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


 

February 9, 2010

 

1:30 P.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 the Tulare Union Girls Cross Country Team for winning the Division II Valley Championship.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

2:00 P.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Richard Robert Zupp, 1996 Zupp Revocable Trust (Robert Richard Zupp and Carol Ann Zupp), Mary Lou Zupp Living Trust; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

5.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Bill and Tanya Miller Family Limited Partnership; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury: c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

6.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Strawberry Stand Corner, LLC; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

(Consent Calendar)

 

CONSENT CALENDAR (Number 7 through 26)

 

 

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

7.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of portions of the California Food and Agriculture Code pertaining to high-risk shipments, beehives and plant material, 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

8.                  Rescind Resolution 2009-1037 and approve a new Resolution incorporating all the previous provisions, retroactive to December 8, 2009 as follows: a) Approve any parcel that does not sell to be re-offered at the end of the auction at a lower minimum bid amount (3698.5(c)) starting May 20, 2010 through May 24, 2010; and b) Authorize a $5,000.00 refundable deposit for unsuccessful bidders during registration (3692 (e)). Ratify, revise and authorize sale at internet auction of tax-defaulted properties, subject to the Power of Sale according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code, to begin on March 25, 2010 through March 29, 2010, ending time to be staggered every 15 minutes starting at 10:00 a.m. on March 29, 2010, to accommodate proper notification.

Board of Supervisors

9.                  Ratify the following Proclamations: Honoring W&E Electric Cutler-Orosi Chamber of Commerce 2010 Business of the Year; Honoring Sandra Williams Cutler-Orosi Chamber of Commerce 2010 Woman of the Year; and Honoring Gary Chambers Cutler-Orosi Chamber of Commerce 2010 Man of the Year.

10.             Approve a Proclamation recognizing March 1-7, 2010 as Peace Corps Week in Tulare County.

11.             Appoint Garrett German to the Exeter District Ambulance for a term ending December 3, 2010.

12.             Approve a letter of support for Nick Canata to be appointed to the California Delta Stewardship Council.

13.             Approve a letter of recommendation for Mario Santoyo to be appointed to the California Water Commission.

Child Support Services

14.             Approve an Interagency Agreement with Contra Costa County's Department of Child Support Services for services to assist in locating non-paying child support obligors in an amount not to exceed $47,053, effective March 1, 2010 through September 30, 2010.

Health & Human Services Agency

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

16.             Ratify and approve the annual Certification Statements for California Children's Services (CCS) and Child Health and Disability Prevention (CHDP) for Fiscal Year 2009/2010, retroactive to July 1, 2009. Find that the Board had authority to approve the annual Certification Statements as of July 1, 2009 and that it was in the County's best interest to approve the statements on that date.

17.             Ratify and approve the Substance Abuse Offender Treatment Program (OTP) Application/Plan for Fiscal Year 2009/2010 retroactive to July 1, 2009 through June 30, 2010. Ratify and approve the receipt of funds in the amount of $207,019 for the Substance Abuse Offender Treatment Program for Fiscal Year 2009/2010, retroactive to July 1, 2009. Find that the Board had authority to approve the proposed application/plan and receive the funds as of July 1, 2009 and that it was in the County's best interest to approve the application/plan and receive the funds on that date.

Probation

18.             Approve an amendment to the Fiscal Year 2009/2010 Budget of the Probation Department to include additional expenditures for the implementation of the Child Welfare System Improvement and Accountability Act and recognize revenue awarded in the amount of $20,683 from the Child Welfare Services Outcome Improvement Project (CWSOIP) Fund.

Resource Management Agency

19.             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 09-001 filed by Raul Gonzalez, Jr. (Steelex Industrial, Inc.), from AE-20 (Exclusive Agricultural - 20 acre minimum) to M-1-SR (Light Manufacturing - Site Review Combining) on a 4.33-acre parcel located on the south side of Avenue 208, bounded on the west by State Route 65 and on the east by Road 220, halfway between Lindsay and Strathmore. Set a Public Hearing for March 2, 2010 at 9:30 a.m.

