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

 

July 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.                  Present a Proclamation to Target Stores: Visalia North, Store No. 2469 and Tulare, Store No. 2349 in appreciation for donations totaling $4,000 for the Reach Out and Read Program. Authorize the Tulare County Health & Human Services Agency to receive a donation in the amount of $2,000 for the Visalia Health Care Center in Visalia and to receive a donation of $2,000 for the Tulare County Pediatrics Health Care Center in Tulare for the Reach Out and Read Program from Target Stores (Total Donation of $4,000). Authorize the Tulare County Health & Human Services Agency to use the $4,000 donation to purchase books for the Reach Out and Read Program in our County Health Care Centers.

2.                  Presentation given by the Sierra Nevada Conservancy on funds available through the Proposition 84 Grant Program.

3.                  Request from the Board of Supervisors to approve a Resolution in support of the Sierra Nevada Conservancy's Sustainable Sierra Nevada Initiative.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from Resource Management Agency to continue the appeal filed by Robert J. Owen to September 14, 2010 at 9:30 a.m., pending the adoption of an Amendment to Section 15.D.2 of the Tulare County Zoning Ordinance pertaining to Division of Land Exceptions in Agricultural Zones (Homesite Parcel Ordinance), 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.

7.                  PUBLIC HEARING: Request from Resource Management Agency to review and receive public comment on the Annual Grantee Performance Reports for Grant Nos. 06-STBG-2598, 07-EDEF-3721, 08-EDEF-5894, 09-STAR-6387, 09-STBG-6419, and the Program Income Revolving Loan Account, and receive comments regarding the closeout of Tulare County Community Development Block Grant Nos. 06-STBG-2598 and 08-PTAG-5366. Approve the Annual Grantee Performance Reports and authorize the Chairman of the Board to sign the reports for submittal to the State Department of Housing and Community Development. Authorize the County Administrative Officer to sign the final closeout certification documents and accept the final products. Authorize submittal of all signed closeout documents to the State Department of Housing and Community Development.

(Consent Calendar)

 

 

 

 

 

 

CONSENT CALENDAR (Number 8 through 27)

 

 

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 for providing State subvention funding up to $154,217 to offset costs of pest detection trapping for exotic insect pests, 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.

Board of Supervisors

9.                  Approve sending a letter of support for H.R. 5645 (Nunes), which would instruct the Director of National Drug Control Policy to submit to Congress a Federal Lands Counterdrug Strategy and would enhance penalties for certain drug offenses on Federal lands.

10.             Approve a change in the grant award, as requested by Citrus High School, from $5,000 to $3,500 due to a change in the scope of work.

Child Support Services

11.             Approve the Proclamation to recognize and acknowledge the month of August 2010 as Child Support Awareness Month.

County Counsel

12.             Ratify and approve the purchase of Optional Excess Liability Insurance with California State Association of Counties - Excess Insurance Authority, retroactive to July 1, 2010. Find that the Board had authority to purchase the Optional Excess Liability Insurance as of July 1, 2010, and that it was in the County's best interest to purchase the insurance on that date.

General Services

13.             Accept the Irrevocable Offer to dedicate real property along the alignment of Avenue 310 near Goshen that was offered for dedication by Irrevocable Offer to Dedicate Real Property recorded in the office of the Tulare County Recorder on February 8, 2006 as Document No. 2006-0012616 of Official Records.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

14.             Approve the Real Property Purchase Contract for Temporary Construction Easements with Midstate Hayes 184 Distribution Center, LLC for the Betty Drive/Avenue 312 Realignment and Improvement Project - Phase 2A in the amount of $5,100. Direct the Auditor to draw a warrant in the amount of $5,100 in favor of Midstate Hayes 184 Distribution Center, LLC.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Health & Human Services Agency

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

16.             Authorize the submittal of the application for the Fiscal Year 2010 State Homeland Security Grant Program, not to exceed $975,720 to enhance the ability to prepare for, prevent, respond to, and recover from terrorist attacks and other disasters.

17.             Ratify and approve an amendment to Agreement No. 24233 with the City of Porterville for the Recycle-Only Household Hazardous Waste 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.

18.             Ratify and approve an agreement with Family Services of Tulare County, Inc. in an amount not to exceed $233,250 to provide an intensive supervised visitation program for foster children in Tulare County, 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.

