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

 

June 15, 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.                  Recognize Tulare County Firefighters for decades of public service.

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 certify that it has reviewed and considered the information contained in the Mitigated Negative Declaration for the proposed 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, 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 Change of Zone. Find there is no substantial evidence that said Change of Zone will have a significant effect on the environment and determined that the Mitigated Negative Declaration reflects the independent judgment of the County 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 for the Change of Zone. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance. 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.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to deny the appeal filed by the City of Tulare regarding Special Use Permit No. PSP 09-005/PZV No. 08-030(ZA) SA Recycling/Central Valley Recycling Facility. Uphold the Planning Commission's acceptance of a Mitigated Negative Declaration as the appropriate document and adopting the Mitigation Monitoring Plan for a Special Use Permit (PSP 09-005), to allow SA Recycling Solid Waste Recycling Operation and Zone Variance [PZV 08-030 (ZA)] to allow a block wall up to ten feet in height on the side and rear yard property boundaries. Uphold the Planning Commission's conditional approval of a Special Use Permit (PSP 09-005). Uphold the Planning Commission's conditional approval of a Zone Variance [PZV 08-030 (ZA)] on 14.10 acres in the M-1 (Light Manufacturing) Zone, on property located on the south side of Avenue 232 (Tulare Drive/Tulare Avenue), approximately 2,000 feet west of Road 92 (West Street), west of Tulare.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

6.                  PUBLIC HEARING: Request from Resource Management Agency to approve an application for funding from the State Department of Housing and Community Development 2010 Community Development Block Grant General Allocation. Review and approve submittal of the application for up to $800,000 in funding to be distributed as follows: General Program Administration ($60,000); and Pixley Pedestrian Safety and Air Quality Project ($740,000). Determine that Citizen Participation requirements were met during the development of the application. Authorize commitment and expenditure of Tulare County Redevelopment Agency (TCRA) funds in the amount of $120,000 from the Pixley Project Area Budget No. RP3-RP3-2000 to be used as local leverage for the 2010 Community Development Block (CDBG) Grant Application. Approve the use of Local Leverage Staff In-kind Funding Sources in the amount of $12,500 to be used as leverage for the application. Find that leveraging financial resources for improvement work in the community: (a) is consistent with the adopted Redevelopment Plan; (b) implements the affected redevelopment plan by assisting in the eradication of economic blight; (c) is consistent with the current Implementation Plan adopted in 2008, pursuant to Health and Safety Code 33131 (a) and (c) and 33133; and (d) will directly benefit low- or moderate-income persons. Find that there are 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 this purpose. Approve the commitment of CDBG Program Income in an amount up to $1,000 for the activities proposed in the application. Authorize and direct the Chairman of the Board to sign the completed application and accompanying documents on behalf of the County. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this application. Authorize and direct the Chairman of the Board of Supervisors to enter into and sign the Standard Agreement, and any subsequent amendments thereto, with the State of California for the purpose of this grant, subject to County Counsel approval as to form. Authorize and direct the Resource Management Agency Assistant Director of Administration and Community Development or Manager of the Community Development and Redevelopment Division to sign Funds Requests and other program-supporting documentation. Review the 2011-2012 Project Consideration List. Adopt changes to the Neighborhood Stabilization Program Acquisition and Rehabilitation Guidelines.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 38)

 

 

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

7.                  Approve projects recommended by the Tulare County Fish and Game Commission in the amount of $12,940 for Fiscal Year 2010/2011. Authorize the Agricultural Commissioner to approve disbursement of funds for these upon adoption of the Fish and Game Propagation Program. Approve the Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and direct the Clerk of the Board to file the Notice of Exemption with the County Clerk-Recorder.

8.                  Approve an amendment to Agreement No. 22018 with Harley D. Greenwood to extend the term of the agreement to August 1, 2013 to provide microcomputer and software support services.

