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

 

September 27, 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 County Administrative Office to adopt a final plan for redistricting of supervisorial boundaries.

4.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt Findings of Compatibility for Williamson Act contracted land, Special Use Permit No. PSP 10-015 (Vestal Almond) for a 20 Megawatt Solar Photovoltaic Electrical Generation Facility on 141.37 acres of a 203 acre site zoned AE-40 (Exclusive Agricultural 40 acre minimum), located in the southern area of the County, approximately 4 miles south of Ducor, 3.75 miles northeast of Richgrove and 0.64 miles west of Highway 65, pursuant to the following: a) Williamson Act requirements for compatibility as defined in California Government Code sections 51238 and 51238.1; b) Tulare County "Uniform Rules for Agricultural Preserves" (Board of Supervisors Resolution No. 89-1275); c) Board of Supervisors Resolution No. 2010-0590, which amended Resolution No. 2010-0458 to include Agricultural Zone Districts in the Solar and Wind Electrical Generation Facilities of Tulare County Zoning Ordinance No. 352; and d) Resolution No. 2010-0717, which established criteria adopted by the Board for Public and Private Utility Structures located on Agricultural Zoned Lands and lands under Williamson Act Contracts. Direct the Clerk of the Board of Supervisors to record this Resolution in the Office of the Tulare County Recorder.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt Findings of Compatibility for Williamson Act contracted land, Special Use Permit No. PSP 10-017 (Vestal Herder) for a 40 Megawatt Solar Photovoltaic Electrical Generation Facility on approximately 292 acres of a 312.63 acre site zoned AE-40 (Exclusive Agricultural 40 acre minimum), located in the southern area of the County, approximately 4 miles south of Ducor, and abuts Highway 65 to the east, Avenue 32 to the north and Road 224 to the west, within Sections 15 & 16, Township 24 South, Range 27 East, M.D.B & M, pursuant to the following: a) Williamson Act requirements for compatibility as defined in California Government Code Sections 51238 and 51238.1; b) Tulare County "Uniform Rules for Agricultural Preserves" (Board of Supervisors Resolution No. 89-1275); c) Board of Supervisors Resolution No. 2010-0590, which amended Resolution No. 2010-0458 to include Agricultural Zone Districts in the Solar and Wind Electrical Generation Facilities of Tulare County Zoning Ordinance No. 352; and d) Resolution No. 2010-0717, which established criteria adopted by the Board for Public and Private Utility structures located on Agricultural Zoned Lands and lands under Williamson Act Contracts. Direct the Clerk of the Board of Supervisors to record this Resolution in the Office of the Tulare County Recorder.

 

 

 

 

6.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt Findings of Compatibility for Williamson Act contracted land, Special Use Permit No. PSP 10-054 (Vestal Fireman) for a 20 Megawatt Solar Photovoltaic Electrical Generation Facility on 160 acres of a 160 acre site zoned AE-40 (Exclusive Agricultural 40 acre minimum), located in the southern area of the County, approximately 1 mile east of Highway 65, abutting Road 240 to the east, within the southern quarter of Section 11, Township 24 South, Range 27 East, M.D.B & M, pursuant to the following: a) Williamson Act requirements for compatibility as defined in California Government Code sections 51238 and 51238.1; b) Tulare County "Uniform Rules for Agricultural Preserves" (Board of Supervisors Resolution No. 89-1275); c) Board of Supervisors Resolution No. 2010-0590, which amended Resolution No. 2010-0458 to include Agricultural Zone Districts in the Solar and Wind Electrical Generation Facilities of Tulare County Zoning Ordinance No. 352; and d) Resolution No. 2010-0717, which established criteria adopted by the Board for Public and Private Utility Structures located on Agricultural Zoned Lands and lands under Williamson Act Contracts. Direct the Clerk of the Board of Supervisors to record this Resolution in the Office of the Tulare County Recorder.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 32)

 

 

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/Treasurer-Tax Collector

7.                  Authorize the Auditor-Controller/Treasurer-Tax Collector to be able to create County-controlled funds and to borrow and loan money between County-controlled funds.

Board of Supervisors

8.                  Ratify a Proclamation Recognizing September 17-23, 2011 as Constitution Week in Tulare County.

9.                  Approve the extension of the Visalia Arts Consortium's designation as the official Arts Council of Tulare County through September 2013.

