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

 

September 28, 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.

Supervisor Allen Ishida, District One

 

Supervisor Pete Vander Poel, District Two

Robert G. Ranney - 40 Years

 

John Gutierrez - 30 Years

Juan (Bob) Martinez - 32 Years

 

 

Jack Willingham - 28 Years

 

 

 

 

 

 

 

 

 

 

 

Supervisor Steve Worthley, District Four

 

Supervisor Mike Ennis, District Five

Robert Barnes, Sr. - 38 Years

 

Randy Young - 32 Years

Frank D. Goulart - 36 Years

 

Michelle Ray - 29 Years

Alan Landon - 32 Years

 

Allen Ray - 26 Years

 

 

Pat Shrefler - 25 Years

 

 

Rodolfo Villalon - 25 Years

 

 

2.                  Public Comments.

3.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Kathleen L. Aceres; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The use for which the Subject Property is sought to be taken is a more necessary public use than the use to which the property is appropriated (Code of Civil Procedure 1240.610); e) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and f) County Counsel is authorized to file a legal action against the property owner. (2/3rds Vote Required)

5.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Rafael Alcala and Maria De Jesus Viveros; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds Vote Required)

6.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolves as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening Project Pursuant to Code of Civil Procedure Section 1245.330; John and Judy Cutts Living Trust utd 7/8/87; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds Vote Required)

7.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening Project Pursuant to Code of Civil Procedure Section 1245.330; John R. and Delores S. Garza; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds Vote Required)

8.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Fe B. Torio; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds Vote Required)

9.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Waltrust Properties, Inc.; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds Vote Required)

10.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening Project Pursuant to Code of Civil Procedure Section 1245.330; WJD, LP, a California Limited Partnership; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds Vote Required)

(Consent Calendar)

CONSENT CALENDAR (Number 11 through 35)

 

 

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.

 

 

 

Auditor-Controller/Registrar of Voters

11.             Approve an assignment of Agreement No. 22570 with Sequoia Voting Systems, Inc. to Dominion Voting Systems, Inc.

Board of Supervisors

12.             Appoint the following individuals to the Emergency Medical Care Committee to serve at the pleasure of the Board: Shay Moore, Base Hospital, Sierra View, Primary Representative, Seat #15; and Trent Fiori, Ambulance Provider Agency, Imperial Ambulance, Primary Member, Seat #6.

13.             Appoint Cheryl L. Duerksen, Ph.D to the First 5 Tulare County Commission as a Health & Human Services member to serve at the pleasure of the Board.

 

County Counsel

14.             Approve the Training Program for special districts and independent agencies on the topic of basic functions and duties of local agencies.

County Administrative Office

15.             Authorize the Auditor-Controller to advance pay the Tulare County Employees Retirement Association (TCERA) $17,032,487 of the County's remaining annual retirement contribution, representing an advance payment discount rate of 3.875%, on October 1, 2010. Authorize the Auditor-Controller to make any necessary adjustments to the advance pay retirement contribution to ensure that TCERA receives the entire County annual retirement contribution for Fiscal Year 2010/2011, minus the discount amount and all previous payroll payments to date.

District Attorney

16.             Authorize acceptance of continued grant funding from the California Emergency Management Agency for the Special Emphasis Victim Assistance Program in the amount of $27,501 with a County match of $6,875 for Fiscal Year 2010/2011. Ratify and approve the Chairman's signature on the Grant Award Amendment to the Grant Award Agreement, retroactive to July 1, 2010 through September 30, 2010. Find that the Board had authority to enter into the amended Grant Award Agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

17.             Ratify and approve the submission of an application for grant funding from the California Emergency Management Agency for the Underserved Victim Advocacy and Outreach Program in the amount of $125,000, with a $31,250 match, for the period of October 1, 2010 through September 30, 2011. Ratify and approve the Chairman's signature on the Grant Award Face Sheet Agreement and the Certification of Assurance of Compliance. Find that the Board had authority to submit the application for grant funds on August 30, 2010, and that it was in the County's best interest to submit the application as of that date.

Health & Human Services Agency

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

19.             Ratify and approve an agreement with Tulare Youth Services Bureau, Inc. for the provision of mental health services to Tulare County adolescents and children, 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.

