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


 

November 2, 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 given by United Way regarding an update on the 2-1-1 Program.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Fire Department to approve Fire Hazard Abatement Cost Recovery. Confirm the accounting as modified. Order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to accept the General Rule Exemption as the appropriate environmental document. Approve Tentative Subdivision Tract No. TM 807, filed by Lane Engineers, Inc., on behalf of Keith and Lisa Wilson for the division of a 2.59-acre parcel into 2 residential lots and a Remainder (Lot 1 = 19,150 sq. ft.; Lot 2 = 19,150 sq. ft.; Remainder = 87,120 sq. ft.) in the R-A-12.5 (Rural Residential - 12,500 sq. ft. minimum) Zone, located on the north side of Avenue 393, approximately 1,000 feet west of Road 34, adjacent to the south boundary of the Kings River Golf and Country Club, approximately 2 miles southeast of the City of Kingsburg. Adopt the findings of approval and conditions of approval for Tentative Subdivision Tract No. TM 807. Direct the Clerk of the Board of Supervisors to return the signed Notice of Exemption to the Resource Management Agency.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 26)

 

 

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

6.                  Ratify and approve an agreement with the California Department of Food and Agriculture (CDFA) to provide a maximum of $11,266 in State subvention to offset costs of Light Brown Apple Moth trapping, 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.

Assessor/Clerk-Recorder

7.                  Approve an agreement with Extract Systems in the amount of $148,500 to implement redaction services of the County's historical images between 1980 and 2009.

 

Board of Supervisors

8.                  Approve the Tulare County Youth Commission's recommendation to extend the term of the Healthy Kids-Healthy Lindsay Step Up Youth Activities grant from 12 to 18 months.

9.                  Appoint Scott Scheer to the Emergency Medical Care Committee as Ambulance Provider Agency - Imperial Ambulance, Seat 6, Alternate Member to serve at the Pleasure of the Board.

10.             Reappoint Jim Crew to the Tulare County Fish & Game Commission as District 5 Representative for a term ending September 4, 2012.

County Administrative Office

11.             Ratify and approve an amendment to Agreement No. 24478 with Webb and Son Corporation for the History of Farm Labor and Agriculture Museum Elevator project in the amount of $12,798.91. Find that the Board had authority to amend Agreement No. 24478 as of October 1, 2010, and that it was in the County's best interest to amend the agreement on that date. Authorize the Chairman to sign the amendment, subject to review and approval as to form by County Counsel.

12.             Approve Amendment One to the Tulare County Association of Governments (TCAG) Joint Powers Agreement among the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, and Woodlake and the County to add subparagraph (q) which would allow TCAG to acquire, maintain, and dispose of real property or an interest in real property and subparagraph (r) which would allow TCAG to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, Chapter 5 of Division 7 of Title 1 of the Government Code to paragraph 2. Authorize the Chairman to execute ten (10) originals of the Joint Powers Agreement (JPA) Amendment One approved by a sufficient number of the nine (9) political subdivisions to constitute at least seventy-five percent (75%) of the population of the entire County and leaving the date blank with the understanding that the effective date will be the date the Amendment is executed by the last party.

Fire Department

13.             Approve an agreement with the California Department of Forestry and Fire Protection for the Volunteer Fire Assistance Program grant in the amount of $20,000 to purchase wild land fire shelters. Approve the necessary budget adjustments. (4/5ths vote required)

Health & Human Services Agency

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

15.             Ratify and approve the Purchase Order (No. 0000276523) and the acceptance of $12,500 in revenues provided by the University of California - San Francisco for the California Project LEAN (Leaders Encouraging Activity and Nutrition) Sugar Sweetened Beverages grant, retroactive to August 15, 2010 through January 31, 2011. Find that the Board had authority to accept this grant as of August 15, 2010, and that it was in the County's best interest to accept the grant on that date.

16.             Ratify and approve an agreement with Tulare County Office of Education (TCOE) in an amount not to exceed $120,000 to increase youth knowledge and awareness regarding the consequences of underage drinking throughout Tulare County, 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.

17.             Approve the Tulare County Child Abuse Prevention Council's (CAPC) request for their annual funding in the amount of $37,000 from the Children's Trust Fund (CTF) for Fiscal Year 2010/2011.

18.             Approve the donation of Vehicle No. 3141, a 2005 Chevrolet Silverado 2500 Heavy Duty Pickup with mounted animal transport body for animal control, to the City of Farmersville for their Animal Control Division. Authorize the Tulare County Purchasing Agent to process the transfer of title to Vehicle No. 3141, to the City of Farmersville.

