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

 

April 27, 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.                  Public Comments.

2.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the Resource Management Agency to continue the appeal to July 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 a 0.37-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, on property located on the east side of Road 252 (Plano Street), approximately 1,350 feet south of Scranton Avenue, south of Porterville.

4.                  PUBLIC HEARING: Request from the Probation Department to adopt a fee increase for the Cost of Support in the Juvenile Detention Facility and Youth Facility to be implemented beginning July 1, 2010.

5.                  PUBLIC HEARING: Request from the County Library to consider and approve a library fee of $5.00 for the public to purchase USB Memory Sticks to be implemented beginning July 1, 2010.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 31)

 

 

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.

 

 

 

Auditor/Controller

6.                  Waive the second reading and adopt an ordinance amending section 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, 1-05-1470 and 1-05-1475 of the Tulare County Ordinance Code. The proposed ordinance will update the definition 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 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.

7.                  Authorize the Auditor-Controller as the jurisdiction contact for Sales and Use Tax Transaction and Use reallocation notifications from the California State Board of Equalization.

 

Board of Supervisors

8.                  Approve sending a letter of opposition to Senate Bill 1109 (Cox), which would create a statewide ballot initiative to eliminate local First 5 Commissions.

9.                  Approve sending a letter of support for SB 902 (Ashburn), which would authorize a County with a population of 400,000 or more to regulate fire companies. Approve sending a letter of support for SB 1234 (Negrete-McLeod), which would authorize an agency to impose a fee to cover the cost of staff search and review time when a Public Records Act request is made for commercial use.

General Services/Property Management

10.             Authorize Property Management to process a one-time pre-payment in the amount of $656,736.40 for rent and janitorial services prior to this Fiscal Year's end on Lease Agreement No. 16693-M for offices located at 8040 Doe Avenue in the City of Visalia.

11.             Accept the Irrevocable Offer to dedicate real property that was offered for dedication across Parcel 2 of Parcel Map No. 4491 filed on June 1, 2001 in Book 45 of Parcel Maps at Page 96 in the office of the Tulare County Recorder. Direct the Clerk of the Board to cause a Certified Copy of the Resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder.

Health & Human Services Agency

12.             Ratify and approve an amendment to Agreement No. 23899 with the California Department of Public Health to increase the maximum amount of the funding for the Women, Infants and Children Program by $652,000 from $15,785,000 to $16,437,000, retroactive to October 1, 2009 through September 30, 2011. Find that the Board had authority to enter into the proposed agreement as of October 1, 2009 and that it was in the County's best interest to enter into the agreement on that date. Approve the Personnel Resolution to add two (2) Health Program Assistant positions and three (3) Nutrition Assistant I/II positions.

13.             Ratify and approve an amendment to the Memorandum of Understanding (Tulare County Agreement No. 18043) with the State of California, Health and Human Services Agency, Department of Social Services to establish Tulare County as the entity responsible for performing licensing functions for the State with respect to Foster Family Homes within the County's geographical area, retroactive to July 1, 2009. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2009 and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

14.             Approve an amendment to Agreement No. 24341 with Medical Hill Rehab Center, LLC in an amount not to exceed $175,200 to extend the term of the agreement to June 30, 2011 for the provision of a mental health rehabilitation program.

15.             Authorization for submission of a grant application to Target Stores by Tulare County Health & Human Services Agency (HHSA), for funding in the amount of $2,000 to purchase books for the Reach Out and Read Program in our County Healthcare Centers.

 

Library

16.             Approve improvements and renovations to the Earlimart Branch of the Tulare County Library in an amount not to exceed $100,000. Accept grant funding in the amount of $55,000 from the American Recovery and Reinvestment Act, United States Department of Agriculture designed to renovate the Earlimart Branch Library. Approve the necessary budget adjustments. (4/5ths vote)

17.             Approve improvements and renovations to the Ivanhoe Branch of the Tulare County Library in an amount not to exceed $100,000. Accept grant funding in the amount of $55,000 from the American Recovery and Reinvestment Act, United States Department of Agriculture designed to renovate the Ivanhoe Branch Library. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

18.             Adopt the Revision of Mileage of Maintained County Roads identifying that Tulare County maintained mileage is 3,041.36 miles as of December 31, 2009. Direct the Clerk to the Board of Supervisors to return to the Resource Management Agency a Certified Copy of the Resolution to be filed with Caltrans.

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 09-003, from A-1 (Agricultural) to C-3-SC-SR (Service Commercial - Scenic Corridor - Site Review Combining) on a 1.70-acre parcel located at 16385 Avenue 296, between State Highway 198 to the south and Avenue 296 (Mineral King Avenue) to the north, approximately 150 feet east of the Farmersville Blvd. Overpass, north of the City of Farmersville (APN 111-180-051). Set a Public Hearing for May 11, 2010 at 9:30 a.m.

20.             Approve and award the contract to the lowest responsive and responsible bidder, Woods Bros. Inc. of Lemoore, California, in the amount of $1,403,368.38, for construction of the Earlimart Landfill Final Closure Construction project. Authorize the Chairman to sign the contract after 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 Contractors License. Allow funds for a contingency in the amount of $140,336.00 (10%) to cover unexpected construction conditions.

