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

 

May 11, 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 Resource Management Agency to Certify that it has reviewed and considered the information contained in the Negative Declaration for the proposed Change of Zone No. PZ 09-003 in compliance with the California Environmental Quality Act of 1970, prior to taking action on the Change of Zone. Find there is not substantial evidence that said Change of Zone will have a significant effect on the environment and certify that the Negative Declaration has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the implementation of the California Environmental Quality Act of 1970, as amended. Adopt the findings for approval of the Change of Zone. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning 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). Direct the Clerk of the Board of Supervisors to publish the Ordinance and return the signed Notice of Determination to the Resource Management Agency.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 21)

 

 

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.                  Ratify and approve an agreement with the California Department of Food and Agriculture for providing State subvention to offset costs of Asian Citrus Psyllid Detection Trapping, retroactive to March 1, 2010 through September 30, 2010. Find that the Board had authority to enter into the proposed agreement as of March 1, 2010, and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote)

Board of Supervisors

5.                  Ratify a Proclamation Honoring Joe and Joey Airoso as the Tulare Kiwanis' Farmers of the Year.

6.                  Appoint Doug Woods to the Tulare County Emergency Medical Care Committee as Alternate, Seat 4, to serve at the pleasure of the Board.

7.                  Appoint Keith Watkins to the Tulare County Water Commission as At-Large Member, Seat 3, for a term ending April 30, 2012.

Child Support Services

8.                  Ratify and approve the Plan of Cooperation Agreement with the Superior Court of California, for the County of Tulare, Family Law Facilitator for a joint commitment in promoting child support services and providing procedural assistance to customers who are representing themselves in Family Court.

General Services

9.                  Approve an agreement for Purchase of Right Of Way, Temporary Construction Easement and Slope Easement from Frances L. Cutler and Frederick M. Cutler for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2B in the amount of $58,000. Authorize the County Administrative Officer, or his 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 $59,500 in favor of Chicago Title Company.

10.             Approve an agreement for Purchase of Right Of Way and Temporary Construction Easement from Randy E. Dugan and Jeannie Dugan for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2B in the amount of $92,500. Authorize the County Administrative Officer, or his 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 $94,000 in favor of Chicago Title Company.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

11.             Approve an agreement for Purchase of a Temporary Construction Easement from Jose Juan Santoyo for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2B in the amount of $1,000. Direct the Auditor to draw a warrant in the amount of $1,000 in favor of Jose Juan Santoyo.

12.             Approve an agreement for Purchase of a Temporary Construction Easement from Nicasia H. Ruiz, Joe H. Ruiz and Helen R. Gonzalez for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2B in the amount of $1,000. Direct the Auditor to draw a warrant in the amount of $1,000 in favor of Nicasia H. Ruiz, Joe H. Ruiz and Helen R. Gonzalez.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Health & Human Services Agency

13.             Adopt a Resolution proclaiming May as "Foster Parent Appreciation Month" in Tulare County.

14.             Approve the purchase of eleven (11) replacement vehicles for the Child Welfare Services (CWS) Division to replace high mileage and/or mechanically unsound vehicles, in an amount not to exceed $283,000. Approve the purchase of two (2) new vehicles for the Tulare County Probation Department, Restorative Justice Program from the Tulare County HHSA, CWS Division's budget in an amount not to exceed $52,000. Approve the purchase of one (1) new vehicle for the Tulare County Sheriff Department, Interagency Narcotics Enforcement Task Force Program from the Tulare County HHSA, CWS Division's budget in an amount not to exceed $32,310. Approve the necessary budget adjustments. (4/5ths vote)

15.             Ratify and approve the acceptance of the grant award from the California Emergency Management Agency (CAL-EMA), Recovery Act Justice Assistance Grant - Substance Abuse Offender Treatment Program (JAG-OTP) in the amount of $556,587 to provide substance abuse treatment for criminal offenders convicted of nonviolent drug offenses through the Offender Treatment Program (OTP), retroactive to October 1, 2009 through March 31, 2011. Find that the Board had authority to accept the grant award as of October 1, 2009 and that it was in the County's best interest to accept the grant award on that date. Approve the necessary budget adjustments. (4/5ths vote)

16.             Ratify and approve an amendment to Agreement No. 23831 with the State of California, Department of Water Resources in an amount not to exceed $249,984 to develop and implement a project for the management of historical and future groundwater data, retroactive to June 20, 2008 through May 15, 2011. Find that the Board had authority to enter into the proposed agreement as of June 20, 2008, and that it was in the County's best interest to enter into the agreement on that date.

17.             Approve an agreement with the State Water Resources Control Board in an amount not to exceed $173,465 for funding of the Local Oversight Program (LOP) that provides for local oversight of the investigation and remediation of leaking underground storage tanks in Tulare County from July 1, 2010 through June 30, 2011.

18.             Approve the Job Specifications for changes to the following classifications: Social Services Worker III-CWS, Lead Social Services Worker III-CWS, and Trainer - Child Welfare Services. Approve the request to re-title Child Welfare Services Team Leader classification to Child Welfare Services Supervisor classification (with no change in compensation or benefits). Approve the Job Specifications for the Child Welfare Services Supervisor classification. Approve the Personnel Resolution related to the Job Specifications listed in Requests 1 and 3 above, effective May 11, 2010.

Human Resources & Development

19.             Amend the Voluntary Time Off Program to allow the following: 1) employees to request to take a minimum of non-paid time off in one hour increments; 2) allow time to be taken in consecutive weeks within a pay period; 3) allow employees to take Voluntary Time Off (unpaid) prior to having to use Mandatory Time Off or Compensatory Time Off when a Temporary Office Closure is scheduled; 4) allow the Department Head to waive the two week notice requirement to request VTO; allow employees to take up to 120 hours in a calendar year upon departmental approval; and 6) authorize the Human Resources Department to meet and confer with Bargaining Units on the impacts of amendments to the Voluntary Furlough Program.

Probation

20.             Approve an amendment to Agreement Nos. 21655, 21719, 21687, 21659 and 21688 with Porterville Unified School District, Tulare Union High School District, City of Exeter, City of Visalia and City of Woodlake to provide the services of Probation Officers for the continued operation of the Delinquency Prevention Program effective July 1, 2010 through June 30, 2011.

Resource Management Agency

21.             Introduce and waive the first reading of an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No. PZ 09-006, from R-1 (Single-Family Residential) to P-O-SR (Professional and Administrative Office - Site Plan Review) and C-1-SR (Neighborhood Commercial - Site Plan Review Zone on 4.57 acres (APN 075-170-031) located in the Community of Goshen on the southeast corner of Avenue 312 (Riggin Avenue) and the alignment of Road 72. Set the Public Hearing for May 25, 2010 at 9:30 a.m.

(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 - 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 # 10-236639

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

Threats of litigation in the public record regarding the proposed Tulare County General Plan 2030 Update and Draft Environment Impact Report

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

Next Item(s) Sitting as...

ITEM D

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...