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,

THE TULARE COUNTY FLOOD CONTROL DISTRICT,

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY, AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

September 21, 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 regarding Tulare County Adult Drug Court.

2.                  Presentation given by Joe Shoultz and Julio Perez with Watch Systems LLC (Offender Watch) to recognize and award recipients from the Sheriff's Department for their contributions to the program.

3.                  Public Comments.

4.                  Board of Supervisors matters.

 

 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

5.                  Request from General Services/Property Management to authorize land previously declared surplus to be offered for sale "as is".  Authorize the receipt of sealed bids for the purchase of said land for cash price not less than $184,500 by the office of the Clerk of the Board of Supervisors, County Administration Building, 2800 Burrel, Visalia, CA  93291, until November 9, 2010, at the hour of 9:30 a.m., at which time they will be publicly opened, declared, and considered by this Board.  Receive oral bids from responsible persons for not less than 5% more than the highest acceptable sealed bid Immediately following the opening of sealed bids.  Receive and consider oral bids for not less than the minimum sale price specified above if no sealed bid is received.  Accept the highest conforming bid from a responsible person, or reject all bids and withdraw the land from sale, with or without re-advertising for bids.  Authorize the General Services Manager to publish this Resolution for at least 21 days in the manner required by Government Code Section 6063, pursuant to Government Code Section 25528.  Authorize the General Services Manager to post this Resolution in at least three public places in Tulare County at least 15 days before the date designated above for the opening bids, and, subject to budgetary constraints, may purchase such other advertising as deemed necessary to best publicize the sale.

6.                  PUBLIC HEARING:   Request from the Resource Management Agency to continue the public hearing to December 7, 2010 for appeal of Planning Commission Resolution Numbers 8475, 8476 and 8477 for Special Use Permit PSP 09-005 for SA Recycling's solid waste recycling operation and Zone Variance No. PZV 08-030, near Tulare, in order to allow private consultant adequate time to complete environmental document.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 12)

 

 

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

7.                  Reappoint Dale Brogan to the Tulare County Flood Control District, Member 1 for a term ending September 1, 2014.

8.                  Approve a Resolution in support of Ritchie Bros. permanent location within Tulare County.

County Counsel

9.                  Introduce, waive the first reading, waive the second reading and adopt as an Urgency Ordinance under Government Code Section 25131 the proposed ordinance amending subpart (1) of subsection (c) of section 1-23-1020 of Chapter 23 of Part I of the Ordinance Code of Tulare County pertaining to enforcement of the County regulations set out in Part III (Streets and Highways) of the Ordinance Code of Tulare County by imposition of administrative fines.

General Services/Property Management

10.             Approve an amendment to Lease Agreement No. 19836 with the City of Farmersville to extend the term of the lease until September 21, 2015 for office space to house the Administrative staff of the County Fire Department and Emergency Operation Center.

Resource Management Agency

11.             Approve an operating budget for the Seville Water Company.  Approve the necessary budget adjustment.  (4/5ths vote required)

12.             Authorize the filing of a Notice of Partial Non-renewal for one (1) Land Conservation Contract as provided in the Williamson Act.  Approve the execution of amendment to the Land Conservation Contracts as a condition of approval for partial non-renewal for PNR 10-015 - Williamson Act Contract No. 3416, Ag Preserve No. 0724, north of Visalia (Migliore) (2.07 acres from 52.27 acres non-renewed as a condition of PLA 10-010) (99.59 acres in five parcels, subject to contract amendment).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

13.             Request from the Resource Management Agency to find that the easement will meet the California Farmland Conservancy Program eligibility criteria set forth in Public Resources Code Section 10251.  Support an application for grant funding from the California Department of Conservation's "California Farmland Conservancy Program" (CFCP) to be used for acquisition of an agricultural conservation easement on a 7.75 acre parcel of land for the Schnitzler Farm located east of Kingsburg.  Require a One Time Cost Recovery Charge of $150 per acre of land ($150 x 7.75 acres = $1,162.50).

14.             Request from the Resource Management Agency to approve GPI 10-003 to allow Mr. Martin T. and Ellen Kaye Burnham to proceed with a General Plan Amendment application to change the land use designation of approximately 3 acres of a 7-acre parcel from Kaweah River Designated Floodway to Low Density Residential located approximately 528 feet east of the intersection of North Fork Drive and Kaweah River Drive, in Three Rivers. The change of zone would be from F-1 (Primary Flood Plain Zone) to R-A-43 (Rural Residential - 43,000 square feet).

 

 

15.             1:30 p.m. Budget Hearings

Introduction and Overview

PUBLIC HEARING: Citizens Option for Public Safety (COPS)  (Budget Book Page 224)

Request from the Sheriff's Department to discuss the proposed expenditures of funds for the Citizens Option for Public Safety (COPS) - Supplemental Law Enforcement Funding received under Government Code Section 30061, as amended by AB 1913.  Authorize the Auditor-Controller to distribute the funds when received, as modified by public input and the Board of Supervisors' direction.