20.             Ratify and approve an amendment to Agreement No. 23196 with Global Drug Testing Services in an amount not to exceed $311,541 for the provision of drug testing services on an interim basis, retroactive to July 1, 2010 through June 30, 2013. 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.

21.             Ratify and approve an amendment to Agreement No. 23277 with Kings View Corporations, Inc. dba Kings View Substance Abuse Program, Tulare County, Inc. in an amount not to exceed $1,323,000 for the provision of a methadone maintenance program, retroactive to July 1, 2010 through June 30, 2013. 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.

22.             Approve an amendment to Agreement No. 23923 with Proteus, Inc. in the amount of $633,950 to provide comprehensive job services to clients of TulareWORKs from October 1, 2010 through September 30, 2011.

23.             Approve an amendment to Agreement No. 23924 with See and Company in the amount of $371,452 to provide comprehensive job services to clients of TulareWORKs from October 1, 2010 through September 30, 2011.

24.             Approve an amendment to Agreement No. 23972 with Community Services and Employment Training, Inc. in the amount of $1,351,274 to provide comprehensive job services to clients of TulareWORKs from October 1, 2010 through June 30, 2011. Approve an advance payment to Community Services and Employment Training in the amount of $112,606. Authorize the Tulare County Auditor to advance payment in the amount of $112,606 to Community Services and Employment Training, Inc.

Resource Management Agency

25.             Waive the second reading and adopt an Ordinance amending Chapter 1 of Part III of the Tulare County Ordinance Code pertaining to speed limits. Direct the Clerk of the Board to publish a summary and post a certified copy of the proposed Ordinance within fifteen (15) days prior to adoption in accordance with Government Code Section 25124(b)(1).

26.             Approve an agreement with the Lindsay-Strathmore Irrigation District and Strathmore Public Utility District for the transfer and conveyance of water. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

27.             Approve an agreement with the City of Lindsay and Frasinetto Farms, LLC, for the transfer and conveyance of water. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

28.             Approve the Measure R Program Supplement to Cooperative Agreement for the Construction of a traffic signal at Avenue 280 and Road 156 in the amount of $48,000. Authorize the Chairman of the Board of Supervisors to sign the Program Supplement.

29.             Approve an agreement with Aries Consultants LTD. in the amount of $239,904 for planning and engineering services to update the Tulare County Comprehensive Airport Land Use Plan.

30.             Authorize the filing of a Notice of Partial Non-renewal for nine (9) Land Conservation Contracts as provided in the Williamson Act. These requests fulfill conditions resulting from parcel maps and lot line adjustments. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for partial nonrenewal for the following:

PNR 10-001 - Williamson Act Contract No.5839, Ag Preserve No. 2057, southeast of Dinuba (Davidian) (1.05 acres from 36.99 non-renewed as a condition of PPM 09-041) (40.00 acres in three parcels subject to contract amendment)

PNR 10-002 - Williamson Act Contract No. 5135, Ag Preserve No. 2092, east of Lindsay (Perry) (0.83 acres from 39.80 non-renewed as a condition of PPM 09-027) (39.80 acres in one parcel subject to contract amendment)

PNR 10-004 - Williamson Act Contract No. 3265, Ag Preserve No. 531, south of Tulare (Dutto and Cleek) (2.02 acres from 38.03 non-renewed as a condition of PPM 09-037) (39.09 acres in two parcels subject to contract amendment)

PNR 10-006 - Williamson Act Contract No. 8776, Ag Preserve No. 436, East Orosi (Norton) (1.03 acres from 19.34 non-renewed as a condition of PPM 09-013) (19.34 acres in one parcel subject to contract amendment)

PNR 10-007 - Williamson Act Contract No. 3171, Ag Preserve No. 595, east of Visalia (Hart) (1.46 acres from 37.93 non-renewed as a condition of PPM 09-048) (37.93 acres in one parcel subject to contract amendment)

PNR 10-008 - Williamson Act Contract No. 5080, Ag Preserve No. 1643, south of Exeter (Griggs) (1.49 acres from 19.15 non-renewed as a condition of PPM 10-008) (19.15 acres in one parcel subject to contract amendment)

PNR 10-010 - Williamson Act Contract No. 4689, Ag Preserve No. 1667, southeast of Dinuba (Jiggerian) (1.05 acres from 40.00 non-renewed as a condition of PPM 09-040) (40.00 acres in one parcel subject to contract amendment)

