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

 

May 17, 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 to authorize submittal of a 2010-11 Community Development Block Grant (CDBG) General and Economic Development Planning and Technical Assistance (PTA) Allocation Application; and provide citizens the opportunity to comment on the expenditure of CDBG Program Income funds. As required by State regulations, authorize submittal of the 2010-11 CDBG PTA Grant application for $140,000 in funding to be distributed as follows: Tract 92 Well Remediation Feasibility Study, $70,000; Goshen Community Revitalization Study, $35,000; and Harmon Field Preliminary Industrial Development Study, $35,000. Commitment of additional local Program Income to activities in the application is hereby approved by the County for the General allocation application as follows: Tract 92 Well Remediation Feasibility Study CDBG Program Income $1,400. Authorize the transfer of $1,400 in CDBG Program Income funds out of the Housing Revolving Loan Account and commit those funds as cash match for the PTA activity. Authorize the Chairman of the Board of Supervisors to sign the completed application and accompanying documents on behalf of the County. Authorize the County Administrative Officer to act on the County's behalf in all other matters pertaining to the application. 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 with the State of California and any amendments thereto, any and all other documents necessary or required for participation in the grant program, subject to County Counsel review and approval as to form. Authorize and direct the Community Development Manager to submit Funds Requests and other program-supporting documentation.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

4.                  Request from Resource Management Agency to authorize commitment and expenditure of Tulare County Redevelopment Agency (TCRA) funds in the amount of $1,400 from the Tulare County Redevelopment Project Areas to be used as local leverage for the 2011 Community Development Block Grant (CDBG) Planning and Technical Assistance (PTA) Application. Find that leveraging financial resources for these activities in these communities: (a) is consistent with the adopted Redevelopment Plans; (b) implements the affected redevelopment plan by assisting in the eradication of economic blight; (c) is consistent with the current Implementation Plans adopted in 2010, pursuant to Health and Safety Code 33131 (a) and (c) and 33133; and (d) will directly benefit low or moderate-income persons. Find that there are no other reasonable and available means of financing the local leverage for the proposed activities and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

5.                  PUBLIC HEARING: Request from Resource Management Agency to certify that it has reviewed and considered the information contained in the Negative Declaration prepared for General Plan Amendment No. GPA 09-003 and Change of Zone No. PZ 09-004 as requested by Pena's Disposal, together with any comments received during the public review process, in compliance with the California Environmental Quality Act of 1970 and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended, prior to taking action on the General Plan Amendment and Change of Zone. Find there is no substantial evidence that General Plan Amendment GPA 09-003 and Change of Zone No. PZ 09-004 will have a significant effect on the environment and determine that the Negative Declaration prepared for said general plan amendment reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act of 1970 and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Amend the Cutler-Orosi Area Land Use Plan as requested in GPA 09-003 from Residential Reserve to Industrial on 6.77 acres and from Industrial Reserve to Industrial on 11.3 acres on an 18 acre site. Adopt the findings for approval for the General Plan Amendment and Change of Zone, as set forth in Planning Commission Resolution No. 8560 and 8561. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance.

6.                  PUBLIC HEARING: Request from the Resource Management Agency for Acquisition of Property by Eminent Domain for the Road 108 Reconstruction Project Pursuant to Code of Civil Procedure Section 1245.330; Kampen. 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)

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 15)

 

 

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

7.                  Ratify and approve an agreement with the California Department of Food and Agriculture to provide $346,261 in State subvention to offset costs of Asian Citrus Psyllid Detection Trapping, retroactive to October 1, 2010 through September 30, 2011. Find that the Board had authority to enter into the proposed agreement as of October 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

Board of Supervisors

8.                  Ratify the following Proclamations: Recognizing the Importance of The Blue Tech Valley Water Conference; and Honoring Corey Sumpter upon his Retirement from the Visalia Police Department.

County Administrative Office

9.                  Ratify actions taken by the County Administrative Officer during the month of April 2011 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

10.             Approve sending a letter of opposition to AB 210 (Solorio) which would add, amend and repeal sections of the Health and Safety Code relating to emergency medical services. Approve sending a letter of opposition to AB1220 (Alejo) which would expand from over one year to five years the statute of limitations to sue a city or county, challenging the adoption of a housing element or a number of related ordinances. Approve sending a letter of opposition to SB 744 (Wyland) which would allow water submeters to be installed and used for billing residents without first being tested for accuracy by the County Sealer.

11.             Approve a contract with Nielsen, Merksamer, Parrinello, Gross & Leoni, Inc. for outside counsel services related to the redistricting process, retroactive to January 1, 2011, through December 31, 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.

District Attorney

12.             Ratify and approve a second amendment to Agreement No. 24021 with the California Emergency Management Agency for the Central Valley Rural Crime Prevention Program to extend the grant term from June 30, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed amendment as of July 1, 2010, and that it was in the County's best interest to enter into the amendment on that date. Approve a third amendment to Agreement No. 24021 with the California Emergency Management Agency to accept additional grant funding in the amount of $185,266 for the Central Valley Rural Crime Prevention Program from June 30, 2011 through December 31, 2011.

General Services

13.             Approve an amendment to Agreement No. 22791 with Peninsula Messenger Service to extend the contract for one year to provide private courier for pick up and delivery of inter-office mail and other supplies/items required by the County for the various County offices.

Information Technology

14.             Approve the Statement of Work No. 2 amendment to Agreement No. 14242 with CGI, Inc. for ongoing maintenance of the AFIN software and the first phase of the upgrade from Advantage Financial 3.6.1 to 3.8.0.2 used by the County as its financial system.

Sheriff/Coroner

15.             Authorize an amendment to Agreement No. 24026 to extend the termination date from June 30, 2011 to December 31, 2011 and increase the grant award from $923,716 to $1,076,958 to allow the California Emergency Management Agency to make additional reimbursements for program operation.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

16.             Request from Health & Human Services Agency to approve the request for additional staffing in response to increased administrative work and program caseloads. Approve the job specs for newly created positions (CWS Family Advocate, CWS Policy & Program Specialist, CWS Statistical Research Analyst, Supervision Licensed Social Worker). Approve the Personnel Resolution adding 25 positions.

(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: 1

Pena's Disposal General Plan Amendment No. 09-003 and Change of Zone No. PZ 09-004 to amend the Cutler-Orosi Area Land Use Plan and change 6.77 acres from Residential Reserve to Industrial Reserve to Industrial. Board of Supervisor Agenda Item, May 17, 2011.

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

Acquisition of Property by Eminent Domain for the Road 108 Reconstruction project pursuant to Code of Civil Procedure 1245.330. Property owners Floyd Kampen and Gail Kampen Board of Supervisors agenda item May 3, 2011.

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Marroquin, Gilbert, et al vs. County of Tulare, et al Tulare County Superior Court Case Number 11-242155

Next Item(s) Sitting as...

ITEM D

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...