10.             Appoint the following individuals to the Health Advisory Council:

Community Partners with terms ending February 1, 2013

Dr. Chris J. Rodarte, Hospitals, Clinics, Medical Service Agencies

Dr. William Goodin, Health Practitioners

John Crivello, Law Enforcement

Kathy Johnston, Schools

Frank Ardon, Other Organizations

 

County Appointments with terms ending February 1, 2013

Karen Haught, Public Health Officer or Designee

Erma Montion, Community Health Board Member

 

District Appointments with terms ending February 1, 2014

Barry L. Gambini, District One Representative

Frankie Gonzalez, District Two Representative

Candace Hilvers, District Three Representative

Jose Duarte, District Four Representative

George Patterson, District Five Representative

 

County Appointments with terms ending February 1, 2014

Pete Vander Poel, Board of Supervisors

John Hess, Primary Member - Resource Management Agency

Laurie Mercer, Alternate Member - Resource Management Agency

Kenneth Bowers, Environmental Health

 

County Administrative Office/Capital Projects

11.             Approve an amendment to Agreement No. 24866 with BVI Construction, Inc. for the Probation Office Renovation Project in the amount of $823,258. Authorize the Chairman to sign the amendment, subject to review and approval as to form by County Counsel. Approve the necessary budget adjustments. (4/5ths vote required)

Health & Human Services Agency

12.             Approve the Capital Asset purchase of one (1) full-size pick-up truck for the Environmental Health Surveillance Program. Approve the necessary budget adjustments. (4/5ths vote required)

13.             Approve the adjustment in the Capital Asset line and proposed Fiscal Year 2011/2012 budget in the amount of $7,542 for the purchase of a plotter for the County's Emergency Operations Center. Approve the necessary budget adjustment. (4/5ths vote required)

14.             Approve the Spending Plan recommendations from the Child Abuse Prevention Council for the following funding sources: Community Based Child Abuse Prevention (CBCAP); Child Abuse Prevention; Intervention and Treatment (CAPIT); and Children's Trust Fund (CTF) for Fiscal Year 2011/2012. The total amount of funding is $265,778.

15.             Authorize the submittal of the application for the 2011 State Homeland Security Grant Program, not to exceed $667,589 to enhance the ability to prepare for, prevent, respond to, and recover from terrorist attacks and other disasters.

16.             Approve the operating budget for the Tulare County Child Abuse Prevention Council (CAPC) in the amount of $40,000 from the Children's Trust Fund (CTF) for Fiscal Year 2011/2012.

17.             Approve an amendment to Agreement No. 23923 with Proteus, Inc. in an amount not to exceed $1,099,148 to provide comprehensive job services to clients of TulareWORKs from October 1, 2011 through September 30, 2012.

18.             Approve an amendment to Agreement No. 23924 with SEE and Company in an amount not to exceed $475,000 to provide comprehensive job services to clients of TulareWORKs from October 1, 2011 through September 30, 2012.

19.             Approve an amendment to Agreement No. 23972 with Community Services and Employment Training Inc. in an amount not to exceed $1,351,274 to provide comprehensive job services to clients of TulareWORKs from October 1, 2011 through September 30, 2012.

20.             Approve an amendment to Agreement No. 24471 with Community Services and Employment Training, Inc. in an amount not to exceed $541,066 to provide pre-employment counseling, skills assessment, education and life skills training for the Youth Transitions Program, effective October 1, 2011 through September 30, 2012.

21.             Approve a Memorandum of Understanding with Lindsay Unified School District to coordinate services for TulareWORKs through the Supporting Father Involvement Program, retroactive to September 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the Memorandum of Understanding on September 1, 2011 and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

22.             Approve the Tulare County Mental Health Services Act, Prevention and Early Intervention Statewide Projects Plan 2008-2012 as submitted to the Tulare County Board of Supervisors per requirements of Assembly Bill 100. Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Prevention and Early Intervention Statewide Projects Plan 2008-2012. Authorize the Tulare County Director of Mental Health to accept all the Mental Health Services Act, Prevention and Early Intervention Statewide funds from fiscal year 2011-2012 and prior fiscal years in the amount of $1,928,400, per Assembly Bill 100. Approve the necessary budget adjustments. (4/5ths vote required).

Human Resources & Development

23.             Approve the Side Letter Agreement between County of Tulare and Tulare County Professional Firefighters Association suspending the Furlough Program.

