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, AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

July 13, 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 George Lemon for his dedicated service as an Assessment Appeals Board member.

2.                  Present a Proclamation Honoring the work of Donald Robinson, M.D. for his service to Tulare County.

3.                  Recognize David Crawford upon his retirement for his 33 years of County service.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

(Timed Items)

 

6.                  PUBLIC HEARING: Request from the Resource Management Agency to consider and approve placement of County Service Area No. 1 and County Service Area No. 2 delinquent sewer and water service fees, delinquent penalties and Auditor's collection charges on the 2010/2011 Tax Rolls.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

7.                  PUBLIC HEARING: Request from the Resource Management Agency to consider and approve placement of Terra Bella Sewer Maintenance District delinquent sewer service charges, delinquent penalties and Auditor's collection charges on the 2010/2011 Tax Roll.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 8 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.

 

Agricultural Commissioner/Sealer

8.                  Ratify and approve an agreement with the California Department of Food and Agriculture to provide services supporting the eradication of the Japanese Dodder, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

9.                  Ratify and approve an agreement with the California Department of Food and Agriculture to provide state subvention in the amount of $169,402 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 required)


Auditor-Controller/Registrar of Voters

10.             Authorize the County Auditor-Controller, in coordination with the County Administrative Officer, to sign necessary agreements and documents related to the issuance of a line of credit with Union Bank of California for up to $55 million, subject to approval as to form by County Counsel.

11.             Approve the candidate statement regulations and printing fees for the November 2, 2010 General Election. Require each candidate filing a statement to pay the estimated cost in advance. The estimated cost will be adjusted to actual upon completion of the election. Candidates will be refunded or billed for the difference. Limit each candidate's statement to no more than 200 words for County Offices and 250 words for State Offices.

12.             Accept the Certified Statement of Vote as submitted by the Registrar of Voters for those Offices/Measures for which the Board of Supervisors is the Governing Body.

Board of Supervisors

13.             Ratify the following Proclamations: Honoring Jerry Magoon upon his Retirement from the Tulare Improvement Program; Honoring Carla Sousa upon her Retirement as 4-H Youth Development Advisor - UC Cooperative Extension Tulare County; and Honoring Marcella K. Smith upon her Retirement from the Earlimart Elementary School District.

14.             Approve sending a letter of support to the State Historical Resources Commission in support of an amendment to update information contained in the original National Register nomination for Wilsonia Historic District.

15.             Approve funding a Service Learning grant in the amount of $5,000 to Tech Prep High School in Supervisorial District Two. Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

County Administrative Office

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

General Services/Property Management

17.             Approve an agreement for Purchase of Real Property/Right of Way/Temporary Construction Easement from Del Valle Capital Corporation for the Road 80 Widening Project in the amount of $18,000. 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 $19,500 in favor of Chicago Title Company.

18.             Approve an amendment to Lease Agreement No. 20044 with Ennis Commercial Properties, LLC for office space located at 259 N. Main in Porterville for the Department of Child Support Services.

19.             Approve Access License and Road Maintenance Agreement with Mitch Brown and Daniel Weisenberger over County owned property.

Health & Human Services Agency

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

21.             Authorize the Tulare County Health & Human Services Agency, Environmental Health Division to apply for funds under the Used Oil Payment Program Cycle 1 from the California Department of Resources Recycling and Recovery (CalRecycle).

22.             Ratify and approve an amendment to Tulare County Purchasing Agent Professional Services Agreement No. 4867 with Unilab Corporation d.b.a Quest Diagnostics to increase the maximum amount of the agreement by $20,500 from $99,500 to $120,000 for the provision of clinical laboratory services, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to amend Professional Services Agreement No. 4867 as of July 1, 2009 and that it was in the County's best interest to amend the Professional Services Agreement on that date.

23.             Ratify and approve an agreement with Maximus, Inc. to allow Tulare County Health & Human Services Agency to provide workspace to Maximus, Inc. for the preparation and presentation of the Health Care Options (HCO) Program for the State of California, retroactive to January 1, 2007 through December 31, 2012. Find that the Board had authority to enter into the proposed agreement as of January 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

24.             Ratify and approve an increase in Agreement No. 24121 by $367,290 from $478,527 to $845,817 with Health Net of California, Inc. to continue providing and/or arranging medical, vision, and mental health services for the Tulare Healthy Kids 6-18 Program, retroactive to April 1, 2010 through November 1, 2010. Find that the Board had authority to approve an increase in Agreement No. 24121 as of April 1, 2010 and that it was in the County's best interest to approve the increase on that date.

