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

 

December 7, 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 from Citrus High School regarding their Service Learning grant project.

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 continue the Public Hearing to February 15, 2011 for appeal of Planning Commission Resolution No.'s 8475, 8476 and 8477 for SA Recycling's Special Use Permit No. PSP 09-005 and Zone Variance No. PZV 08-030 for a solid waste recycling operation (scrap metal) located on the south side of Avenue 232 at Cross Avenue, approximately 2,000 feet west of Road 92 to February 15, 2011, in order to allow private consultant adequate time to complete environmental document, circulate through State Clearinghouse and respond to comments.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to consider the Initial Study and Mitigated Negative Declaration for the Mountain Road M319 Bridge replacement project. Direct staff to continue to receive comments on the Mitigated Negative Declaration until the close of the comment period on December 10, 2010. Direct staff to return to the Board of Supervisors to adopt the Mitigated Negative Declaration, the Mitigation Monitoring Plan and approve the project.

6.                  PUBLIC HEARING: Request from the Resource Management Agency to consider the proposed Cost Recovery Fees for Business License Review and Clearance pertaining to Adult Oriented Businesses and Medical Marijuana Collectives/Cooperatives by the Resource Management Agency (RMA), Fire Department and the Sheriff's Department. Adopt the recommended $500 Deposit and $100 per hour rate thereafter for the Resource Management Agency for Business License application reviews pertaining to Adult Oriented Businesses and Medical Marijuana Collectives/Cooperatives and authorize the Tax Collector to implement the cost recovery fee after adoption. Adopt the recommended $500 Deposit and $95 per hour rate thereafter for the Sheriff's Department for Business License application reviews pertaining to Adult Oriented Businesses and Medical Marijuana Collectives/Cooperatives and authorize the Tax Collector to implement the cost recovery fee after adoption. Adopt the recommended $114 flat fee for the Fire Department for Business License application reviews pertaining to Adult Oriented Businesses and Medical Marijuana Collectives/Cooperatives and authorize the Tax Collector to implement the cost recovery fee after adoption. Certify that the proposed fees will be adopted in accordance with Health and Safety Code Section 17951 and Government Code Sections 54986, 66014, 66016, effective December 8, 2010.

7.                  PUBLIC HEARING: Request from the Resource Management Agency to authorize the second amendment to Community Development Block Grant Standard Agreement No. 07-EDEF-3721 to extend the date of grant termination by six months to June 30, 2011 and to reallocate funds from Business Assistance to Microenterprise in the following amounts: Decrease: Business Assistance ($35,000); and Business Assistance Activity Delivery ($2,670); Increase: Microenterprise ($35,000); and Microenterprise Activity Delivery ($2,670). Authorize the Chairman of the Board to act on behalf of the County, to execute in the name of the County of Tulare, the Standard Agreement Amendment with the State of California and any subsequent amendments thereto, subject to County Counsel review and approval.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

8.                  PUBLIC HEARING: Request from the Resource Management Agency to receive comments from all interested parties for the Mid-term Review 2008-2012 Implementation Plans for the Redevelopment Project Areas of Ivanhoe, Pixley and Poplar-Cotton Center and the updated 2010-2014 Implementation Plans for Cutler-Orosi, Earlimart, Goshen, Richgrove and Traver Redevelopment Project Areas. Review and adopt the Mid-term Review 2008-2012 Implementation Plans for the Ivanhoe, Pixley and Poplar-Cotton Center Redevelopment Project Areas and the updated 2010-2014 Implementation Plans for Cutler-Orosi, Earlimart, Goshen, Richgrove and Traver Redevelopment Project Areas.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 9 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

9.                  Ratify and approve an agreement with the California Department of Food and Agriculture to provide a maximum of $54,486 in State subvention to offset costs of enforcing Federal Domestic Quarantine 7 CFR 301.92, 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, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Auditor-Controller/Registrar of Voters

10.             Review and accept the Certified Statement of Vote for the November 2, 2010 General Election as submitted by the Registrar of Voters for those Offices/Measures for which the Board of Supervisors is the Governing Body.

Board of Supervisors

11.             Reappoint Gary Reed to the Tulare County Employees' Retirement Board, as Member 5, for a term ending December 31, 2013.

12.             Reappoint Charlie Pitigliano, Audrey Dooley and Robert Clark to the Tulare County Mosquito Abatement District as Trustees for terms ending December 31, 2012.

 

13.             Ratify the following proclamations: Honoring Tanner Christensen for earning his Eagle Scout Award; Honoring Dawn Allen upon her retirement from the Porterville Police Department; Honoring Rick Cooksey upon his retirement from the Porterville Police Department; Honoring Mike Blain upon his retirement from the Porterville Police Department.

14.             Cancel the Board of Supervisors regular meeting on January 4, 2011.

County Administrative Office

15.             Accept the History of Farm Labor and Agriculture Museum Elevator Project as a completed project. Authorize the Chairman to sign the Notice of Completion for the subject project. Direct the Clerk of the Board to record the Notice of Completion for the subject project with the office of the Tulare County Recorder.

District Attorney

16.             Ratify and approve the Grant Award Agreement for the acceptance of grant funding from the California Emergency Management Agency for the Victim Witness Assistance Program, in the amount of $281,244, retroactive to July 1, 2010 through June 30, 2011. Ratify the Chairman of the Board's signature on the Grant Award Fact Sheet and all other grant application documents necessary to secure grant funds, retroactive to July 1, 2010. Find that the Board had the 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.