Information & Communications Technology

24.             Approve Statement of Work No. 3 to Amendment F of Agreement No. 14242 with CGI, Inc. in an amount not to exceed $377,250 for ongoing maintenance of the AFIN software and the next phase of the upgrade from Advantage Financial 3.6.1 to 3.8.0.2, retroactive to September 20, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed statement of work as of September 20, 2011, and that it was in the County's best interest to enter into the agreement on that date.

25.             Approve the renewal with Netsmart Technologies in an amount not to exceed $105,835 to provide license and support of the Comprehensive Managed Health Care Management Information System software for the period of January 1, 2012 through December 31, 2012.

Library

26.             Accept the grant funding award from the California State Library called Teen Vooks: Exposing Teens to tools for Digital Creativity in the amount of $28,000 for Fiscal Year 2011/2012. Approve the necessary budget adjustments. (4/5ths vote required)

27.             Approve the changes in the By-Laws of the Tulare County Library Advisory Board.

Sheriff/Coroner

28.             Approve the Capital Asset purchase of a Dump Trailer for the Sheriff's Tactical Enforcement Personnel Team in an amount not to exceed $7,200. Approve the necessary budget adjustments. (4/5ths vote required)

29.             Approve an agreement with California Department of Corrections and Rehabilitation, California Division of Juvenile Justice in the amount of $77.17 per day to provide housing for revoked parole violators effective upon the signing by all parties of the Division of Juvenile Parole Operations Housing Agreement for Revoked Parole Violators through December 31, 2013. Approve the necessary budget adjustments. (4/5ths vote required)

30.             Approve an agreement with the U.S. Department of Justice, Drug Enforcement Administration, Organized Crime Drug Enforcement Task Force, retroactive to September 1, 2011 through September 30, 2011. Find that the Board had authority to enter into the agreement as of September 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

Workforce Investment Board

31.             Appoint William DeLain as Chair to the Workforce Investment Board of Tulare County Board of Directors.

32.             Approve the addition of one (1) Administrative Services Officer II, effective October 24, 2011. Approve the Personnel Resolution amending the Position Allocation Listing.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

33.             Request from the Probation Department to approve the Public Safety Realignment Act AB 109 Implementation Plan for Fiscal Year 2011/2012.

 

 

34.             Request from the Probation Department to accept grant funding in the amount of $5,657,817 from the State of California for the implementation of the 2011 Public Safety Realignment Act (AB 109) for Fiscal Year 2011/12. Accept grant funding in the amount of $150,000 from the State of California to assist the Community Corrections Partnership in the development of the AB 109 Implementation Plan. Approve the adoption of a new class specification and designation for Social Worker-Public Defender, a proposed new position for the Public Defender's Office. Approve a Personnel Resolution amending the Fiscal Year 2011/12 position allocations for the Probation Department, adding 16 FTE's; Public Defender's Office, adding 5 FTE's; District Attorney's Office, adding 3 FTE's; Health and Human Services Agency, adding 2 FTE's; and the Sheriff's Department, adding 52 FTE's. Approve the Capital Asset purchase of ten (10) vehicles for the Probation Department in an amount not to exceed $260,000. Approve the necessary budget adjustments for the Probation Department, Public Defender's Office, District Attorney's Office, Health and Human Services and the Sheriff's Department. (4/5th's vote required).

35.             Request from the Resource Management Agency to approve the Developer Agreement and Reclamation Plan with financial assurances with SR Solis Vestal Almond, LLC for Special Use Permit No. PSP 10-015 to allow the construction and operation of a 20 megawatt solar photovoltaic electric generating facility on a 141 acre site in an AE-40 (Exclusive Agriculture - 40 acre minimum) Zone located in the southern area of the County, approximately 4 miles south of Ducor, 3.75 miles northeast of Richgrove and 0.64 miles west of Highway 65. Authorize the Chairman to sign the Developer Agreement, subject to approval as to form by County Counsel.

36.             Request from the Resource Management Agency to approve the Developer Agreement and Reclamation Plan with financial assurances with SR Solis Vestal Herder, LLC for Special Use Permit No. PSP 10-017 to allow the construction and operation of a 40 megawatt solar photovoltaic electric generating facility on a 292 acre site in an AE-40 (Exclusive Agriculture - 40 acre minimum) Zone located in the southern area of the County, approximately 4 miles south of Ducor, and abuts Highway 65 to the east, Avenue 32 to the north and Road 224 to the west, within Sections 15 & 16, Township 24 South, Range 27 East, M.D.B & M. Authorize the Chairman to sign the Developer Agreement, subject to review and approval as to form by County Counsel.

