels for multiple entitlement programs, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2009 and that it was in the County's best interest to enter into the agreement.

17.             Approve an agreement with the California Department of Health Care Services to ensure the security and privacy of Medi-Cal Personally Identifiable Information (PII).

Probation

18.             Accept the Juvenile Accountability Block Grant funds from the State of California, Corrections Standards Authority in the amount of $24,146 to offset the costs of one full-time Probation Officer III to focus on juvenile gangs and juvenile crime. Approve the Standard Agreement with the State of California, Corrections Standards Authority for the period of July 1, 2009 through June 30, 2010. Agree to provide all matching funds required for said project, and abide by the statutes and regulations governing the Juvenile Accountability Block Grant Program as well as the terms and conditions of the Grant Agreement as set forth by the Corrections Standards Authority. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Resource Management Agency

19.             Introduce and waive the first reading of an Ordinance amending Section 3-01-1120 of Article 3 of Chapter 1 of Part 3 of the Tulare County Ordinance Code pertaining to speed limits in the community of Plainview.

20.             Accept the work for construction of the Avenue 416 and Road 56 Intersection Traffic Signal Project as complete by Menefee Construction of Fowler, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

21.             Approve an agreement with State of California, Department of Transportation in the amount of $768,784 for cost reimbursement to purchase the following: three (3) 24-passenger Compressed Natural Gas buses; two (2) 8-passenger Compressed Natural Gas buses for Dial-A-Ride routes; and eighteen (18) manual fare boxes for the transit fleet.

22.             Approve an agreement for Purchase of Property/Right of Way (RW) and Temporary Construction Easement (TCE) from David A. Morris and Leona C. Morris, Trustees of the 1987 Morris Living Trust dated July 17, 1987 for the Road 80 Widening Project in the amount of $13,000. Authorize County Counsel to sign the Grant Deed and TCE acceptances upon presentation. Authorize the Resource Management Agency Director or 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 $13,800 in favor of Chicago Title Company.

23.             Approve an operating budget in the amount of $62,640 for the Seville Water Company for Fiscal Year 2009/2010. Approve the necessary budget adjustments. (4/5ths vote)

24.             Review and approve submittal of an application for funding from the Federal Department of Housing and Urban Development Neighborhood Stabilization Program 2 for $43,467,600 in funding to be distributed as follows: Administration, $3,951,600; Financing Mechanisms, $1,950,000; Purchase/Rehabilitation, $15,696,000; Landbanking, $2,975,000; and Redevelopment, $18,895,000. Determine that Citizen Participation requirements were met during the development of the application. Approve a Consortium Agreement with Corporation for Better Housing, Community Services and Employment Training (CSET), Habitat for Humanity, City of Tulare, Housing Authority of Tulare County, and Tulare County Redevelopment Agency to implement the Neighborhood Stabilization Program 2 activities within target areas throughout the County. Adopt the Neighborhood Stabilization Program 2 Program Income Reuse Plan, Anti-Displacement Policy and Relocation Plan, Acquisition/Rehabilitation Program Guidelines, Homebuyer Program Guidelines, and Redevelopment Guidelines. Approve the use of Tulare County Redevelopment Agency funds in the amount of $650,000 to be used as the County's leverage for the application. Accept the role and responsibility of the Lead Applicant for the Neighborhood Stabilization Program 2 application activities. Authorize and direct the Chairman of the Board to sign the completed application and accompanying documents on behalf of the County. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to the application. Authorize and direct the Chairman of the Board of Supervisors to enter into and sign the Standard Agreement, and any subsequent amendments thereto, with Housing and Urban Development for the purpose of the grant, subject to County Counsel approval as to form. Authorize and direct the Resource Management Agency Assistant Director of Community & Development Services or Manager of the Community Development and Redevelopment Division to sign Funds Requests and other required reporting forms.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

25.             Authorize commitment and expenditure of Tulare County Redevelopment Agency funds in the amount of $650,000 from the Pixley Project Area Budget Nos. RP3-RP3-2000 ($500,000) and RP4-RP4-2000 ($150,000) to be used as local leverage for the Neighborhood Stabilization Program 2 (NSP2) application. Find that leveraging financial resources to purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent or redevelop such properties, provide direct homeownership assistance, and housing counseling in the community of Pixley: (a) is consistent with the adopted Redevelopment Plan; (b) implements the affected redevelopment plan by assisting in the eradication of economic blight; (c) is consistent with the current Implementation Plan adopted in 2008, pursuant to Health and Safety Code 33131 (a) and (c) and 33133; and (d) will directly benefit low- or moderate-income persons. Find that there is no other reasonable and available means of financing the local match for proposed activities, and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

26.             Certify the Final Environmental Impact Report for the FM Jersey's establishment (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) located on the south side of Avenue 164 between Road 120 and Road 124, approximately one (1) mile northeast of Tipton in Tulare County. Adopt Findings for the FM Jerseys project. Adopt a statement of Overriding Considerations. Adopt a Mitigation Monitoring Plan. Approve the Special Use Permit PSP 05-060 and accept Findings within the Special Use Permit Resolution. Direct staff to file a Notice of Determination.


Sheriff/Coroner

27.             Ratify and approve an agreement with Visalia Unified School District to provide instructional services to Tulare County inmates, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had the authority to enter into the proposed agreement on July 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

28.             Request from County Administrative Office to consider, modify as needed, and approve the responses to the Tulare County Grand Jury 2008/2009 Interim Reports and authorize the Chairman to sign for the following reports: Housing Blight in Tulare County; Tulare County Indian Gaming Local Community Benefit Committee; Tulare County Registrar of Voters Elections Division; and Tulare County Sheriff Inmate Programs.

29.             Request from Resource Management Agency to approve a request from California Planning & Engineering Corporation on behalf of Halpern Industries to initiate an amendment to the Strathmore Community Plan GPI 09-002 to proceed with a General Plan Amendment application to change the land use designation of approximately 2.54 acres, APN 215-260-12 and a portion of APN 215-260-13, from High Density Residential to Service Commercial located in the Community of Strathmore on the northeast corner of Road 228 and Avenue 194.

30.             Accept a Report from the Resource Management Agency on the Tulare County Oak Woodland Conservation 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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Tellez, Natalio v. Jobe, John Henry Luther Jr. and Tulare County Sheriff's Department; Tulare County Superior Court Case Number VCU230118

Next Item(s) Sitting as...

ITEM B

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 C

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 D

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...