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,

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

April 6, 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 Tulare County Child Abuse Prevention Council to approve the designation of the month of April 2010 as Child Abuse Prevention Month.

2.                  Presentation of a Proclamation proclaiming April 6, 2010 as Adult Literacy Day in Tulare County.

3.                  Request from Health and Human Services Agency to proclaim the month of April 2010 as Public Health Month in Tulare County. Receive presentations regarding the Public Health Community Champions Award winners and the Tulare County 2010 Health Status and the Strategic Planning activities. Acknowledge the Tulare County Health & Human Services Agency, Public Health Department's Mission and Values statements.

4.                  Presentation given by the San Joaquin Valley Air Pollution Control District regarding Rule 9410: Employer Based Trip Reduction.

5.                  Presentation given by the California State Association of Counties regarding Capitol Update and CSAC Programs and Services.

6.                  Public Comments.

7.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

8.                  PUBLIC HEARING: Request from the Resource Management Agency to consider the vacation of a 216 foot portion of Road 224 immediately north of Avenue 196 in Strathmore. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted Tulare County CEQA Guidelines as a Class 5(e), Abandonments of existing street, alley and utility easements on which no road improvements exist, and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Reserve easements for public utilities pursuant to Streets and Highways Code Section 8340(c) and 8348. Determine that the hereinbefore described portion of Road 224 is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate a portion of Road 224 north of Avenue 196 in Strathmore. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor Clerk/Recorder.

9.                  PUBLIC HEARING: Request from Resource Management Agency to hear the petition to vacate a 10 foot wide portion along the southerly line of Dooley Drive right-of way between Richgrove Drive and the west boundary of the northeast - southwest alley between Richgrove Drive and Wheatland Drive. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted Tulare County CEQA Guidelines as a Class 5(e), Abandonments of existing street, alley and utility easements on which no road improvements exist, and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Reserve easements for public utilities pursuant to Streets and Highways Code Section 8340(c) and 8348. Determine that the hereinbefore described portion of Dooley Drive is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate a portion of Dooley Drive right-of-way in Richgrove. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor Clerk/Recorder.

 

 

 

(Consent Calendar)

CONSENT CALENDAR (Number 10 through 30)

 

 

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

10.             Ratify and approve the Chairman to sign the Application for Federal Assistance, retroactive to December 1, 2008 through November 30, 2009. Ratify and approve a revision to Agreement No. 23342 with the United States Department of Agriculture, which decreases the award amount by $547,835.99 for a total award amount of $702,164.01 for the Area Wide Glassy-winged Sharpshooter Management Program, retroactive to December 1, 2008 through November 30, 2009. Find that the Board had authority to enter into the proposed agreement as of December 1, 2008, and that it was in the County's best interest to enter into the agreement on that date.

Board of Supervisors

11.             Reappoint Dennis Keller, Member At-Large, and Chris Kapheim, District 4 Representative, to the Tulare County Water Commission for terms ending April 30, 2012.

County Administrative Office/General Services

12.             Ratify and approve an amendment to Agreement No. 23973 with the Tulare County Superintendent of Schools for real property located at 1105 South "O" Street, Tulare, retroactive to January 1, 2010. Find that the Board had authority to enter into the proposed Amendment to Agreement as of January 1, 2010, and that it is the County's best interest to enter into the amendment to agreement on that date.

13.             Ratify and approve an amendment to Agreement No. 19956 with the Strathmore Public Utility District for office space located at 19628 Orange Belt Drive, retroactive to November 1, 2009. Find that the Board had authority to enter into the proposed Amendment to Agreement as of November 1, 2009, and that it is the County's best interest to enter into the amendment to agreement on that date.

14.             Approve an agreement with the City of Tulare for the transfer of the Elk Bayou Soccer-Sports complex and the Elk Bayou Park, subject to the review and approval as to form by County Counsel.

15.             Approve an agreement for Purchase of Real Property/Right of Way from the Mary Lou Zupp Living Trust, Richard R. Zupp, Robert R. Zupp and Carol A. Zupp for the Road 108 Widening Project in the amount of $65,200. 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 $66,700 in favor of Chicago Title Company.

Health & Human Services Agency

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

17.             Ratify and approve an agreement with URS Corporation Americas in the amount of $110,886 to develop the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP), retroactive to December 1, 2009 through June 30, 2012. 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.

Purchasing

18.             Introduce and waive the first reading of an Ordinance amending Section 1-03-1355 of the Tulare County Ordinance Code to increase the Purchasing Agent's authorization for making direct purchases in an amount not to exceed $4,000. Direct the Clerk of the Board to publish the summary Ordinance as required by law.