21.             Approve Program Supplement No. N045 to Administering Agency-State Agreement for Federal-Aid Project No. 06-5946R with the State of California, Department of Transportation, for the Road 232, Avenue 56 and Diagonal 134 Asphalt Concrete Overlay Project.

22.             Approve Program Supplement No. N046 to Administering Agency-State Agreement for Federal-Aid Project No. 06-5946R with the State of California, Department of Transportation, for the Avenue 384 Asphalt Concrete Overlay Project. Authorize the Chairman to sign Program Supplement No. N046 on behalf of the County of Tulare.

 

23.             Approve Program Supplement No. N047 to Administering Agency-State Agreement for Federal-Aid Project No. 06-5946R with the State of California, Department of Transportation, for the Avenue 384 Asphalt Concrete Overlay Project. Authorize the Chairman to sign Program Supplement No. N047 on behalf of the County of Tulare.

24.             Approve Program Supplement No. N048 to Administering Agency-State Agreement for Federal-Aid Project No. 06-5946R with the State of California, Department of Transportation, for the Avenue 232 and Road 56 Asphalt Concrete Overlay Project. Authorize the Chairman to sign Program Supplement No. N048 on behalf of the County of Tulare.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

25.             Approve the Plans, Special Provisions, Proposal and Contract for the Construction of the Betty Drive Avenue 312 Realignment and Improvement Project, Phase 2B (overpass over the Union Pacific Railroad tracks).

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Risk Management

26.             Approve an amendment to Agreement No. 23216 with Intercare Insurance Services for Workers' Compensation Claim Administration Services.

27.             Approve the renewal of the Property Insurance Program through the California State Association of Counties-Excess Insurance Authority (CSAC-EIA).

Sheriff/Coroner

28.             Approve the fixed asset and sole-source purchase of aviation surveillance equipment for County aircraft with subvented funds not to exceed $90,200. Authorize the necessary budget adjustments. (4/5ths vote)

29.             Ratify and accept a grant agreement in the amount of $119,607 from the California Emergency Management Agency for American Recovery and Reinvestment Act of 2009 for the Tulare County Clandestine Laboratory Unit, retroactive to March 1, 2010 through February 28, 2012. Find that the Board had authority to enter into the grant agreement as of March 1, 2010, and that it was in the County's best interest to enter into the agreement as of that date. Approve the necessary budget adjustments. (4/5ths vote)

30.             Ratify and accept a grant agreement in the amount of $313,492 from the California Emergency Management Agency for American Recovery and Reinvestment Act of 2009 supplemental funding for the Tulare County Inter-Agency Narcotics Enforcement Team (I-NET), retroactive March 1, 2010 through February 28, 2012. Find that the Board had authority to enter into the grant agreement as of March 1, 2010, and that it was in the County's best interest to enter into the agreement as of that date. Approve the Personnel Resolution to increase the position allocation of the Sheriff's Department by one (1) Deputy, effective May 3, 2010. Approve the necessary budget adjustments. (4/5ths vote)

31.             Ratify and accept a grant agreement from the California Emergency Management Agency for continued grant funding through the American Recovery and Reinvestment Act of 2009 for the Region V Anti-Gang Intelligence-Led Policing Program, retroactive to November 1, 2009 through October 31, 2012. Find that the Board had authority to enter into the grant agreement as of November 1, 2009, and that it was in the County's best interest to enter into the agreement as of that date. Approve the Personnel Resolution to increase the position allocation of the Sheriff's Department by one (1) Crime Analyst, effective May 3, 2010. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

32.             Request from the Sheriff's Department to approve an agreement with Project Lifesaver International to obtain equipment and training to more efficiently locate people with dementia and other disorders who wander away from private residences and caregiver facilities.

33.             Request from the Board of Supervisors to approve the funding awards of $5,000 for the Step Up Service Learning Grant Program to perform a service learning project with students from their schools as recommended by the Tulare County Youth Commission: Charter Alternative Academy, District One; Tulare Western High School, District Two; Visalia Charter Independent Study, District Three; Orosi High School, District Four; and La Sierra High School, District Five. Approve funding three (3) additional Service Learning grants with unspent funds from the Gang Administration Budget's training line item as follows: Farmersville High School; Citrus High School; and Granite Hills High School.

34.             Request from County Administrative Office to approve an amendment of Administrative Regulation No. 1 - Reimbursement of Employees' Expenses, which applies to elected officials and unrepresented employees immediately upon adoption by the Board of Supervisors, and to represented employees by bargaining unit upon completion of meet and confer for their unit.

(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: 2

Appeal of Zoning Administrator's Decision No. 3002 denying Zone Variance No. PZV 08-027 (ZA) requested by Robert J. Owen to allow a homesite parcel (.37 acres) from an original parcel (4.70 acres) containing less acreage than required in the AE-10 Zone on property south of Porterville. Board of Supervisors Agenda Item, April 27, 2010

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 2

Amending Transient Occupancy Tax Ordinance Board of Supervisors Agenda Item April 27, 2010

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: McKee, Richard P. et al., v. Tulare County Board of Supervisors, Tulare County Superior Court Case Number 10-236639

Next Item(s) Sitting as...

ITEM D

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 E

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 F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Amendment of Administrtive Regulation No. 1 - Reimbursement of Employees' Expenses.

Board of Supervisors Agenda Item on April 27, 2010.

Next Item(s) Sitting as...

ITEM G

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 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...