37.             Request from the Resource Management Agency to approve the Developer Agreement and Reclamation Plan with financial assurances with SR Solis Vestal Fireman, LLC for Special Use Permit No. PSP 10-054 to allow the construction and operation of a 20 megawatt solar photovoltaic electric generating facility on a 160 acre site in an AE-40 (Exclusive Agriculture - 40 acre minimum) Zone located in the southern area of the County, approximately 1 mile east of Highway 65, abutting Road 240 to the east, within the southern quarter of Section 11, Township 24 South, Range 27 East, M.D.B & M. Authorize the Chairman to sign the Developer Agreement, subject to approval as to form by County Counsel.

38.             Rescind Resolution No. 2011-0159 and Agreement No. 24917 regarding transfer of Redevelopment Agency funds and assets.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVSIORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

39.             Rescind Resolution No. RA 2011-05 and Agreement No. RA-109 regarding transfer of Redevelopment Agency funds and assets.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

40.             Authorize and establish the County of Tulare as the Successor Agency of the Tulare County Redevelopment Agency. Adopt a Resolution electing to retain the housing assets, functions, rights, powers, liabilities, duties and obligations previously performed by the Redevelopment Agency pursuant to Health and Safety Code Section 34176(a). Direct the Clerk of the Board to record a CEQA Notice of Exemption with the County Clerk of Tulare County.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

41.             Direct Staff to provide the Preliminary Draft of the Initial Recognized Obligation Payment Schedule to the Successor Agency pursuant to Health and Safety Code Section 34169(h) by September 30, 2011.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

42.             Direct Staff to proceed under the Assembly Bill X1 26, the Dissolution Act; or Direct Staff to proceed under Assembly Bill X1 27, the Voluntary Program Act.

43.             Conditionally adopt the Nonbinding Resolution of Intent declaring the County of Tulare's intent to adopt an Ordinance to continue the Tulare County Redevelopment Agency and comply with Part 1.9 of Division 24 of the California Health and Safety Code.

(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

Threatened litigation regarding supervisorial redistricting

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: 2

Public Hearing for Findings of Compatibility for Williamson Act contracted land (Contract No. 12466, APN 339-050-001), Special Use Permit No. PSP 10-015 (Solis Vestal Almond) for a 20 Megawatt Solar Photovoltaic Electrical Generation Facility on 141.37 acres of a 203 acre site zoned AE-40, southwest of Ducor

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: 2

Public Hearing for Findings of Compatibility for Williamson Act contracted land (Contract No. 6919, APN's 339-080-026 & 339-080-025), Special Use Permit No. PSP 10-017 (Solis Vestal Herder) for a 40 Megawatt Solar Photovoltaic Electrical Generation Facility on approximately 292 acres of a 312.63 acre site zoned AE-40, southwest of Ducor

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: 2

Public Hearing for Findings of Compatibility for Williamson Act contracted land (Contract No. 10058, APN 339-040-001), Special Use Permit No. PSP 10-054 (Solis Vestal Fireman), for a 20 Megawatt Solar Photovoltaic Electrical Generation Facility on a 160 acre site zoned AE-40, southwest of Ducor

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: 2

Developer Agreement and Reclamation Plan for Special Use Permit No. PSP 10-015 (SR Solis Vestal Almond, LLC) a 20 Megawatt Solar Photovoltaic Electric Generating Facility on a 141 Acre Site in an AE-40 Zone, South of Ducor. Board of Supervisors Agenda Item September 27, 2011

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: 2

Developer Agreement and Reclamation Plan for Special Use Permit No. PSP 10-017 (SR Solis Vestal Herder, LLC) a 40 Megawatt Solar Photovoltaic Electric Generating Facility on a 292 Acre Site in an AE-40 Zone, South of Ducor. Board of Supervisors Agenda Item September 27, 2011

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Developer Agreement and Reclamation Plan for Special Use Permit No. PSP 10-054 (SR Solis Vestal Fireman, LLC) a 20 Megawatt Solar Photovoltaic Electric Generating Facility on a 160 Acre Site in an AE-40 Zone, South of Ducor. Board of Supervisors Agenda Item September 27, 2011

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Mario Lopez Jr., et al vs. County of Tulare, et al

United States District Court Eastern District of California Case Number: 1:11-CV-01547-LJO-SMS

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Jeff Cardell, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...

ITEM J 1:30 p.m. - 3:30 p.m. Interviews

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Board Representative I/II

Next Item(s) Sitting as...