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 TERRA BELLA SEWER MAINTENANCE DISTRICT,

THE TULARE COUNTY FLOOD CONTROL DISTRICT, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

October 20, 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 the Resource Management Agency to continue the Public Hearing from March 24, 2009 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 .37-acre homesite 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.

4.                  PUBLIC HEARING: Request from Auditor-Controller/Treasurer-Tax Collector to review the appeal filed by Gary & Jeanne White (owners of the White Horse Inn) regarding Transient Occupancy Tax requesting that we not assess prior taxes that Gary and Jeanne White did not collect or that we remove the $1,167.70 in penalties and interest from the total amount owed. Deny the appeal and require Gary and Jeanne White to pay the total amount of taxes, penalties and interest due to the County of Tulare in the amount of $4,414.36 per Tulare County Ordinance Code Sections 1-05-1395, 1-05-1400 and 1-05-1410.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through ##)

 

 

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

5.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of Federal Domestic Quarantine 7 CFR 301.92, 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.

Auditor/Controller

6.                  Designate October 18 through 24, 2009 as "National Save for Retirement Week." Support the goals and ideals of National Save for Retirement Week, including raising public awareness about the importance of adequate retirement savings and the availability of employer-sponsored retirement plans.


Board of Supervisors

7.                  Ratify Proclamation Honoring Mike Ennis as the Latino Peace Officers Association's Community Service Award Recipient.

8.                  Adopt the amended By-Laws of the Tulare County Water Commission to allow for the terms to be staggered.

9.                  Reappoint the following to the Tulare County Water Commission for terms ending April 30, 2010: Dale Brogran, District 2 Representative; Chris Kapheim, District 4 Representative; Dennis Keller, Member At-Large (1) Representative; and Keith Watkins, Member At-Large (3) Representative. Reappoint the following to the Tulare County Water Commission for terms ending April 30, 2011: Paul Boyer, District 1 Representative; Bruce George, District 3 Representative; Richard Schafer, District 5 Representative; and Laurel Firestone, Member At-Large (2) Representative.

10.             Reappoint Tom Link to the Visalia Public Cemetery District for a term ending January 7, 2013.

11.             Appoint Bernice Soto as Social Service Agency Representative to the Community Health Center Board for a term ending April 18, 2011.

12.             Appoint the following to the Tulare County Ambulance Independent Compliance Committee for terms ending December 31, 2010: Diana Pearcy, Unincorporated Cities Representative; and Michael Threlkeld, County Fire Chief's Association Representative. Appoint the following to the Tulare County Ambulance Independent Compliance Committee for terms ending December 31, 2011: John D. Lollis, Incorporated Cities Representative; Tim Space, Hospitals Representative; and Stephen C. Harrell, Member At-Large Representative.

County Administrative Office

13.             Ratify and approve an amendment to Agreement No. 20515 with the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake for Booking Fees to Tulare County. 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. Authorize the Chairman to sign the amendments with Lindsay, Porterville and Visalia, subject to review and approval as to form by County Counsel.

District Attorney

14.             Authorize acceptance of continued grant funding from the California Emergency Management Agency for the Victim/Witness Assistance Program in the amount of $281,244 for Fiscal Year 2009/2010. Ratify and approve the Grant Award Agreement, 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.


Health & Human Services Agency

15.             Ratify and approve an amendment to Agreement No. 23735 with Visalia Unified School District for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

16.             Ratify and approve an amendment to Agreement No. 24104 with Alpaugh Unified School District for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2007 through June 30, 2012. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

17.             Ratify and approve an agreement with BHC Heritage Oaks Hospital in the amount of $283,200 to provide short term, inpatient psychiatric services, 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.

Human Resources & Development

18.             Ratify and approve a Side Letter of Understanding between the County of Tulare and the Tulare County Deputy Sheriff's Association (Units 13 & 15), retroactive to September 29, 2009 that, a) defers receipt of their uniform allowance that is scheduled to be paid in December 2009 and June 2010, and b) waives participation in the sick leave buy back program that is scheduled to be paid out in December 2009. Find that the Board had authority to enter into the proposed agreement as of September 29, 2009 and that it was in the County's best interest to enter into the agreement on that date.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

In-Home Supportive Services Public Authority

19.             Ratify and approve a renewal agreement with Foundation One Security, Foundation One Insurance Services, Ltd, American Fidelity Assurance Company and WEB-TPA, an AmWINS Group Benefits Company, for providing group health benefits to the In-Home Supportive Services providers, retroactive to September 1, 2009 through August 31, 2010. Find that the Board had authority to enter into the proposed agreement as of September 1, 2009 and that it was in the Public Authority's best interest to enter into the agreement on that date.

ADJOURN AS THE IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS


Library

20.             Ratify the submittal of an application to the State Library of California for a grant for cost reimbursement of the expense for library employees to work toward earning a Masters of Library Science/Information Science degree. Accept a grant from the State Library of California for training reimbursement funds in the amount of $11,048 for the expense for library employees to work toward earning a Masters of Library Science/Information Science degree. Authorize the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

21.             Authorize a restricted parking zone and approve the posting of signs at the following locations: on a portion along both sides of Mills Drive (Diagonal 156A) for a distance of 500 feet west of State Route 216, east of Visalia; and on a portion along the east side of Road 124 from Ella Avenue to Avenue 416 in the community of Orosi.