Information Technology

19.             Ratify and approve the annual renewal of license and maintenance agreements with Service-now.com to provide use licenses and maintenance support for the Service-now.com product in the amount of $104,580, 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

20.             Ratify and approve an amendment to Agreement No. 23955 with the U.S. Department of Justice for the distribution, maintenance and use of seized and forfeited drug assets, 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.

Resource Management Agency

21.             Authorize the submittal of an application to the California Emergency Management Agency in the amount of $112,761 for Proposition 1B funding for Transit System security enhancements.

22.             Request that the California Department of Transportation (Caltrans) change the function classification of Richgrove Drive between County Line Road (Avenue 0) and Sierra Avenue (Avenue 56) from minor collector to major collector as identified. Direct Resource Management Agency (RMA) staff to submit to the Tulare County Association of Governments (TCAG) a request for concurrence of the requested change. Direct RMA staff, upon receipt of concurrence by TCAG, to submit the requested change to Caltrans.

23.             Introduce and waive the first reading of an amendment to Section 15.D.2 of the Tulare County Zoning Ordinance No. 352, pertaining to Division of Land Exceptions in Agricultural Zones as recommended by the Planning Commission. Direct the Clerk of the Board to publish the Summary Ordinance. Set a Public Hearing for August 10, 2010 at 9:30 a.m.

24.             FOR INFORMATION ONLY: Bid Opening results for the Construction of Road 80 from North of Avenue 328 to St. Johns River including Bridge & Culvert Extensions.

Contractor

TOTAL BASE BID

Teichert Construction

$3,961,768.00

R.J. Berry

$3,968,589.30

American Paving Company

$4,106,612.00

Emmett's Excavation, Inc.

$4,119,427.00

Lee's Paving, Inc.

$4,180,922.45

Construction Development Systems

$4,523,855.50

Granite Construction Company

$4,632,366.00

 

 

Engineers Estimate

$6,807,585.40

 

Sheriff/Coroner

25.             Approve a Memorandum of Understanding with Sequoia and Kings Canyon National Parks, National Park Service, United States Department of Interior for cooperative law enforcement assistance, effective when executed by the last party and remaining in effect until terminated by either party.

26.             Ratify and approve an amendment to Agreement No. 23774 with the California Emergency Management Agency to extend the term for the Tulare County Sexual Assault Felony Enforcement grant, retroactive to July 1, 2008 through June 30, 2011. Find that the Board had the authority to enter into the proposed amendment on June 25, 2010, and that it was in the County's best interest to enter into the amendment on that date.

27.             Ratify and approve an amendment to Agreement No. 24026 with the California Emergency Management Agency to extend the term for a California Multi-jurisdictional Methamphetamine Enforcement Team grant, retroactive to July 1, 2008 through June 30, 2011. Find that the Board had the authority to enter into the proposed amendment on June 29, 2010, and that it was in the County's best interest to enter into the amendment on that date.

(Items Not Timed)

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

28.             Receive a report from the Resource Management Agency regarding major road projects scheduled for construction in Fiscal Year 2010/11.

(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

Appeal by Robert J. Owen re Zoning Administrator denying Zone Variance No. PZV 08-027 to allow creation of a 0.37-acre homesite parcel from an original parcel (4.70 acres) containing less than acreage required in the AE-10 Zone on property located east of Road 252 (Plano Street), south of Porterville. Board of Supervisors Agenda Item, July 27, 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: 4

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

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ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: Premises situated at the Sequoia Field Airport ("the Airport") known as the South Hangar (except for storage along the west side of the hangar), the shop area located at the northwest corner of the South Hangar, ramp areas (400' x 150') south of the South Hangar, and the storage areas in the North hangar along the west side (130' x 20') along the east side (50' x 30") ("the Premises")."(Street Address, Parcel or Other Unique Description)

Agency Negotiator: Jean Rousseau, Robert Newby

Negotiating Parties: TBM Inc

Under Negotiation: Price and Terms of Payment

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ITEM D

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

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ITEM E

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

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ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Lawana Stafford vs. County of Tulare

Workers' Compensation Appeals Board Number: FRE 0167615

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ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Arthur Garcia vs. County of Tulare

Workers' Compensation Appeals Board Number: ADJ 2513993

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ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: A. E. v. County of Tulare, et al

United States District Court Case Number: 1:09-CV-02204-LJO-DLB

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ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Paula Borgioli v. County of Tulare, et al

United States District Court Case Number: 1:08-CV-00857-LJO-SMS

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ITEM J

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

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