PNR 10-012 - Williamson Act Contract No. 4458, Ag Preserve No. 1278, southeast of Dinuba (Pauley) (1.12 acres from 40.28 non-renewed as a condition of PPM 10-005) (40.28 acres in one parcel subject to contract amendment)

PNR 10-014 - Williamson Act Contract No.19930, Ag Preserve No. 4381, east of Farmersville (Rose) (1.32 acres from 82.00 non-renewed as a condition of PPM 10-002) (82.00 acres in one parcel subject to contract amendment)

 

31.             Authorize submittal of a 2010/2011 CAL FIRE Urban Forestry and Urban Greening Grant application for $100,000 in response to the Request for Proposals issued by the Governor of the State of California in cooperation with the California State Legislature who have enacted Propositions 40 and 84, which provide funds to the State of California and its political subdivisions for urban forestry programs, for implementation of a Green Trees for the Golden State Grant Program, in the disadvantaged County Redevelopment Project Areas. Certify that County will have sufficient funds to operate and maintain the project. Certify that funds under the jurisdiction of the Tulare County Board of Supervisors are available to begin the project. Certify that all grant funds will be expended prior to March 30, 2013. Certify that if the application for funding is approved, County will use the funds for eligible activities in the manner presented in the application as approved by the State of California and in accordance with Proposition 40 and 84, which provide funds to the State of California and its political subdivisions for urban forestry programs. Authorize the Chairman of the Board to execute and submit all documents in the name of the County, including, but not limited to applications, agreements, and amendments there to, and all other documents required by the State for participation in the Urban Forestry Grant, subject to County Counsel review and approval. Authorize and direct the Resource Management Agency Assistant Director of Administration and Community Development or Manager of the Community Development Division to conduct all negotiations, sign funds requests and other required reporting forms which may be necessary for the completion of the Urban Forestry Grant.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

32.             Authorize the commitment of Tulare County Redevelopment Agency funds in the amount of $32,000 from the following Redevelopment Project Areas: Cutler-Orosi ($8,000), Goshen ($8,000), Pixley ($8,000), and Traver ($8,000), as match for the 2010/2011 CAL FIRE Urban Forestry and Urban Greening, Green Trees for the Golden State Grant Program. Find that the improvement of land for public use, financing, administration and construction within the Redevelopment Project Area, is of primary benefit to the Cutler/Orosi, Goshen, Pixley and Traver project areas and is consistent with the Project Area's Implementation Plans adopted pursuant to State of California Health and Safety Code Section 33490 and is in compliance with the requirements of Health and Safety Code, Section 33445, paragraph (a) and (b). Find that without the financial participation of the Tulare County Redevelopment Agency, there are no other reasonable available means of financing grant match and that the County does not have available funding for this purpose.

33.             Approve the Plans, Special Provisions, Proposal and Contract for construction of the Betty Drive/Avenue 312 Realignment and Improvement Project Phase 2B, subject to review and approval as to form by County Counsel. Approve the advertisement of the Betty Drive/Avenue 312 Realignment and Improvement Project Phase 2B. Set the bid opening date for Wednesday, November 3, 2010 at 2:00 p.m.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

34.             Approve the Memorandum of Understanding between the Sheriff's Department and the Bureau of Land Management (BLM), California State Office, for law enforcement activities by BLM law enforcement officers, effective from the date of execution and shall remain in effect for five years.

Workforce Investment Board

35.             Appoint William DeLain as Chair to the Workforce Investment Board of Tulare County Board of Directors for a term ending November 15, 2011.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

36.             Request from County Administrative Office to adopt the Tulare County Tourism Strategic Plan and receive a presentation on Tourism Development Activities.

(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: 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 B

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 7

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ITEM C

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, Eastern District of California Case Number 1:08-CV-00857-LJO-SMS

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ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Gregory Hernandez, deceased v. County of Tulare

Workers' Compensation Appeals Board Number: ADJ 7198839

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ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Paul Frederick vs. County of Tulare

Workers' Compensation Appeals Board Number: ADJ 7299215

 

 

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Cheryl Black vs. County of Tulare

Workers' Compensation Appeals Board Number: ADJ-4032859

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ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (b)(1)]

Number of Potential Cases:

Next Item(s) Sitting as...

ITEM H

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 I

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 J

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 K

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

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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

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