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


 

May 25, 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 on the Alliance Program with Office Depot and other government entities.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to adopt a General Plan Amendment GPA 09-005 of the 1978 Goshen Community Plan, on behalf of Self Help Enterprises and Family Health Care Network, to change the land use designation of approximately 4.57 acres from Residential to Community Commercial, located on the southeast corner of Avenue 312 (Riggin Avenue) and the alignment of Road 72. Certify that it has reviewed and considered the information contained in the Negative Declaration - Addendum prepared for this project, together with any comments received during the public review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, prior to taking action on the General Plan Amendment No. GPA 09-005 and Change of Zone No. 09-006. Find there is no substantial evidence that General Plan Amendment GPA 09-005 and the Change of Zone No. 09-006 will have a significant effect on the environment and determine that the Negative Declaration - Addendum prepared for said general plan amendment reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act of 1970 and the State Guidelines for the Implementation of the California Environmental Quality Act. Amend the Goshen Community Plan (GCP) as requested in GPA 09-005 from Residential to Community Commercial to allow for a medical and dental clinic with future offices located on the 4.57 acre site. Adopt the findings for approval for the General Plan Amendment as set forth in Planning Commission Resolution No. 8493. Adopt the findings for approval for the Change of Zone, as set forth in Planning Commission Resolution No. 8494. Waive the final reading and adopt 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. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to the Resource Management Agency for filing with the County Clerk.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to direct staff to continue to receive comments on the Draft Environmental Impact Report for the Avenue 280 Widening Project until the close of the comment period on June 21, 2010. Direct staff to prepare a response to the comments document as appropriate and to prepare the Final Environmental Impact Report. Direct staff to return to the Board of Supervisors to certify the Final Environmental Impact Report.

(Consent Calendar)

 

 

 

CONSENT CALENDAR (Number 6 through 28)

 

 

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

6.                  Ratify a Proclamation Recognizing the Peace Officers' Memorial in Tulare County.

7.                  Appoint Scott Spear, District 3 Representative to the Agricultural Advisory Committee for a term ending June 30, 2012.

County Counsel

8.                  Approve the 2010-2012 Joint Powers Agreement for legal services between County Counsel, Tulare County Office of Education and College of Sequoias.

9.                  Approve the reduction in workforce and direct County Counsel and Human Resources & Development to initiate the layoff process affecting one (1) filled position (County Counsel Services Analyst, Grade 19, $49,350-$60,146), effective June 25, 2010. Approve the Personnel Resolution to delete the position.

District Attorney

10.             Authorize the submission of an application for funding from the State Department of Social Services for In-Home Supportive Services Fraud Investigation and Program Integrity Efforts in the amount of $252,685 with a $53,600 match, for a total of $306,285 for Fiscal Year 2010/11.

General Services

11.             Approve an agreement for Purchase of Real Property from Frances V. Lazarus for the Betty Drive/Avenue 312 Realignment and Improvement Project - Phase 2B in the amount of $10,200. Authorize County Counsel to sign the Grant Deed/Slope Easement acceptance upon presentation. Authorize the County Administrative Officer, of 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 $11,700 in favor of Chicago Title Company.

12.             Approve an agreement for Purchase of Real Property from Kevin and Nina Kruse for the Betty Drive/Avenue 312 Realignment and Improvement Project - Phase 2B in the amount of $235,000. Authorize County Counsel to sign the Grant Deed/Slope Easement acceptance upon presentation. Authorize the County Administrative Officer, of 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 $236,500 in favor of Chicago Title Company.

13.             Approve an agreement for Purchase of Real Property from Family Healthcare Network for the Betty Drive/Avenue 312 Realignment and Improvement Project - Phase 2B in the amount of $1,500. Direct the Auditor to draw a warrant in the amount of $1,500 in favor of Family Healthcare Network.

Health & Human Services Agency

14.             Authorize the submittal of the application to the California Emergency Management Agency for the Fiscal Year 2010 Emergency Management Performance Grant in the amount of $201,238 to support comprehensive emergency management.

15.             Approve the Contractor Certification Clause for the Targeted Case Management Provider Participation Agreement, (Tulare County Agreement No. 23225).

16.             Approve adjustments to the Tulare County Health & Human Services Agency, Health Department budget for Fiscal Year 2009/2010 Health Department budget for Fiscal Year 2009/2010 in the amounts of $5,325 from the Maddy Fund and $215,884 from the Healthy Kids Program. Approve the necessary budget adjustments. (4/5ths vote)

17.             Approve an agreement with the California Department of Education in the amount of $5,700 for the Summer Food Service Program to reimburse Tulare County Environmental Health Services Division for conduction health and sanitation inspections of the food service facilities within Tulare County, for the period of June 15, 2010 to September 14, 2010.