22.             Declare their intent to co-sponsor Deer Creek/White River and Frazier Creek/Strathmore Creek flood control projects with United States Army Corps of Engineers, and the California Central Valley Flood Protection Board, under the California Department of Water Resources. Authorize the Director of the Resource Management Agency to sign Letters of Intent to co-sponsor the Deer Creek/White River, and Frazier Creek/Strathmore Creek projects.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

23.             Approve the Joint Funding Agreement with the United States Geological Survey for water resources investigations for the operation and maintenance of stream gauging stations at Deer Creek near Fountain Springs and Lewis Creek near Lindsay for the period November 1, 2009 to October 31, 2010.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

24.             Adopt a resolution declaring the 37.51 acres of land located at 2860 Avenue 170 near Road 28 in Tulare County, more particularly described as Tulare County Assessors Parcels Nos. 200-020-002 and 200-020-003, surplus property. Authorize Resource Management Agency personnel to obtain an appraisal for the property. Authorize Resource Management Agency personnel to mail copies of the resolution, pursuant to Government Code section 54222, to public agencies as an offer to negotiate a good faith sale of said surplus land for the purpose of developing low and moderate-income housing, for park recreational or open space purposes, or for school purposes. If no agency requests negotiations prior to the expiration of 60 days following receipt of the notice, the Resource Management Agency will place this matter on this Board's agenda for adoption of a Resolution of intent to sell the property.


Superior Court

25.             Proclaim Court Adoption and Permanency Month from November 1 through November 30, 2009 in Tulare County.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

26.             Request from the Auditor-Controller/Treasurer-Tax Collector to approve participation in the California Communities Prop 1A Securitization Program and authorize the sale of receivables due to reduced property tax allocation for the following funds and approximate amounts: General Fund, $7,462,000; Fire Fund, $545,000; and Library Fund, $263,000.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

27.             Request from the Auditor-Controller/Treasurer-Tax Collector to approve Terra Bella Sewer District's participation in the California Communities Prop 1A Securitization Program and authorize the sale of receivables due to reduced property tax allocation for approximately $2,500.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

AND CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

28.             Request from the Auditor-Controller/Treasurer-Tax Collector to approve Tulare County Flood Control District's participation in the California Communities Prop 1A Securitization Program and authorize the sale of receivables due to reduced property tax allocation for approximately $43,000.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(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 by Robert J. Owens of the Zoning Administrator decision to deny Zone Variance No. PZV 08-027 (ZA) to create a .37 acre homesite parcel from an original parcel (4.7 acres) with less acreage than required in the AE-10 zone. Road 242 (Plano St.), south of Porterville. Board of Supervisors Agenda Item October 20, 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: 4

Proposed Tulare County General Plan 2030 Update and Draft Environmental Impact Report.

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ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 2

Proposals pertaining to Modification of the County of Tulare's Williamson Act Program, including but not limited to possible non-renewal of Williamson Act contracts.

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ITEM D

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 2

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ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 10717 Avenue 272, Tulare, CA, APN 119-810-007 (Portion)

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Danny Freitas and Jeanette Freitas

Under Negotiation: Price and Terms of Payment

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ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 10811 Avenue 272, Visalia, CA, APN 126-240-036 (Portion)

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Blain Investments

Under Negotiation: Price and Terms of Payment

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ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 8121 Avenue 400, Dinuba CA, (SE Corner Avenue 400 & Road 80) APN 030-100-016 (Portion)

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: WMJ Farms

Under Negotiation: Price and Terms of Payment

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ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 10407 Road 80, Dinuba CA, APN 030-010-009 (Portion)

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Kenneth Thiesen and Patricia Thiesen

Under Negotiation: Price and Terms of Payment

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ITEM I

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 40745 Road 80, Dinuba CA, APN 030-010-006 (Portion)

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: George Margosian (and others)

Under Negotiation: Price and Terms of Payment

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ITEM J

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 549 West Tulare, Dinuba CA, APN 117-181-002 (Portion)

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Harmon Prine and Dorothy Prine

Under Negotiation: Price and Terms of Payment

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ITEM K

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 39309 Road 80, Dinuba CA, APN 030-040-018 (Portion)

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Duane Friesen and Anna Marie Friesen

Under Negotiation: Price and Terms of Payment

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ITEM L

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: A 30/57 mile line of railroad between Strathmore, CA milepost 268.60 and Jovista, CA milepost 299.17 in Tulare County

Agency Negotiator: Jean M. Rousseau and Kristin Bennett

Negotiating Parties: San Joaquin Valley Railroad, Union Pacific

Under Negotiation: Price, Terms of Payment and Operations

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ITEM M

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Abel Villagran vs. County of Tulare,

Tulare County Superior Court Case Number 08-229399

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ITEM N

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Toni Watt vs. County of Tulare,

Workers Compensation Appeals Board Case Number FRE 0232282; FRE 0232284

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ITEM O

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Filberta San Miguel v. County of Tulare, In Home Supportive Services

Equal Employment Opportunity Commission Charge Number 37A-2008-06110

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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

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