9.                  Approve an agreement with the California Department of Food and Agriculture for disbursement of funds, up to the maximum agreement amount of $6,285 for costs incurred in the enforcement of the California Organic Foods Act, effective July 1, 2010 through June 30, 2011.

Auditor/Controller

10.             Authorize the Auditor/Controller to transfer to the General Fund, pursuant to Government Code 50050, 50053 and 50055, unclaimed funds currently in the Sheriff, Public Defender and Tax Collector's special fund accounts.

Board of Supervisors

11.             Appoint Jeff Gletne, Environmental Group Representative, Tony Souza, At-Large Member and William (Bill) Rowley, District 4 Representative to the Agricultural Advisory Committee for terms ending June 30, 2014.

12.             Appoint David Harrald to the Measure R Citizen's Oversight Committee, County Member, for a term ending June 30, 2012.

Cooperative Extension

13.             Approve the fixed asset purchase of a replacement utility vehicle in an amount not to exceed $12,000. Approve the necessary budget adjustments. (4/5ths vote required)

County Administrative Office

14.             Ratify actions taken by the County Administrative Officer during the month of May 2010 regarding Personnel/Payroll changes and Good Works funding agreements.

15.             Approve an amendment to Agreement No. 21234 with First 5 Tulare County for support services for the period of July 1, 2010 through June 30, 2011.

16.             Authorize the County Administrative Officer to approve transfers of appropriations within any budget unit or sub-object account for Fiscal Year ending June 30, 2010, except when such action would increase appropriations for capital assets by more than $1,000.

17.             Approve the Tulare County Association of Governments (TCAG) Joint Powers Agreement among the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, and Woodlake (the "Cities") and the County of Tulare (the "County"). Approve Amendment One to the TCAG Joint Powers Agreement among the Cities and the County. Approve Amendment Two to the TCAG Joint Powers Agreement among the Cities and the County. Execute ten (10) originals of the Joint Powers Agreement (JPA), including Amendments approved by all parties and leaving the date blank with the understanding that the effective date will be the date the JPA is executed by the last party.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

 

General Services/Property Management

18.             Approve the Real Property Purchase Contract for a Temporary Construction Easement with Charles M. Walder and Elizabeth Walder, Gordon Jacobson and Ellen L. Jacobson, Marilyn T. Doe, Russell M. Doe, John W. Wonder, and Peter C. Wonder for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2A in the amount of $500. Direct the Auditor to draw a warrant in the amount of $500 in favor of Charles M. Walder and Elizabeth Walder, Gordon Jacobson and Ellen L. Jacobson, Marilyn T. Doe, Russell M. Doe, John W. Wonder, Peter C. Wonder.

19.             Approve the Real Property Purchase Contract for a Temporary Construction Easement with Charles M. Walder and Elizabeth Walder, Gordon Jacobson and Ellen L. Jacobson, Marilyn T. Doe, Russell M. Doe, John W. Wonder, Peter Charles Wonder and Nancy Lyn Wonder for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2A in the amount of $500. Direct the Auditor to draw a warrant in the amount of $500 in favor of Charles M. Walder and Elizabeth Walder, Gordon Jacobson and Ellen L. Jacobson, Marilyn T. Doe, Russell M. Doe, John W. Wonder, Peter Charles Wonder and Nancy Lyn Wonder.

20.             Approve the Real Property Purchase Contract for a Temporary Construction Easement with Russell Tupper Doe, Elizabeth Malloch Doe, Russell M. Doe, Joseph Oldenbourg and Catherine S. Doe for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2A in the amount of $500. Direct the Auditor to draw a warrant in the amount of $500 in favor of Russell Tupper Doe, Elizabeth Malloch Doe, Russell M. Doe, Joseph Oldenbourg and Catherine S. Doe.

21.             Approve the Real Property Purchase Contract for a Temporary Construction Easement from Self Help Enterprises for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2A in the amount of $1,300. Direct the Auditor to draw a warrant in the amount of $1,300 in favor of Self Help Enterprises.