18.             Ratify and approve an amendment to Agreement No. 23165 with the State Department of Alcohol and Drug Programs (ADP) to decrease the agreement by $4,650 from $14,968,711 to $14,964,061 for combined Drug/Medi-Cal and Net Negotiated Funds to provide substance abuse treatment and prevention programs, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009 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). Approve an agreement with the State Department of Alcohol and Drug Programs (ADP) in the amount of $16,146,924 for combined Drug/Medi-Cal (D/MC) and Net Negotiated Funds to provide substance abuse treatment and prevention programs for the period of July 1, 2010 to June 30, 2013.

19.             Approve and authorize the Personnel Resolution regarding allocation changes in the Health & Human Services Agency. Delete the following positions: one (1) HHS Unit Manager I; two (2) Prevention Services Coordinator II; one (1) Social Services Supervisor I; one (1) Nurse I-Supervisor; and one (1) Health Education Assistant. Add the following positions: one (1) Office Assistant IV; one (1) Public Health Emergency Preparedness Program Manager; two (2) Staff Services Analyst III; two (2) Social Services Worker III; one (1) Public Health Lab Manager; and one (1) Administrative Services Officer III.

Purchasing

20.             Approve the Personnel Resolution to increase the position allocation of the Purchasing Department by one (1) Surplus Store Clerk position, effective June 7, 2010. Approve the new job specification and compensation, Grade 350, ($34,174 Annual Step 5).

Resource Management Agency

21.             Set a Public Hearing on July 20, 2010 at 9:30 a.m. for consideration of sewer and water user fee adjustments for specific County Service Area Zones of Benefit (El Rancho, Delft Colony, Tonyville, Tooleville, Traver, Yettem and Wells Tract sewer systems and Delft Colony, Yettem and Wells Tract water systems). Approve the Notice of Public Hearing to be published and mailed to affected residents.

22.             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 08-011 (Raul & and Irene Santellan), from C-2-SC (General Commercial - Scenic Corridor) to C-3-SC-SR (Service Commercial - Scenic Corridor - Site Review Combining) on a 1.29-acre parcel located on the south side of Avenue 295 (Noble Avenue), approximately 1,160 feet west of Road 152, east of Visalia. Set a Public Hearing for June 15, 2010 at 9:30 a.m. Direct the Clerk of the Board of Supervisors to publish the Summary Ordinance in accordance with the law.

23.             Approve an agreement with the State of California, acting by and through the Department of Transportation for the exchange of Federal Transportation project funds amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year 2009/2010. Accept the $100,000 from the State as matching funds.

24.             Certify the cancellation fee of Partial Cancellation of Land Conservation Contract No. 10765, Case No. PAC 07-004, by Self Help Enterprises in the amount of $140,000 equal to 12 percent of the fair market value, as determined by the County Assessor, for 37.41 acres located on the south side of Avenue 312, one-half mile west of Road 76, within the northeastern portion of the community of Goshen (APN 075-170-031).

25.             Authorize the Auditor to make the necessary budget adjustments to establish a separate budget unit in the Aviation Fund and Department (012-231) for the deposit of monies by the Tulare County Association of Governments (TCAG), Tulare County, and the California Division of Aeronautics to provide for any processing or planning fees, professional services and other associated services for the Tulare County Airport Land Use Plan Update (CALUP Update). (4/5ths vote)

Sheriff/Coroner

26.             Approve amendments to Agreement Nos. 23775 (Kern County), 23776 (Madera County), 23778 (Mariposa County), and 23813 (Kings County) in the amount of $2,248 per agreement to extend the Region V Anti-Gang Intelligence-Led Policing Program from May 25, 2010, to October 31, 2012.

27.             Authorize the fixed-asset purchase of a replacement vehicle not to exceed $42,500. Approve the necessary budget adjustments. (4/5ths vote)

Workforce Investment Board

28.             Reappoint the following to the Workforce Investment Board of Tulare County Board of Directors for the terms ending May 31, 2010: William DeLain, Joe Hallmeyer, Kevin Cole, Carolyn Kehrli, Gary Germaine, Timothy Chaney, Carolyn Rose, Paul Saldana, Gil Aguilar, George Maness, Robert Alcazar and Sandra Bullard.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

29.             Request from the Resource Management Agency to receive an update on Batch Non-renewal of substandard non-prime parcels under Land Conservation Contracts less than 40 acres.

(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

Self Help Enterprise and Family Health Care Network Request for Amendment to the Tulare County Ordinance No. 352, the Zoning Ordinance, for PZ 09-006 and General Plan Amendment GPA 09-005. Board of Supervisors Agenda Item May 25, 2010.

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Kennedy, Laura dba Sugar Daddy's Gentleman's Club v. County of Tulare

Tulare County Superior Court Case Number 08-229065

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: 2

Proposals pertaining to Modification of the County of Tulare's Williamson Act Program, including but not limited to possible non-renewal of Williamson Act contracts

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: 2

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: 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 G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9(c).)

Number of Potential Cases: 4

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 075-050-023, 075-050-024, 075-050-025, 075-050-030

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Kevin Kruse and Nina Kruse

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 075-170-024, 075-170-025, 075-170-026, 075-170-027, 075-170-028

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Triple D Ranch L.P.

Under Negotiation: Price and Terms of Payment

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...