MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS - Chairman

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

 

March 8, 2011

 

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.                  Public Comments.

2.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the Resource Management Agency for Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Martinez. Adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project; 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)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to approve Tentative Tract Map No. 810, as recommended by Planning Commission (Resolution No. 8549), for division of 15.49 acres into six single-family residential lots, in the R-A-100 (Rural Residential-100,000 sq. ft. minimum) Zone, submitted by Gerald Leatherman, located on the north side of Avenue 232 (State Route 137) approximately 650 ft. west of Road 132. Direct the Clerk of the Board of Supervisors to return the Resolution approving TM 810 to the Resource Management Agency for recordation at the County Recorder's Office. Direct the Clerk of the Board of Supervisors to return the signed Notice of Determination to the Resource Management Agency for filing at the County Clerk's office. Adopt a separate resolution to certify the Negative Declaration, as recommended by Planning Commission (Resolution No. 8548). Direct the Clerk of the Board of Supervisors to return the Resolution certifying the Negative Declaration for TM 810 to the Resource Management Agency for recordation at the County Recorder's Office.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to certify that pursuant to Chapter 13 of the Public Resource Code and Title 14 of the California Code of Regulations, that the Final Environmental Impact Report for the Santa Fe Bike Path/Multi-Purpose Trail Connection Project has been completed in compliance with California Environmental Quality Act (CEQA); the Tulare County Board of Supervisors has reviewed and considered the information contained in the Environmental Impact Report prior to approving the project; and reflects the Board of Supervisors independent judgment and analysis.

6.                  Request from Resource Management Agency to adopt a Mitigation Monitoring and Reporting Plan for the Santa Fe Bike Path/Multi-Purpose Trail Connection Project.

 

 

7.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt the California Environmental Quality Act Findings of Fact. Approve the Santa Fe Bike Path/Multi-Purpose Trail Connection Project as described in the Final Environmental Impact Report. Direct staff to file a Notice of Determination within five working days after deciding carryout and approve the project.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 41)

 

 

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 Taylor Brothers, Inc. dba RESCOM for providing pest control services at an hourly rate of $395 for the Tulare County Glassy-winged Sharpshooter Management Program, retroactive to July 1, 2010 through June 30, 2012. 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.                  Reappoint Joe Machado to the Kings Mosquito Abatement District as Trustee for a term ending January 2, 2013.

10.             Authorize the submittal of grant applications from Tulare County Departments seeking funding from the Fiscal Year 2010-2011 Indian Gaming Local Community Benefit Committee, Senate Bill 621 Local Government Mitigation funding as follows: Tulare County Sheriff's Department request of $304,742 for two Community Based Officers; Tulare County Fire Department's request of $111,514.43 to replace all structural firefighting turnout coats and turnout plants; Tulare County Resource Management Agency's request of $65,000 for road repairs to Road 284 from State Route 190 to Reservation Road; and Tulare County Resource Management Agency's request of $20,000 for a Native American Village at the Tulare County Museum.

County Administrative Office/Capital Projects

11.             Approve the Bid Documents for the Ivanhoe Community Center Project. Authorize the Advertisement of Bids for the subject project. Set the Bid Opening for the project on Thursday, April 14, 2011 at 2:00 p.m. Declare the project categorically exempt from the California Environmental Quality Act pursuant to Section 15301and authorize the Capital Projects/Facilities Manager to sign and file a Notice of Exemption with the Clerk-Recorder.

 

12.             Award the contract for the Probation Office Renovation Project to the lowest responsible bidder, BVI Construction, 1610 E. Front St., Suite A, Selma, CA 93662 in the amount of $1,345,750. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, and contract subject to review and approval as to form by County Counsel.

County Counsel

13.             Approve new or amended Conflict of Interest Codes for the following agencies:

SPECIAL DISTRICTS

 

SCHOOL DISTRICTS

Exeter Ambulance District

 

Exeter Union High School

Terra Bella Sewer Maintenance District

 

Exeter Union School

Tulare Local Hospital District

 

Porterville Unified School

Visalia Public Cemetery District

 

Springville Union School

Woodlake Fire District

 

Visalia Unified School

 

 

 

BOARDS & COMMISSIONS

 

 

In-Home Supportive Services Agency

 

 

Tulare County Association of Governments (TCAG)

TCAG - Tulare County Transportation Authority

Tulare County Redevelopment Agency

 

 

Tulare County Flood Control District

 

 

Tulare County Public Law Library

 

 

Tulare County Employees' Retirement Association (TCERA)

 

District Attorney

14.             Authorize the submission of a grant application for funding from the U.S. Department of Justice, Office on Violence Against Women for Fiscal Year 2011 to assist Children and Youth Exposed to Sexual Assault, Domestic Violence, Dating Violence and Stalking Program in the amount of $400,000 for a 24 month period beginning on or about October 1, 2011.