Human Resources & Development

19.             Approve a Memorandum of Understanding with California State Association of California (CSAC) - Excess Insurance Authority to renew the Delta Dental Program for 2011 on a self-funded basis.

20.             Approve increasing funding for the On-site Mammography Program not to exceed an additional $15,000 to provide up to 250 mammograms for qualifying female employees over the age of 40 using San Joaquin Valley Insurance Authority (SJVIA) Wellness Program funds. Request retroactive approval by the San Joaquin Valley Insurance Authority of the funding shift of up to $15,000 from $50,000 budgeted for health risk assessments. Conditionally approve use of up to $15,000 of the County's remaining $120,000 dividend subsidy from our prior membership in the CSAC Excess Insurance Authority for use in the wellness programs as needed to fully fund both the Mammography Program at up to $25,000 and the Health Risk Assessment Program up to $50,000.

Resource Management Agency

21.             Authorize the pre-payment of $194,621.94 to the Southern California Edison Company for the County's share of the cost to relocate poles on the North Phase of the Road 108 widening project and the cost to relocate underground transmission ducts at the Liberty Substation.

Sheriff/Coroner

22.             Approve the Fixed Asset purchase of a Video Server from Leightronix in an amount not to exceed $5,500. Approve the necessary budget adjustments. (4/5ths vote required)

23.             Approve the Fixed Asset purchase of a Digital Evidence Data Retention Server in an amount not to exceed $25,600. Approve the necessary budget adjustments. (4/5ths vote required)

 

 

24.             Ratify and accept a Grant Award from the Office on Violence Against Women in the amount of $300,000 to operate the Tulare County Rural Program from October 1, 2010 through September 30, 2012. Approve and authorize a Personnel Resolution to increase the position allocation of the Sheriff's Department by one (1) Detective, effective November 8, 2010. Find that the Board had authority to enter into the proposed grant program on October 1, 2010, and that it was in the best interests of the County to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote required)

25.             Ratify and approve the grant award from the California Emergency Management Agency for the Residential Substance Abuse Treatment Program from $179,087 to $200,000, retroactive to October 1, 2010 through September 30, 2011. Find that the Board had the authority to enter into the revised grant award agreement as of October 1, 2010, and that it was in the County's best interest to enter into the increased grant award agreement on that date.

Superior Court

26.             Proclaim the month of November 2010 as Court Adoption and Permanency Month in Tulare County.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

27.             Request from Resource Management Agency to adopt pursuant to Government Code Section 65858, as an Urgency Measure, the Interim Zoning Ordinance prohibiting the establishment of Marijuana (non-medical) for an interim period of time in the unincorporated areas of the County of Tulare. Set a public hearing for December 14, 2010 at 9:30 a.m. Direct the Clerk of the Board to notice such hearing in accordance with Government Code Section 65858, in order to consider this ordinance and a proposed extension thereof prior to the expiration of this ordinance in forty-five days. Authorize the Director of RMA, or his designee, to issue a written report ten days prior to the expiration of the Interim Ordinance or any extension, describing the measures taken to alleviate the condition which led to the adoption of the Ordinance.

(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

Tentative Subdivision Tract No. 807 to divide a 2.59-acre parcel into 2 residential lots and a Remainder, Southeast of Kingsburg, Board of Supervisors Public Hearing November 2, 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: 1

Interim Zoning Ordinance prohibiting certain consumption and cultivation of Marijuana (non-medical) authorized by Proposition 19 on the November 2, 2010 ballot for an interim period of time in the unincorporated areas of the County of Tulare. Board of Supervisors Agenda Item November 2, 2010.

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 4

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: 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 E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs Robert Van Grouw et al

Tulare County Superior Court Case Number 09-234838

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs Ronald H. Vanderham et al

Tulare County Superior Court Case Number 10-235938

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs James Edward Rogers, Successor Trustee et al

Tulare County Superior Court Case Number 10-236126

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs Wilbur Clair Hettinga et al

Tulare County Superior Court Case Number 10-236123

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs Pier Van der Hoek et al

Tulare County Superior Court Case Number 09-234836

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Isaiah Issac Andrew Garcia, et al vs. County of Tulare

Tulare County Superior Court Case Number 09-232907

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 5

Next Item(s) Sitting as...

ITEM L

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

Details

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

Next Item(s) Sitting as...

ITEM M

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

Details

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

 

 

Next Item(s) Sitting as...

ITEM N

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...