Resource Management Agency

19.             Declare the month of April as Fair Housing Month in the County of Tulare.

20.             Approve the fabrication of a truck utility bed with stencil painting equipment in an amount not to exceed $25,000. Approve the purchase of three (3) engine retrofits in an amount not to exceed $133,500. Approve the necessary budget adjustments. (4/5ths vote)

21.             Authorize the Auditor to establish an interest bearing Trust Fund for the deposit of monies by Dairy CARES to provide for any County staff time in processing and/or planning fees, consultant fees and other associated fees and/or costs for the General Plan Amendment to the Animal Confinement Facilities Plan and Environmental Impact Report.

22.             Approve an agreement with Pena's Disposal Service to provide construction and demolition waste recycling services at the Teapot Dome, Visalia and Woodville landfills until March 31, 2013, subject to review and approval of insurance provisions by County Counsel, Risk Management. Delegate authority, on behalf of the County, to the Resource Management Agency Director to extend the agreement for one (1) additional year under the same terms and conditions.

23.             Ratify and approve the Indemnification Agreement with Venida Packing Company, Inc. for an electrical conduit crossing of Avenue 300, 1,340 feet east of Road 196, near the City of Exeter, retroactive to February 18, 2010. Find that the Board had authority to enter into the proposed agreement as of February 18, 2010, 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 TULARE COUNTY REDEVELOPMENT AGENCY

24.             Approve an agreement with the Southern California Gas Company for use of power-operated or power-driven excavating equipment within the approximate location of subsurface installations for the Betty Drive Phase 2B Project (overpass over the Union Pacific Railroad tracks).

25.             Approve the Qwest Communications Company, LLC Design Relocation Agreement for the design, relocation plan and the coordination of relocating the communications conduit system for the Betty Drive Phase 2B Project (overpass over the Union Pacific Railroad tracks) in the amount of $6,581.

26.             Approve the SFPP, L.P. Pipeline Inspection Agreement for the review of plans and the actual inspection time spent during the construction of the Betty Drive Phase 2B Project (overpass over the Union Pacific Railroad tracks) in the amount of $15,000.

27.             Approve the Sprint Communications Company L.P. Reimbursement Agreement that will allow Sprint to inspect work near its fiber optic cable facilities and protect in place its facilities within the Union Pacific Railroad Right of Way as part of the Betty Drive Phase 2B Project (overpass over the Union Pacific Railroad tracks) in the amount of $10,000.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

28.             Acknowledge and accept monetary donations totaling $2,000 from Friends of Tulare County designated for the Project Lifesaver Program and the Tulare County Peace Officer Memorial.

29.             Approve the Fixed Asset purchase of an Aviation Digital Radio for County aircraft in an amount not to exceed $23,000. Approve the necessary budget adjustments. (4/5ths vote)

30.             Ratify and approve an amendment to Agreement No. 23118 with the United States Army Corps of Engineers for law enforcement services at Success Lake Recreation Area, retroactive to April 1, 2010 through September 30, 2010. Find that the Board had the authority to enter into the proposed agreement as of April 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

31.             Request from Human Resources & Development to approve a continuance on the matter of State Disability Insurance Coverage for Unit 20 (Professional) until April 13, 2010 which will allow time for a re-vote to be completed.

32.             Request from the County Administrative Office to consider, modify as needed, and approve the response to the Tulare County Grand Jury 2009/2010 Interim Report regarding Revenues Lost? Transient Occupancy Tax. Authorize the Chairman to sign the response letter.

33.             Request from Information Technology to approve the Information Security Program Policies.

 

34.             Receive a presentation from the Upper Kings Basin Integrated Regional Water Management Authority and take action on one of the following options: 1) Authorize participation in the Joint Powers Authority as a full voting member for a cost of $7,000 for Fiscal Year 2009/2010 plus $5,000 per year for six years; Approve an agreement with the Upper Kings Basin Integrated Regional Water Management Authority, subject to review and approval as to form by County Counsel; and Appoint a member of the Board of Supervisors to serve on the Upper Kings Basin Integrated Regional Water Management Authority. 2) Authorize participation as an Interested Party with no cost to the County; Approve a letter requesting membership as an Interested Party only and attend meetings without voting authority. 3) Authorize no participation at any level.

(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 LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

ITEM D

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 E

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 F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 8

A dispute between the County and the Cities (Cities of: Tulare, Exeter, Visalia, Dinuba, Woodlake, Lindsay, Farmersville, Porterville) regarding the interpretation of Revenue and Taxation Code sections 95.3 and 97.75 and the County's calculation of the amount of PTAF that the Cities are charged as related to the Triple Flip (Revenue and Taxation Code section 97.68) and the Vehicle License Fee swap (Revenue and Taxation Code section 97.70).

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Lor, Wacha, et. al. v. County of Tulare, et. al,

Fresno County Superior Court Case Number 10CECL00307

Next Item(s) Sitting as...

ITEM H

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...

ITEM I

Special Timed Item at 1:30 p.m.

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Child Support Services Director

(Government Code Section 54957.6)

Next Item(s) Sitting as...