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 REDEVELOPMENT AGENCY

 

March 23, 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 given by the Sheriff's Department on its Community Oriented Policing Services (COPS) Hiring Recovery Program.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt a resolution certifying the Negative Declaration prepared for General Plan Amendment 09-002 for the Tulare County 2009 Housing Element and Negative Declaration as adequate and in compliance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the County's procedures for implementing CEQA; and that it is the appropriate environmental document for the Tulare County 2009 Housing Element update as recommended by Planning Commission Resolution No. 8485. Authorize the Chairman to sign the Notice of Determination. Direct the Clerk of the Board of Supervisors to return the signed Notice of Determination to the Resource Management Agency. Adopt a separate resolution adopting General Plan Amendment No. 09-002 for the Tulare County 2009 Housing Element as recommended by Planning Commission Resolution No. 8484.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 32)

 

 

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

5.                  Appoint Marc A. Lippincott to the Tulare County Employees' Retirement Board, Member 6, for a term ending December 31, 2012.

County Administrative Office/General Services

6.                  Approve a Proclamation supporting the State of California's "Get Connected" initiative that seeks to close the Digital Divide by providing all Californians with access to high speed internet.

7.                  Approve and authorize the Chairman to send a letter of support for the Corporation of Education Network Initiatives' application for stimulus funds to implement the Central Valley Next Generation Broadband Infrastructure Plan.

8.                  Request from Capital Projects to award the contract for the History of Farm Labor and Agriculture Museum Elevator Project to the lowest responsible bidder in the amount of $89,980 to Webb and Son Corp., located at 678 N. Plano, Porterville, CA 93257. Authorize the Chairman to sign the construction agreement, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the Contractor possesses a valid State contractor's license.

9.                  Ratify and approve a Building Space Lease amendment to Agreement No. 24136 with the Department of General Services of the State of California for the Tulare County Fire Department space at 1968 South Lovers Lane, Visalia, retroactive to December 31, 2009. Find that the Board had the authority to enter into the amendment as of the lease expiration date of December 31, 2009 and that it is in the County's best interest to enter into the amendment on that date. Direct the Clerk of the Board to return the signed Building Space Lease amendment to Property Management for transmittal to the Department of General Services of the State of California.

10.             Ratify and approve an amendment to Agreement No. 23920 with Tulare Local Health Care District for real property located at 1062 South K Street in the City of Tulare retroactive to September 1, 2009. Find that the Board had authority to enter into the proposed amendment as of September 1, 2009 and that it is in the County's best interest to enter into the amendment on that date.

11.             Approve an agreement for Purchase of Real Property/Right of Way from Mervin L. Souza DBA M.S. Products, Mervin L. Souza and Mervin Souza for the Road 108 Widening Project in the amount of $76,700. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation. Authorize the County Administrative Officer, 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 $78,200 in favor of Stewart Title Company.

12.             Approve an agreement for Purchase of Real Property/Right of Way from Southern California Edison for the Road 108 Widening Project in the amount of $55,400. Authorize County Counsel to sign the Grant Deed acceptance upon presentation. Authorize the County Administrative Officer, 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 $56,900 in favor of Stewart Title Company.

13.             Approve an agreement for Purchase of Real Property/Right of Way from Del Lago Development Company for the Road 108 Widening Project in the amount of $171,500. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation. Authorize the County Administrative Officer, 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 $173,000 in favor of Chicago Title Company.

14.             Approve an agreement for Purchase of Real Property/Right of Way from Jon Bassett, Trustee of the Mary Ann Anderson Trust for the Road 108 Widening Project in the amount of $134,000. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation. Authorize the County Administrative Officer 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 $135,000 in favor of Chicago Title Company.