General Services Department

15.             Waive the fees for the use of Mooney Grove Park by the HandsOn Central California for the Senior Day Picnic on Friday, May 13, 2011.

Health & Human Services Agency

16.             Reaffirm the Declaration of State of Emergency pertaining to flooding set out in Resolution No. 2010-1016 and adopted December 21, 2010.

17.             Ratify and approve an amendment to Agreement No. 23197 with Central Valley Recovery Services, Inc.: Pine Recovery Center, New Visions, Mothering Heights, New Heights, Family Services, and New Hope in an amount not to exceed $5,259,027 (an increase of $138,240 from $5,120,787 to $5,259,027) to provide alcohol and drug recovery services, retroactive to December 1, 2010 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of December 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 amendment to Agreement No. 19959 with Kaweah Delta Health Care District for the provision of mental health services from Kaweah Delta Mental Health Hospital, to update the Rate Structure listed in paragraph 4.1 by the following: the Psychiatric Acute Hospitalization Rate is $1,050 and the Administrative Day Rate is $352.26, retroactive to January 1, 2011 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of January 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

19.             Ratify and approve an amendment to Tulare County Purchasing Agent Professional Services Agreement No. 5295 with Gus Nevarez, D.D.S., to increase the maximum amount of the agreement by $75,000 from $100,000 to $175,000 for the provision of dental services for Tulare County Health & Human Services Agency clients, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to amend Professional Services Agreement No. 5295 as of July 1, 2010, and that it was in the County's best interest to amend the Professional Services Agreement on that date.

20.             Ratify and approve an Agreement with Aspiranet to provide Foster Care Services, retroactive to July 1, 2010. 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 Agreement with Family Builders Foster Care, Inc. to provide Intensive Foster Care Services, 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.

22.             Ratify and approve an Agreement with the California Department of Public Health (CDPH), Immunization Branch to receive funding in the amount of $150,110 for the Tulare County Health & Human Services Agency (HHSA) to renew the provision for an Immunization Program in Tulare County, retroactive from 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.

23.             Ratify and approve an Agreement with the California Department of Public Health (CDPH), Immunization Branch to receive funding in the amount of $17,845 to develop and implement local and/or regional automated immunization information and reminder systems, 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.

24.             Ratify and approve an Agreement with the California Department of Public Health, Office of AIDS, to receive funding for the HIV/AIDS Surveillance Program and the HIV Care Program in the amount of $543,789, retroactive to July 1, 2010 through June 30, 2013 to provide necessary infection information and service prioritization and delivery. 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.

25.             Ratify and approve the award for funding in the amount of $104,903 from the California Department of Public Health, Tuberculosis Control Branch, to support tuberculosis prevention and control, retroactive to July 1, 2010 through June 30, 2011. Find that the Board has authority to accept the awards as of July 1, 2010, and that it was in the County's best interest to accept the award on that date.

26.             Ratify and approve the Memoranda of Understanding to provide services on behalf of the Child Welfare Services foster children through cooperation, collaboration, and sharing of appropriate information between the Tulare County Health & Human Services Agency (HHSA) Child Welfare Services Division and the following participating Foster Family Agencies: The Grace Homes; Family Builders Foster Care, Inc.; Promesa Behavioral Health; A Positive Attitude Outlook, Inc.; Aspiranet, Inc.; EMQ FamiliesFirst Agency; Golden State Family Services; Pioneer Home Outreach, Inc.; and Koinonia Foster Homes. Find that the Board had authority to enter into the proposed Memoranda of Understanding as of July 1, 2010, and that it was in the County's best interest to enter into the Memoranda of Understanding on that date.

27.             Ratify and approve the Agreements between Tulare County Health & Human Services Agency and the Sub-recipients of the Fiscal Year 2010 Homeland Security Grant Program: Cities of Dinuba, Farmersville, Lindsay, Porterville, Tulare, Visalia, and Woodlake, College of the Sequoias, and Kaweah Delta Health Care District. Find that the Board had authority to enter into the proposed agreements as of October 5, 2010, and that it was in the County's best interest to enter into the agreements on that date.

Information Technology

28.             Approve technology enhancements and associated projected costs for the Tulare County Health and Human Services Agency, TulareWORKs Division. Approve the necessary budget adjustments. (4/5ths vote required)

Resource Management Agency

29.             Introduce and waive the first reading of an Ordinance amending Parts A, C and D of Section 16.2 of the Tulare County Zoning Ordinance No. 352 pertaining to abolishing the Site Plan Review Committee and transferring duties and authority to the Tulare County Planning Commission.

