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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

March 16, 2010

 

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.                  Presentation of the Annual Calendar Art Contest.  Declare March 14-20, 2010 as National Ag Week.

2.                  Public Comments.

3.                  Board of Supervisors matters.


CONSENT CALENDAR (Number 4 through 17)

 

 

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 Crop Improvement Association for providing supervision of seed certification, effective April 1, 2010 through March 31, 2011.

Auditor/Controller

5.                  Approve the necessary budget adjustments, which cover the unanticipated arbitrage expense on the Building Debt Service Fund.

6.                  Approve the purchase of eight (8) replacement vehicles in the amount of $240,000 within the Sheriff's Department.  Authorize payment for those vehicles with a loan from the Workers' Compensation Insurance Fund.  Approve the necessary budget adjustments.  (4/5ths vote)

7.                  Ratify the Deferred Compensation Committee's determination to renegotiate an extension of the contract with Great West for provider services to Tulare Deferred Compensation Plan.

Board of Supervisors

8.                  Ratify the following Proclamations:  Honoring Iron Grip Gym as the 2009 Business of the Year Award Recipient; Honoring Jesus A. Mendez, Jr. as the 2009 Spirit of Woodlake Award Recipient; Honoring Charles J. Castles as the Pastor of the Decade Award Recipient; Honoring Nicole Hocker Glentzer as the 2009 Inspiration Award Recipient; Honoring Terry Thompson as the 2009 Woman of the Year Award Recipient; Honoring Rudy Garcia as the 2009 Man of the Year Award Recipient; Honoring Manuel "Rusty" Moran as the 2009 Lifetime Achievements Award Recipient; Honoring Benjamin Pfenninger as the 2009 Male Youth of the Year Award Recipient; Honoring Rosellia A. Cordova as the 2009 Female Youth of the Year Award Recipient; Recognizing February 2010 as African American History Month in Tulare County; and Honoring the City of Lindsay on its 100th Anniversary.

9.                  Approve a Resolution in support of a High Speed Rail station in Kings County, CA.

County Administrative Office

10.             Ratify actions taken by the County Administrative Officer during the months of January and February 2010 regarding Good Works Funding Agreements.

 

Health & Human Services Agency

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

12.             Approve an agreement with Community Services and Employment Training, Inc. in an amount not to exceed $627,990 to provide pre-employment counseling, skills assessment, education, and life skills training for the Youth Transitions Program, effective April 1, 2010 through September 30, 2011.

13.             Authorize the Chairman of the Board to sign three (3) copies of the Federal Certifications CO-007 form for the California Department of Education, Nutrition Services Division; that will allow Tulare County Health and Human Services Agency (HHSA) to receive the contract for the Summer Food Service Program to conduct health and sanitation inspections of the food service facilities within Tulare County.

Resource Management Agency

14.             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 10-001 requested by California Planning & Engineering Corporation on behalf of Halpern Industries, from Multi-Family Residential - Site Plan Review (R-3-SR) to Service Commercial - Site Plan Review (C-3-SR) Zone on 2.54 acres (APN 215-260-012 and 215-260-013) located at the north side of Avenue 194, bounded on the west by Road 228 and on the east by Orange Belt Drive, Strathmore.  Set a Public Hearing for April 13, 2010 at 9:30 a.m.

15.             Waive the second reading and adopt an uncodified Ordinance to delegate authority to the Resource Management Agency Director to approve and execute agreements for purchase of property for Phase 4 of the Road 80 Widening Project.  Direct the Clerk to the Board of Supervisors to post and publish the Ordinance in its entirety after adoption as required by law.

ADJOUORN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

16.             Approve Grant of Easement to Southern California Edison Company, for utility poles and wires to be relocated from the Avenue 336 alignment to the northern boundary of a Flood Control District owned parcel adjacent to the Wutchumna Ditch.  Find that the conveyance of this easement is in the public interest and that the interest in land conveyed will not substantially conflict or interfere with the use of the property by the County pursuant to Government Code Section 22526.6.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

17.             Approve the fixed asset purchase of a Digital Crime Scene Server in an amount not to exceed $9,000.  Approve the necessary budget adjustments.  (4/5ths vote)

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

18.             Request from Treasurer-Tax Collector to introduce and waive the first reading of an Ordinance amending sections 1-05-1355, 1-05-1365, 1-05-1380, 1-05-1385, 1-05-1420, 1-05-1425, 1-05-1435, 1-05-1455, 1-05-1460, 1-05-1465 and 1-05-1470 of the Tulare County Ordinance Code pertaining to the Transient Occupancy Tax that will update the definitions and exemptions of the Article and the location of where to obtain registration and reporting forms. The new sections to the proposed Ordinance will add procedures for the operator to obtain a tax clearance certificate, for the Tax Collector to waive penalties and interest and to collect Transient Occupancy Tax from successor or assignees.  Direct the Clerk of the Board to publish the Ordinance summary and post a full copy of the proposed Ordinance in the office of the Clerk of the Board.

19.             Request from Resource Management Agency to deny the appeal filed by Mr. & Mrs. Faria and accept the Negative declaration as the appropriate environmental document.  Approve the Resolution with findings and adopt the Conditions of Approval for Special Use Permit No. PSP 08-081 (ZA) Living Word Fellowship, for the establishment of a worship facility on an 18.39 acre parcel located on the east side of Road 68 and west of Road 72, approximately 1,750 feet north of Avenue 416, west of Dinuba.

20.             Request from County Administrative Office to receive the Mid-Year Budget Report for Fiscal Year 2009/2010.  Approve proposed schedule for preparation and adoption of the Fiscal Year 2010/2011 Budget, which incorporates a rollover budget as the operating budget (including the capital projects budget) for the period between July 1, 2010 and adoption of the 2010/2011 budget (4/5ths vote required).  Approve the continuance of a hiring freeze providing the County Administrative Office enhanced discretion to hold positions vacant.  Authorize the Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County Administrative Officer, to process budget adjustments resulting from the Mid-Year Budget Report.

21.             INFORMATION ONLY:  Bid opening results for the History of Farm Labor Museum Elevator Project.

(Closed Session)

Bidders

 

Bid Amount

Webb & Son Corporation

 

$89,980

Gary Interrante Construction

 

$94,000

 

 

 

Engineer's Estimate

 

$105,000


 

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

Amending Transient Occupancy Tax Ordinance

Board of Supervisors Agenda Item March 16, 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:  1

Appeal by Mr. Faria regarding Zoning Administrator's decision on Special Use Permit PSP 08-081 located west of Dinuba. Board of Supervisors Agenda Item March 16, 2010.

Next Item(s) Sitting as...

ITEM C

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 D

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM E

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:  Robert Zupp, Richard Zupp, Carol Zupp

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 Description:  APN 149-020-065

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Wilbur Clair Hettinga and Mary Lou Hettinga, as Co-Trustees of the Hettinga Family Trust

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

Next Item(s) Sitting as...

ITEM H

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

Next Item(s) Sitting as...

ITEM I

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 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...