22.             Approve the Real Property Purchase Contract for a Temporary Construction Easement with California Water Service Company for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2A in the amount of $850. Direct the Auditor to draw a warrant in the amount of $850 in favor of California Water Service Company.

23.             Approve the Real Property Purchase Contract for Right of Way and a Temporary Construction Easement with Mary L. Jimenez for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2A in the amount of $10,900. Authorize County Counsel to sign the Grant Deed acceptance upon presentation. Authorize the Chairman 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 $12,400 in favor of Chicago Title Company.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

 

Health & Human Services Agency

24.             Approve adjustments to the Tulare County Health & Human Services Agency, Health Department budget for Fiscal Year 2009/2010 in the amount of $6,319 from the Tobacco Fund. Approve the necessary budgets adjustments. (4/5ths vote required)

25.             Approve an amendment to Agreement No. 23800 with Arieh R. Whisenhunt, M.D. in an amount not to exceed $200,000 to extend the term of the agreement to June 30, 2011 for the provision of telepsychiatry services.

26.             Approve an amendment to Agreement No. 23346 with Sterling Security Service in an amount not to exceed $1,811,700 to extend the term of the agreement to June 30, 2012 for the provision of security guard services at various County locations.

27.             Ratify and approve the Tulare County Purchasing Agent amending Professional Services Agreement No. 4860 with Richard Fair, M.D. to increase the maximum amount of the agreement by $50,000 from $100,000 to $150,000 for the provision of providing on-call medical services for Tulare County Health & Human Services Agency clients, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to amend Professional Services Agreement No. 4860 as of July 1, 2009, and that it was in the County's best interest to amend the Professional Services Agreement on that date. Ratify and approve an agreement with Richard Fair, M.D. to continue the provision of providing on-call medical services for Tulare County Health & Human Services Agency clients in the amount of $160,000, retroactive to January 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of January 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

28.             Approve an amendment to Agreement No. 21757 with Omni-Means, Ltd. for Planning, Preliminary Engineering, Preliminary Right of Way and Environmental Services for the Avenue 280 Widening Project to extend the time to complete services under this agreement to December 31, 2011.

29.             Approve the transfer of ownership of Surface Mining Permits and Reclamation Plans for two mine sites (California Mine ID Nos. 91-54-0006 and 91-54-0036) from Kaweah River Rock, Inc. and Kaweah South Limited Partnership to Santa Fe Aggregates, Inc. relinquishing Kaweah River Rock Co. and Kaweah South Limited Partnership from any further responsibility originating from said permits, including the Conditions of Approval and approved Financial Assurances.

30.             Approve the purchase of two used transit buses for the LOOP Program in the amount of $130,000. Grant a waiver of the bid process and authorize the Purchasing Agent to purchase two buses on behalf of the County. Approve the necessary budget adjustments. (4/5ths vote required)

 

 

31.             Approve and award the contract to the lowest responsive and responsible bidder, W. Jaxon Baker, Inc of Redding, California, in the amount of $3,592,963.34 for construction of the Asphalt Concrete Overlay on Avenue 56; Road 232; Diagonal 134 and Avenue 192 Construction Project. Authorize the Chairman to sign the contract, 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 Contractors License. Allow funds for a contingency in the amount of $359,296 (10%) to cover unexpected construction conditions and construction engineering.