30.             Introduce and waive the first reading of an Ordinance amending Sections 1-03-1585 and 1-03-1590 of Article 11 of Chapter 3 of Part I of the Ordinance Code of Tulare County pertaining to abolishing the Office of Zoning Administrator and transferring duties and authority to the Tulare County Planning Commission.

31.             Approve the Measure R Program Supplement to Tulare County Transportation Cooperative Agreement in the amount of $155,000 to allow the following: a) Cost reimbursement, in the amount of $150,000, for pedestrian improvements on Washington Avenue between State Street and Church Road in the community of Earlimart; and b) Cost reimbursement, in the amount of $5,000, for a bike sign installation project on Rocky Hill Drive between Avenue 280 and Yokohl Drive (M296), near Exeter.

32.             Review and accept the Commercial River Rafting Annual Report. Authorize eight (8) rafting companies that were issued Commercial River Licenses (CRL's) in Calendar Year to maintain their status and be offered the opportunity to apply for a 2011 Commercial Rafting License.

33.             Approve the transfer of the Betty Drive/Avenue 312 Realignment and Improvement Project and the Golden Valley Safe Routes to School (SR2S) Project from Tulare County Redevelopment Agency (TCRA) to the Road Fund. Approve the necessary budget adjustments. (4/5ths vote required). Direct Auditor and Purchasing Agent to make the necessary changes to the contracts and/or agreements.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

34.             Approve the transfer of the Betty Drive/Avenue 312 Realignment and Improvement Project and the Golden Valley Safe Routes to School (SR2S) Project from Tulare County Redevelopment Agency (TCRA) to the Road Fund. Approve the necessary budget adjustments. (4/5ths vote required). Direct Auditor and Purchasing Agent to make the necessary changes to the contracts and/or agreements.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

35.             Authorize the submittal of an online grant application with the National Institute of Justice in an amount up to $500,000 for Solving Cold Cases with DNA Program for Fiscal Year 2011.

36.             Ratify and approve an amendment to Agreement No. 22879 with Global Tel*Link to include a commission increase from 53% to 55% on gross revenue and an adjustment to change the rates for international calls for providing inmate telephone services at the Sheriff's Detention Facilities, retroactive to November 1, 2010 through October 31, 2012. Find that the Board had the authority to enter into the proposed agreement as of November 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

37.             Approve an Agreement with Kaweah Delta Health Care District for the use of office space at the South Court Street complex for the Tulare County Sexual Assault Response Team Program examinations.

38.             Approve a Memorandum of Understanding with the Social Security Administration for participation in the Incentive Payment Program to allow the Sheriff's Department to receive incentive payments for those inmates who meet the necessary requirements for suspension of benefits during their incarceration.

39.             Authorize the Purchasing Agent to disburse $99,913 of the purchase price of the aircraft approved in Board Resolution No. 2011-0100 as a deposit to the aircraft manufacturer, Flight Design USA, prior to receiving the airplane.

 

Workforce Investment Board

40.             Appoint the following individuals to the Workforce Investment Board of Tulare County Board of Directors as follows: Teri Dobson - Public Sector Native American for a term ending May 31, 2012; Randy Baerg - Business for a term ending May 31, 2011; and Rosemary Rusca - Public Sector for a term ending May 31, 2011.

41.             Approve budget adjustments adding $950,000 from the State of California for the unilateral modification of Agreement No. 24616 pertaining to the Dislocated Worker funds. (4/5ths vote required)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

42.             Request from County Administrative Office to approve sending a letter of support for Senate Bill 325 (Rubio), which would state the intent of the Legislature to create the Central California Railroad Authority to ensure continuation of short-line railroad operations in the counties of Kern, Kings, Tulare and Fresno.

43.             Request from the Board of Supervisors to approve the Step Up Service Learning Grant Program to award the following Junior High Schools with a $4,000 grant, as recommended by the Tulare County Youth Commission, to perform a service learning project with students from their schools: Wilson Middle School, District One; Woodville Union School, District Two; La Sierra Military Academy, District Three; Stone Corral School, District Four; and Burton Middle School, District Five. Authorize and approve the Chairman to sign grant agreements, subject to review and approval as to form by County Counsel.

(Closed Session)


 

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

 

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

Tentative Subdivision Tract No. 810 application by Gerald Leatherman to divide 15.49 acres into six residential lots, east of Tulare.

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

Requests from RMA to Acquire Property for the Road 80 Widening Project Using the Eminent Domain Process from Mr. Martinez.

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: 1

Request from RMA to Adopt the Findings of Facts for the Santa Fe Bike Path Project.

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: 1

Request from RMA to Certify the Final Environment Impact Report for the Santa Fe Bike Path Project.

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: 1

Request from RMA to Adopt a Mitigation Monitoring and Reporting Plan for the Santa Fe Bike Path Project.

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: 1

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

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 - 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 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

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 L

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...