15.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Joseph Costa, Lynn Costa, Linda Costa and Gloria Pereira for the Road 108 Widening Project in the amount of $100,500. Approve "spend to get" Relocation Payment of up to $3,050 to Joseph and Lynn Costa for fixed moving expense. Approve "spend to get" Relocation Payment of up to $135,426.23 payable to Joseph and Lynn Costa or an escrow company of their choosing for price differential payment. Approve "spend to get" Relocation Payment of up to $2,000 to Joseph and Lynn Costa for incidental expenses (escrow fees and loan fees). Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation. Authorize the County Administrative Officer, 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 $102,000 in favor of Stewart Title Company.

16.             Approve an agreement for Purchase of Real Property/Right of Way from Stephen V. Drew for the Road 80 Widening Project in the amount of $15,500. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation. Authorize the County Administrative Officer, 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 $17,000 in favor of Chicago Title Company.

Health & Human Services Agency

17.             Authorize the submission of a grant application by the Tulare County Health and Human Services Agency, Department of Mental Health to the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance in the amount of $200,000 to provide Category III: Expansion funding. Authorize the Tulare County Health and Human Services Agency Director, or his designee, to sign the grant application.

Human Resources & Development

18.             Endorse a County sponsored Health Fair for all Tulare County employees. Authorize employees who are working during the Fair's hours to attend on County time, subject to coordination and approval of their department to assure that services continue to be provided. Grant authorization to seek donations and sponsorships to fund the 2010 Health Fair. Grant authorization to accept donations and spend them on the Health Fair, not to exceed $15,000, for expenses such as the convention center rental, smoking cessation programs and weight loss programs, fitness aids, health refreshments, printing and related miscellaneous program costs. Authorize additional funding, if necessary and as required from Tulare County's health education and training funds held by the CSAC-EIA and disbursed on the direction of the County's Risk Manager.

19.             Approve participation in the State of California's "State Disability Insurance" Coverage for Unit 20 (Professional) effective April 1, 2010. Authorize the Chairman of the Board of Supervisors to sign the Application for Elective Coverage of Disability form.

Information Technology

20.             Approve an agreement with Western Blue, Inc. for installation of Tulare Works' Desktops and Monitors with a cost not to exceed $160,000.

21.             Approve the fixed asset purchase of the hardware to upgrade the Websense appliance for the County Wide Internet Security System not to exceed $25,400. Approve the necessary budget adjustments. (4/5ths vote)

22.             Approve the Fixed Asset purchase of a wireless controller in an amount not to exceed $7,794 to provide connection of Health and Human Services Agency offices to the County backbone, subject to the approval by California Health and Human Services Agency office of Systems Integration of the Advanced Planning Document. Approve the purchases of software and hardware in an amount not to exceed $5,756 to provide connection of Health and Human Services Agency offices to the County backbone, subject to the approval by the California Health and Human Services Agency Office of Systems Integration of the Advanced Planning Document. Approve the necessary budget adjustments. (4/5ths vote)

Probation

23.             Approve modification of the Probation Department Juvenile Aftercare Reentry Program funded by the Juvenile Justice Crime Prevention Act. Delete one Probation Technician effective April 23, 2010. Authorize the layoff process and direct the Chief Probation Officer and the Human Resources and Development Department to initiate the meet and confer process.

Resource Management Agency

24.             Ratify and approve an agreement regarding California Environmental Quality Act Review for Cross Valley Canal Contractors' Contracts or renewal of Central Valley Project Water Supply and Conveyance through State facilities between Tulare County and Lower Tule River Irrigation District, Pixley Irrigation District, Hills Valley Irrigation District, Tri-Valley Water District, Kern-Tulare Water District, the County of Fresno and the California Department of Water Resources. Find that the Board had authority to enter into the Agreement at the time it was originally proposed and prepared and that it was in the County's best interest to enter into the Agreement at that time.

