MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY Chairman - 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

 

January 26, 2010

 

9:00 AM. 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 Jean Brou upon his retirement from Resource Management Agency for his 37 years of County service.

2.                  Recognize Gary Kunkel upon his retirement as the Agricultural Commissioner/Sealer for his 35 years of County service.

3.                  Recognize Peggy Anderson upon her retirement as the Director of Child Support Services for her 20 years of County service.

4.                  State of the County presented by the Chairman J. Steven Worthley.

5.                  Public Comments.

6.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

7.                  PUBLIC HEARING: Request from Resource Management Agency to continue the appeal to April 27, 2010 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 .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.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 29)

 

 

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

8.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of the California cotton plowdown regulations, retroactive to December 1, 2009 through March 31, 2010. Find that the Board had authority to enter into the proposed agreement as of December 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Board of Supervisors

9.                  Ratify the following Proclamations: Honoring Gwen McLaughlin for more than 25,000 hours of Volunteer Service to Tulare County; and Honoring Myles Chute upon his Retirement from the Dinuba Fire Department.

10.             Reappoint Katherine Rowland-Smith to the Sequoia Area VIII Board on Developmental Disabilities for a term ending December 31, 2012.

11.             Reappoint Patricia Marin to the Woodlake Public Cemetery District for a term ending January 7, 2014.

12.             Reappoint William Goodale to the Tulare County Mental Health Board, Consumer - Seat 5, for a term ending December 31, 2012.

13.             Reappoint Darrell Taylor to the Porterville Public Cemetery District for a term ending January 6, 2014.

14.             Appoint Irene Rodrigues, Tenant Commissioner, to the Housing Authority of Tulare County for a term ending December 18, 2010. Appoint Pamela Shaw, Tenant Commissioner, to the Housing Authority of Tulare County for a term ending December 18, 2011.

15.             Appoint Marilyn Kinoshita to the Solid Waste Management Technical Advisory Committee, Agricultural Commissioner/Sealer seat, to serve at the pleasure of the Board.

16.             Reappoint Jeff Belknap, Sue Halford and Marcia Williams to the Alta Cemetery District for terms ending January 6, 2014.

Cooperative Extension

17.             Ratify and approve an agreement with the California Department of Food and Agriculture in the amount of up to $59,990 for providing coordination of services in support of Tulare County Weed Management Area activities at the Eastern Leading Edge of the Sierra Nevada Foothills of Tulare County, retroactive to January 1, 2010 through December 31, 2011. Find that the Board had the authority to enter into the proposed agreement as of January 1, 2010 and that it was in the County's best interest to enter into the agreement on that date. Authorize the addition of one part time, limited term, project service position as a Community Program Specialist. Approve the necessary budget adjustments. (4/5 vote required)

County Counsel

18.             Waive the second reading and adopt an Ordinance adding Chapter 20 of Part VI of the Ordinance Code of Tulare County pertaining to business licenses for mobile food vendors. Direct the Clerk to publish a summary of the ordinance before the second reading as required by law.

County Administrative Office

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

20.             Approve the bid documents for the History of Farm Labor and Agriculture Museum Elevator Project. Authorize the Advertisement of Bids and set the Bid Opening for the project at 2:00 p.m. on Thursday, March 4, 2010.

Economic Development

21.             Approve an amendment to the Fiscal Year 2008/2009 comprehensive Economic Development Strategy Report to include the City of Visalia's proposed infrastructure project.

Health & Human Services Agency

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

 

23.             Ratify and approve the follow-up letter dated December 18, 2009 and the signature of the Chairman of the Board on the notification letter signed January 4, 2010, regarding the mutual agreement to terminate Agreement No. 23928 with Independence Medical Group Central California, Inc., effective February 28, 2010.

24.             Approve an agreement with Kaweah Delta Health Care District to allow Kaweah Delta Health Care District to be designated as a Level III Trauma Center, effective January 26, 2010 through October 26, 2010.

25.             Approve an agreement with LaSalle Medical Associates to provide Primary Care medical services and other health care to enrollees of plans listed with LaSalle Medical Associates, effective March 1, 2010.

Human Resources & Development

26.             Ratify and approve a Side Letter of Understanding between the County of Tulare and the Professional Law Enforcement Managers Association (PLEMA), Unit 14, retroactive to December 23, 2009 that defers receipt of their uniform allowance that is scheduled to be paid in December 2009 and July 2010, and waives employee participation, except for those retiring from County service between January 1, 2010 through March 31, 2010, in the Sick Leave Buy Back Program that was scheduled to be paid out in December 2009. Find that the Board had authority to enter into the proposed agreement as of December 23, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

27.             Approve the Local Assistance Projects' No Cooperative Work Agreement Needed Confirmation Form for Bicycle Transportation Account Project (Caltrans Project Number BTA 07/08-06-TUL-02) on Avenue 416 Lapsing June 30, 2010.