Enterprise Funds - Consent Budgets   (Budget Book Page 360)

 

Solid Waste

Transit

L & M Funds—Assessment Districts

                    L01  Orosi Lighting/Landscape                L85 Orosi Storm Drain

                    L05 Orosi Storm Drain                               L86 Visalia (Cottontail) Storm Drain

                    L07 Poplar Storm Drain                             L87 Visalia (Kapsu) Storm Drain

                    L10 Orosi Storm Drain                               M02 Visalia (El Rio) Road

                    L16 Earlimart Lighting/Landscape           M03 Strathmore Road

                    L60 Tipton Storm Drain                             M04 Porterville Road

                    L65 Earlimart Storm Drain                        M06 Visalia (Accacia) Road

                    L70 Cutler Storm Drain                              M07 Poplar Road

                    L75 Teviston Storm Drain                          M86 Visalia (Cottontail) Road

                    L80 Earlimart Storm Drain                        M87 Visalia (Kapsu) Road

 

County Service Areas #1 and #2 Zones of Benefit - Consent Budgets  (Budget Book Page 383)

 

            El Rancho Sewer                Delft Colony Sewer            Delft Colony Water

            Lemon Cove Water           Seville Sewer                   Tonyville Sewer

            Tooleville Sewer               Traver Sewer                         Yettem Sewer

            Yettem Water                   Wells Tract Water                  Wells Tract Sewer

           

Redevelopment Agency, Special Districts and Public Authority - Consent Budgets  (Budget Book Page 393)

 

            Administration                     Cutler/Orosi                         Earlimart

            Goshen                                 lvanhoe                                Pixley

            Poplar-Cotton Center         Richgrove                            Traver

 

Terra Bella Sewer District

Tulare County Flood Control District

In-Home Supportive Services Public Authority

 

 

 

 

Internal Services Funds — Consent Budgets   (Budget Book Page 313)

 

County Administrative Office

Copier Services

Custodial Services

Facilities

Fleet Services

Grounds Services

Mail Services

Print Services

Utilities

 

County Counsel -- Insurance

Workers’ Compensation

General Liability

Property

Medical Malpractice

 

     Information Technology

                Communications

                Information Technology

 

Internal Services Funds — Individual Discussion and Action (Budget Book Page 321) 

 

    Human Resources and Development – Insurance

Health

 

Operating Funds — Consent Budgets    (Budget Book Page 243)

 

Aviation

Building Debt Service

Capital Projects

Child Support Services

Fire 

Fish and Game

Health Realignment

Indigent Health Care

            Library

Mental Health Realignment

Pension Obligation Bond

            Road

Social Services Realignment

Tobacco Settlement Proceeds

Workforce Investment Board

 

Operating Funds — Individual Discussion and Actions

           

            Equipment Debt Service

General Funds — Consent Budgets   (Budget Book Page 100)

 

Agricultural Commissioner

Assessor/Clerk—Recorder

Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters

Board of Supervisors

Capital Acquisitions

Central Telephone Services

Citizens’ Option for Public Safety (COPS)

Cooperative Extension

County Administration

County Counsel

District Attorney

Gang Task Force — Multi-Agency

General Services

General Revenues

Health and Human Services Agency

Human Resources and Development

Juvenile Justice Crime Prevention Act

Miscellaneous Administration

Miscellaneous Criminal Justice

Probation

Public Defender

Purchasing

Resource Management Agency

Rural Crime Prevention

Sheriff-Coroner

 

Position Allocation and Classification Schedules

 

Approve changes to position allocations, reclassifications, classification specifications, and compensation changes.

 

Final Actions to Balance — General Fund

 

Contingency

Others as Needed

 

Direction and Authorizations

 

1.   Authorize Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2010/2011 Budget into final balance.

2.   Other direction as needed.

 

Budget Adoption

 

Upon conclusion of Final Budget Hearings, adopt budgets for all funds and activities as modified during hearings.

 

(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

Amendment to Ordinance Code Pertaining to Enforcement of County Regulations set out in Part III (Streets and Highways), Board of Supervisors Agenda Item September 21, 2010.

Next Item(s) Sitting as...

ITEM B

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 C

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 September 21, 2010.

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: 1

Next Item(s) Sitting as...

ITEM E

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 F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  APN 014-63-028

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  John R. Garza and Delores S. Garza

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  APN 04-063-022

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Rafael Alcala, Maria De Jesus Viveros

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  APN 04-063-025

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Pablo Contreras and Ana Contreras

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  Cardenas, Teresa vs. County of Tulare et al

Tulare County Superior Court Case Number: 09-235695

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  Edwin Rivera vs. The County of Tulare

Workers' Compensation Appeals Board Numbers: ADJ1856805, ADJ4168771, ADJ1106493, ADJ6670429, ADJ2412057, ADJ906663, ADJ6671174

Next Item(s) Sitting as...

ITEM K

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 L

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...