25.             Ratify and approve an amendment to Agreement No. 21706 with Tulare County Superintendent of Schools in an amount not to exceed $367,475 for the administration of the More Opportunities for Viable Employment (MOVE) Program, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010 and that it was in the County's best interest to enter into the agreement on that date.

Probation

26.             Ratify and approve an amendment to Agreement No. 21680 with Earlimart School District to provide the services of a Probation Officer for the continued operation of the Delinquency Prevention Program, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed amendment agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

27.             Accept grant funding in the amount of $27,538 from the State of California, Corrections Standards Authority for Fiscal Year 2010/2011. Ratify and approve an agreement with the State of California, Corrections Standards Authority for the Juvenile Accountability Block Grant Program, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the agreement as of July 1, 2010, and that it was in the best interest to enter into the agreement on that date.

Resource Management Agency

28.             Approve Plans and Specifications, Special Provisions, Proposal and Contract for the Richgrove Green Alleys Project. Authorize the Chairman of the Board to sign the Plans. Authorize the advertisement for bids for the project. Set the bid opening date for Wednesday, August 4, 2010 at 11:00 a.m. in the Board Conference Rooms A & B.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

29.             Approve the Plans, Specifications, Special Provisions, Proposal and Contract for the Construction of the Betty Drive Avenue 312 Realignment and Improvement Project. Authorize the Chairman of the Board of Directors to sign the Plans, pending approval as to form by County Counsel. Authorize the advertisement for bids for the project. Set the bid opening date for Wednesday, August 18, 2010 at 10:00 a.m. in the Board Conference Rooms A & B.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

30.             Approve an amendment to Agreement No. 24257 with the California Emergency Management Agency (CalEMA) to extend the term of the agreement through December 31, 2010 for the Residential Substance Abuse Treatment Program that focuses on drug addiction, life skills, and re-entry for inmates meeting the established criteria for participation.

Workforce Investment Board

31.             Ratify and approve an agreement with the State of California Employment Development Department in the amount of $2,776,150 for Workforce Investment Act Youth programs, retroactive to April 1, 2010 through June 30, 2012. Find that the Board had 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

 

32.             Request from the Resource Management Agency to Amend Resolution No. 2010-0458 to include Agricultural Zone Districts in the Solar and Wind Electrical Generation Facilities of Tulare County Zoning Ordinance No. 352.

33.             Request from the Resource Management Agency to receive a staff report, presentation and direct staff to prepare criteria considerations for Public and Private Utility Structures located on Agricultural Zoned Lands and refer to Agricultural Advisory Committee and Planning Commission for recommendation to the Board. Accept the two tier process for public and private utility applications on agricultural zoned lands: First level review where public and private utility structures are located on non-Williamson Act contracted lands subject to a Special Use Permit and Developer Agreement; Second level review where public and private utility structures are located on Williamson Act contracted lands subject to a Special Use Permit, and Developer Agreement and findings of compatibility.

34.             Request from Resource Management Agency to concur with Resource Management Agency's re-organization of the discretionary permit processing procedures to include a pre-application process and the elimination of the Zoning Administrator and Site Plan Review Committee Hearings.

35.             Request from the Resource Management Agency to approve GPI 09-001 to allow Mr. Bill Ballow to proceed with a General Plan Amendment application to change the land use designation of approximately 91 acres from Foothill Agriculture to Development Corridor within the Foothill Growth Management Plan located on the north side of Worth Drive, north of Bartlett Park and west of Success Dam, east of the City of Porterville. The change of zone would be from Foothill Agriculture to Planned Development - Foothill - Special Mobilehome.

(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

Establish Findings of Compatibility for Solar and Wind Electrical Generation Facilities located on Williamson Act Contracted Lands

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 - 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 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 - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9(c).)

Number of Potential Cases: 1

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, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected.

Next Item(s) Sitting as...