28.             Approve an amendment to Agreement No. 20827 with Dokken Engineering to substitute Interwest Consulting Group for Universal Field Services for right of way acquisition services for the improvement of the intersection of Avenue 416 and Road 80, City of Dinuba.

29.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Jay te Velde Jr. and Darlene te Velde, Trustees of the Jay te Velde and Darlene te Velde Trust, dated December 19, 2000 for the Road 80 Widening Project in the amount of $141,412.50. 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 and sign all documents to facilitate the escrow for this acquisition; and Direct the Auditor to draw a warrant in the amount of $142,912.50 in favor of Chicago Title Company.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

30.             Request from Resource Management Agency to approve the Measure R Program Supplement to Tulare County Transportation Cooperative Agreement, in the amount of $184,350, to allow the following: Transfer of Measure R Pedestrian funds, in the amount of $154,350, to Tulare County's Local Program fund, in accordance with the Measure R Expenditure Plan Guidelines; and Cost reimbursement for design work, in the amount of $30,000, on future pedestrian projects.

31.             Request from Resource Management Agency to approve the Measure R Program Supplement to Tulare County Transportation Cooperative Agreement, in the amount of $170,133, to allow the following: Transfer of Measure R bike funds, in the amount of $30,000, to Tulare County's Local Program fund, in accordance with the Measure R Expenditure Plan Guidelines; Cost reimbursement, in the amount of $137,918, for shoulder widening project to accommodate Class II bike lanes on the south side of Avenue 416 from Road 92 to Road 124; and Cost reimbursement, in the amount of $2,215, for a bike signs project on Avenue 280 between Visalia and Exeter.

32.             Request from Resource Management Agency to approve application GPI 10-001 authorizing the applicant (Dairy Cares) to proceed with a general plan amendment to the Animal Confinement Facilities Plan, subject to the County and applicant entering into three separate agreements: a Memorandum of Understanding; Indemnification Agreement; and Deposit/Reimbursement Agreement.

33.             Request from Resource Management Agency to approve a Memorandum of Understanding between Dairy Cares and the County of Tulare for a General Plan Amendment to the Animal Confinement Facilities Plan. Approve an Indemnification Agreement between Dairy Cares and the County of Tulare. Approve a Deposit/Reimbursement Agreement between Dairy Cares and the County of Tulare. Authorize the Resource Management Agency Director to execute the above agreements and any amendments with Dairy Cares, subject to review and approval as to form by County Counsel. Approve the necessary budget adjustments. (4/5ths vote)

34.             Request from Resource Management Agency to approve the reorganization of the Resource Management Agency as follows: Approve the transfer of the Support Services Branch including Print and Mail Services, Parks and Recreation, Fleet Services, Facilities, Property Management, Custodial and designated administrative positions to the County Administrative Office; Delete the classification of the Assistant RMA Director - Support Services; Adopt the new Classification and Job Specification of the General Services Manager and appoint the former Assistant RMA Director - Support Services to the position; Delete the Maintenance Project Coordinator (7980) and add one Maintenance Worker III position; Add one Capital Projects/Facilities Manager position and approve the Classification and Job Specification; Transfer three (3) Park and Grounds Worker positions (0251, 8182, and 8183) from the Grounds Maintenance Division to the Parks Division; Reclassify the Assistant RMA Director - Engineering (2436) to Assistant RMA Director - Public Works, approve the Class Specification and grant the incumbent the position; Delete the Assistant RMA Director - Planning and add the Assistant RMA Director - Planning & Community Development and approve the Class Specification; Delete the Assistant RMA Director - Transportation position and Assistant RMA Director - Community & Development Services position (7593), effective February 27, 2010; and Add two (2) Chief Engineer positions and approve the Class Specification. Authorize the County Administrative Officer, Human Resources Director and Auditor-Controller to make minor adjustments as needed. Authorize the layoff process and direct the Resource Management Agency and Human Resources and Development to initiate meet and confer with the affected unions.

(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

Robert J. Owen appeal of denial of Zone Variance No. PZV 08-027 (ZA) to allow the creation of .37-acre homesite parcel from an original parcel (4.70) in an AE-10 zone, east side of Road 252 (Plano St.), south of Scranton Ave., south of Porterville. Board of Supervisors Agenda Item January 26, 2010

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

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: County of Tulare v. Bruce Kenneth Belknap

Tulare County Superior Court Case Number 10-295868

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ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-020-018, 030-020-021, 030-020-024

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Bruce Kenneth Belknap

Under Negotiation: Price and Terms of Payment

 

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: County of Tulare v. Del Valle Corporation

Tulare County Superior Court Case Number 10-295862

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ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-120-040

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Del Valle Corporation

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 Description: APN 166-010-032

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Mary Lou Zupp, Robert Richard Zupp, Carol Ann Zupp, Richard Robert Zupp

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

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ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Villegas, Mitchell v. County of Tulare

Tulare County Superior Court Case Number 09-231457

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ITEM J

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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