General Services

17.             Delegate authority to the General Services Manager to exercise options to extend a lease term when the rent does not exceed $7,500 per month and the term does not exceed three years pursuant to Government Code Section 25350.51 under the following conditions: a) There is no other change to the terms of the lease. The only change is the length of the lease as stated in the option; b) The County Department Head who is occupying the property must advise the General Services Manager in writing of a continuing need to stay in the current location for the length of the option; c) Property Management Staff must prepare the notice exercising the option as required by the lease; and d) County Counsel must review the lease and approve Items B and C.

18.             Ratify and approve the Lease Agreement with Cutler-Orosi Joint Unified School District for office space located at 40802 Road 128, in the community of Orosi with the term commencing December 1, 2010 and expiring eight (8) years thereafter on November 30, 2018. Find that the Board had authority to enter into the proposed agreement as of December 1, 2010, and that it is in the County's best interest to enter into the agreement as of that date.

Resource Management Agency

19.             Approve an amendment to Agreement No. 24127 with the California Department of Transportation for a time extension to purchase five (5) compressed natural gas transit buses.

20.             Approve an amendment to Agreement No. 24305 with the California Department of Transportation for a time extension to purchase a compressed natural gas (CNG) transit bus.

21.             Introduce and waive the first reading of an ordinance amending Section 7-25-1085 and adding Section 7-25-1091 to Article 3 of Chapter 25 of Part VII of the Ordinance Code of Tulare County, pertaining to the Exemption of Certain Basins from County requirements for surface mining permits and reclamation plans.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

22.             Authorize the conveyance of property from Tulare County Redevelopment Agency to the Richgrove Elementary School District and the Richgrove Community Services District as Joint Owners. Authorize the Chairman of the Board of Directors to execute the Grant Deed conveying the property from Tulare County Redevelopment Agency to the Richgrove Elementary School District and the Richgrove Community Services District as Joint Owners.

23.             Approve and award the contract for construction of the Betty Drive/Avenue 312 Realignment and Improvement Project Phase 2B to the lowest responsive and responsible bidder, American Paving Company of Fresno, CA, in the amount of $8,511,479. Authorize the Chairman to sign the Contract after review and approval as to form by County Counsel and upon receipt of the certificates of insurance, bonds and evidence that the contractor possesses a valid State contractors license. Allow funds in the amount of $851,148 (10%) to cover unexpected construction conditions.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

24.             FOR INFORMATION ONLY: Bid Opening results for the Hillman Avenue and Road 108 Widening Project.

BIDDER

AMOUNT

Teichert

$11,217,910.20

R.J. Berry Construction

$11,718,493.72

American Paving

$12,333,847.20

Granite Construction Co.

$12,352,864.89

Emmett's Excavation, Inc.

$12,408,357.84

Lee's Paving

$12,548,859.94

W. Jaxon Baker

$12,565,896.24

 

 

Engineers Estimate

$13,366,339.15

 

 

 

Retirement

25.             Adopt the proposed "Statement of Independent Operations" as approved by the Board of Retirement on November 17, 2010 affirming Tulare County Employees' Retirement Association as a public pension trust fund that must comply with applicable State, Federal and IRS regulations.

Sheriff/Coroner

26.             Ratify and approve the Memorandum of Understanding to operate the Tulare County Rural Program from October 1, 2010, through September 30, 2012. Find that the Board had authority to enter into the proposed Memorandum of Understanding on October 1, 2010, and that it was in the best interests of the County to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

27.             Approve awarding $100,000 in funding from the Step Up Youth Activities Grant Program as recommended by the Tulare County Youth Commission as follows: District 1 - Tulare-Kings Counties Youth for Christ ($10,000) and Courage to Change ($10,000); District 2 - Grandma's House ($10,000) and Tulare Athletic Boxing Club ($10,000); District 3 - Golden State YMCA ($10,000), Crossroads Community Church ($5,000) and Hands in the Community ($5,000); District 4 - Boys and Girls Clubs of Tulare County ($10,000) and AYSO Region 129 ($10,000); and District 5 - Sequoia Council, Boy Scouts of America ($10,000) and Boys and Girls Clubs of the Sequoias ($10,000). Authorize the Chairman to sign grant agreements, subject to review and approval as to form by County Counsel.

28.             Request from Resource Management Agency to authorize submittal of a United States Department of Agriculture - Rural Development (USDA-RD) pre-application for $1,036,700 to finance improvements associated with the Seville Water System Rehabilitation Project. Agree that if the application for funding is approved, the County will use the funds for eligible activities in the manner presented in the application as approved by the USDA-RD. Authorize the Chairman of the Board to execute in the name of the County of Tulare, the pre-application, the following application, the Agreement, any amendments there to, and all other documents required by USDA for participation in the USDA-RD Program, subject to County Counsel review and approval. Authorize and direct the Resource Management Agency Assistant Director of Public Works to sign Funds Requests and other required reporting forms.

(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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Escalera, Alfredo vs. County of Tulare, et al

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

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. Strawberry Stand Corner, LLC, et al

Tulare County Superior Court Case Number 10-236593

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. Sunrise Dairy, et al

Tulare County Superior Court Case Number 10-235863

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. Ruth A. Griffioen, et al

Tulare County Superior Court Case Number 10-235860

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. Ruth A. Griffioen, et al

Tulare County Superior Court Case Number 10-235864

 

 

Next Item(s) Sitting as...

ITEM F

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 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

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

County Counsel

[Government Code Section 54957 (b)(1)]

Next Item(s) Sitting as...

ITEM I

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...