20.             Approve a Subrecipient Agreement in the amount of $800,000 with Central Valley Christian Housing, Inc. (CVC) for implementation of Neighborhood Stabilization Program (NSP1) funded by the State of California, Department of Housing and Community Development (HCD) Grant No. 09-NSP1-6270.

21.             Approve payment of Residential Relocation Replacement Housing Benefits to Antonio and Rosa Vera of up to $10,000. Direct the Auditor to draw one or more warrants in favor of Antonio and Rosa Vera or their designated assignee not to exceed a total of $10,000.

22.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Eleanor L. Thomas, as Trustee of the Eleanor L. Thomas Survivor's Trust of March 24, 2003, as to an undivided interest and Eleanor L. Thomas, as Trustee of the James E. Thomas Bypass Trust of March 24, 2003, as to an undivided interest for the Road 108 Widening Project in the amount of $40,000. 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 $41,500 in favor of Stewart Title Company.

23.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Evangeline Limited Partnership, a Washington Limited Partnership, for the Road 108 Widening Project in the amount of $179,900. 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 $181,400 in favor of Stewart Title Company.

24.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from J & M Thomas Ranch, Inc., a California Corporation, for the Road 108 Widening Project in the amount of $107,500. 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; and Direct the Auditor to draw a warrant in the amount of $109,000 in favor of Stewart Title Company.

25.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Irma Cordeniz Living Trust and the Mayme Cordeniz Living Trust for the Road 108 Widening Project in the amount of $74,300. 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 $75,800 in favor of Stewart Title Company.

26.             Approve March 16, 2010 at 9:00 a.m. as the date and time to receive public comment regarding the Board's intent to consummate the purchase of real property described as 15892 Azalea Avenue, in the community of Ivanhoe. Instruct the Director of the Resource Management Agency or his designee to publish the attached Exhibit "A" Notice of Intent to Purchase Real Property once a week for three consecutive weeks pursuant to Government Code 25350 and 6063. Authorize County Counsel to sign escrow instruction and sign for approval of the preliminary title report.

(Items Not Timed)

 

 

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

27.             Request from Information Technology to approve the purchases necessary for the new MS SQL system not to exceed $462,347. Approve the Fixed Asset purchases of Servers, Power unit, and SAN upgrade devices not to exceed $285,424 to provide a mirrored and clustered environment for our SQL databases subject to the approval by California Health and Human Services Agency Office of Systems Integration (OSI) of the Advanced Planning Document (APD). Approve the purchases of Software, licensing, professional implementation services not to exceed $176,923 to provide a mirrored and clustered environment for our SQL databases, subject to the approval by California Health and Human Services Agency Office of Systems Integration (OSI) of the Advanced Planning Document (APD). Approve the necessary budget adjustments. (4/5ths vote)

28.             Review, modify and adopt the proposed 2010 Federal Legislative and Regulatory Platform.

29.             Presentation given by Resource Management Agency regarding an overview of the California Statewide Needs Assessment Project. Support the findings of the California Statewide Local Streets and Roads Needs Assessment and authorize the County Administrative Officer to send this resolution with an accompanying letter from the Chairman of the Board of Supervisors to the Governor and each legislator, expressing vehement opposition to future cuts to vital transportation funding such as Proposition 42 and the Highway User Tax Account (HUTA) and strong support for adequate and stable funding sources for local street and road maintenance and rehabilitation.

(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: 4

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

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 149-060-010

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Strawberry Stand Corner, LLC

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 Description: APN 166-010-045

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Bill and Tanya Miller Family Limited Partnership

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 Description: APN 166-010-032

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: The 1996 Zupp Revocable Trust (Robert Richard Zupp, Carol Ann Zupp, Trustees) Richard Robert Zupp, And The Mary Lou Zupp Living Trust (Zupp).

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: A. E. v. County of Tulare, et al

United States District Court Case Number . 1:09-CV-02204-LJO-DLB

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Application to file late claim based on July 12, 2009 alleged injury.

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Application to file late claim regarding February 11, 2009 motor vehicle accident at County /City of Dinuba intersection.

Next Item(s) Sitting as...

ITEM H

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 I

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Interim Director of Tulare County Child Support Services

(Government Code Section 54957.6)

Next Item(s) Sitting as...

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

Next Item(s) Sitting as...