32.             Approve and award the contract to the lowest responsive and responsible bidder, W. Jaxon Baker, Inc. of Redding, California, in the amount of $ 4,121,297.50 for construction of the Asphalt Concrete Overlay on Avenue 232 and Road 56 Construction Project. Authorize the Chairman to sign the contract, 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 Contractors License. Allow funds for a contingency in the amount of $412,130 (10%) to cover unexpected construction conditions and construction engineering.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

33.             Authorize submittal of a 2010 CalHome Grant application for $1,000,000 in response to the Notice of Funding Availability (NOFA) issued on April 19, 2010, for implementation of an Emergency Repair Program and a First-Time Homebuyer Mortgage Assistance Program in the Tulare County Redevelopment Project Areas of Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center, Richgrove and Traver. Adopt the CalHome Emergency Repair Program Guidelines. Adopt the CalHome First-Time Homebuyer Mortgage Assistance Guidelines. Agree that if the application for funding is approved, the County will use the CalHome funds for eligible activities in the manner presented in the application as approved by the State Department of Housing and Community Development (HCD) and in accordance with Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code. Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004. Authorize the Chairman of the Board to execute in the name of the County of Tulare, the application, the Standard Agreement, any amendments there to, and all other documents required by HCD for participation in the CalHome Program, subject to County Counsel review and approval. Authorize and direct the Resource Management Assistant Director of Administration and Community Development or Manager of the Community Development and Redevelopment Division to sign Funds Requests and other required reporting forms. Authorize the commitment of Tulare County Redevelopment Agency (TCRA) funds in the amount of $50,000 from the following Redevelopment Project Areas: Cutler-Orosi ($15,000), Earlimart ($10,000), Goshen ($15,000), and Pixley ($10,000), for administration of the 2010 CalHome Grant. Find that financing administration of a grant that will alleviate serious health and safety issues in these communities is (a) consistent with the adopted Affordable Housing Component and the Redevelopment Plans for Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center, Richgrove and Traver; (b) implements the affected Redevelopment Plans by assisting in the eradication of blight caused by deteriorated and dilapidated housing units; and (c) is consistent with the affected Implementation Plans adopted pursuant to Health and Safety Code 33590. Find that there are no other reasonable available means of financing grant administration and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

34.             Approve the fixed asset purchase of a Forensic Computer in an amount not to exceed $8,500 for the Sexual Assault Felony Enforcement Program. Approve the necessary budget adjustments. (4/5ths vote required)

35.             Approve an equipment grant valued at $4,300 from Project Lifesaver International to obtain equipment to more efficiently locate people with dementia and other disorders who wander away from private residences and caregiver facilities. Authorize the Chairman to sign a Letter of Intent to obtain the grant equipment.

36.             Ratify and approve an amendment to Agreement No. 23119 with the United States Army Corps of Engineers for law enforcement services at Kaweah Lake Recreation Area, retroactive to April 30, 2010 through September 6, 2010. Find that the Board had the authority to enter into the proposed agreement as of April 30, 2010, and that it was in the County's best interest to enter into the agreement on that date.

37.             Approve an agreement with the U.S. Department of Justice, Drug Enforcement Administration, Organized Crime Drug Enforcement Task Force, effective through September 30, 2010.

38.             Approve a Memorandum of Understanding with the California State Sheriff's Association for the implementation of the Victim Information Notification Everyday (VINE) Program that provides victims of a crime updates on the location of the offenders who committed the crime.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

39.             Request from the County Administrative Office to approve an agreement with Carpi Clay & Smith to provide Federal legislative services in the amount of $84,000 for one year. Authorize the Chairman of the Board to sign the agreement, subject to review and approval as to form by County Counsel.

40.             Request from the County Administrative Office to approve an agreement with Strategic Local Government Services, LLC to provide State legislative services in the amount of $55,000 for one year. Authorize the Chairman of the Board to sign the agreement, subject to review and approval as to form by County Counsel.

(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

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 on the south of Avenue 295 (Noble Avenue), west of Road 152, east of Visalia. Board of Supervisors Agenda Item June 15, 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: 2

City of Tulare Appeal of SA Recycling Special Use Permit No. PSP 09-005 for solid waste recycling operation and Zone Variance No. PZV 08-030 (ZA). Board of Supervisors Agenda Item June 15, 2010.

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: 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 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 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...