25.             Approve an agreement with the Corporation for Better Housing, Inc. in the amount of $650,000 for the implementation of the Neighborhood Stabilization Program funds provided by the State of California, Department of Housing and Community Development, subject to review and approval as to form by County Counsel.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

26.             Authorize the commitment and expenditure of Tulare County Redevelopment Agency (TCRA) funds in the amount of $100,000 to be provided by the Ivanhoe Redevelopment Project Area (RI4-RI4-2000) to be used as local leverage for the Corporation for Better Housing's 2010 9% Tax Credit Allocation Application for the Ivanhoe Family Apartments, which, if funded, would contribute to the construction of an eighty (80) unit affordable housing complex. Find that leveraging financial resources for housing improvement in this community: (a) is consistent with the adopted Redevelopment Plan for Ivanhoe; (b) implements the redevelopment plan by assisting in the eradication of physical blight caused by vacant or underutilized properties and the eradication of economic blight caused by a lack of opportunities; (c) is consistent with the current Implementation Plan adopted May 2008, pursuant to Health and Safety Code 33490, 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 leverage for the proposed activities, and that the County does not have available funding for these purposes.

27.             Authorize the delegation of authority to the Tulare County Redevelopment Agency Executive Director, or his or her designee, to undertake the following: Approve and execute agreements for the purchase of property and/or right of way, including construction easements and easements for the relocation of public utilities and relocation agreements for the Betty Drive Phase 2A Project (Avenue 312/Riggin Avenue widening) and 2B Project (overpass over the Union Pacific Railroad tracks), subject to review and approval as to form by County Counsel. Make an offer, based on an appraisal completed for the parcel. Adjust the offer to resolve any price disputes for the property to be acquired or for severance damages. The maximum purchase price, including the cost to cure any damages associated with the acquisition and relocation costs shall not exceed $775,000 for any given parcel. Open escrows and sign all documents to facilitate the escrows. Request the Auditor to draw warrants in favor of Chicago Title Company for agreements for purchase of property, plus escrows fees for each agreement, upon presentation by the Tulare County Redevelopment Agency Executive Director.

28.             Approve the Railroad Grade Separation Agreement with Union Pacific Railroad Company for the Betty Drive Phase 2B Project to allow for construction of a new overhead grade separation and long term maintenance, subject to County Counsel review and approval as to form.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

29.             Ratify and approve a grant application to California Emergency Management Agency for American Recovery and Reinvestment Act of 2009 supplemental funding of the Tulare County I-NET Team, retroactive to March 1, 2010 through February 28, 2012. Ratify the Chairman's signature on the Grant Award Face Sheet, the Certification of Assurance of Compliance - Recovery JAG form, and the Recovery JAG - Special Conditions Certifications form for the application. Find that the Board had authority to submit the application on March 9, 2010 and that it was in the County's best interest to submit the application as of that date. Approve the operational agreements for the grant program covering Inter-County Partners and the Visalia Police Department.

30.             Ratify and approve a grant application to California Emergency Management Agency for American Recovery and Reinvestment Act of 2009 supplemental funding of the Tulare County Clandestine Laboratory Unit retroactive to March 1, 2010 through February 28, 2012. Ratify the Chairman's signature on the Grant Award Face Sheet, and the Certification of Assurance of Compliance - Recovery JAG form, and the Recovery JAG - Special Conditions Certification form for the application. Find that the Board had authority to submit the application on March 9, 2010 and that it was in the County's best interest to submit the application as of that date. Approve the Operational Agreement/California Multi-Jurisdictional Methamphetamine Enforcement Team Program/Tulare County Clandestine Laboratory Unit.

31.             Authorize the Fixed Asset Purchase of 12 replacement unmarked vehicles in the amount of $228,000 to be purchased with funds from the Sheriff's Vehicle Replacement Trust Fund. Approve the necessary budget adjustments. (4/5ths vote)

Workforce Investment Board

32.             Approve the Tulare County Workforce Investment Board's Workforce Investment Act Local Plan Modification for PY 2009-2010.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

33.             Request from Resource Management Agency to receive an update from staff on Batch Non-renewal of substandard prime parcels under Williamson Act contract. Direct staff to initiate proposed non-renewal of other categories of substandard Williamson Act contracted lands. Direct staff to consider additional options as appropriate.

(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

General Plan Amendment No. 09-002 for the Tulare County Housing Element 2009 and Negative Declaration. Board of Supervisors Agenda Item March 23, 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 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...