MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

CONNIE CONWAY - Chairman

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 733-6271

FAX (559) 733-6898


 

September 30, 2008

 

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. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

1.                  PUBLIC HEARING: Request from Resource Management Agency to consider the vacation of that undeveloped portion of Lilac Lane extending east of Grant Lane adjoining Lots 1 through 5 in the Mesa Addition to Wilsonia, in the County of Tulare, State of California, as per map recorded in Book 17, Page 2 of Maps, Tulare County Records. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted Tulare County California Environmental Quality Act Guidelines as a Class 5(e), abandonments of existing street, alley and utility easements on which no road improvements exist, and direct the Environmental Assessment Officer to sign and file a Notice of Exemption with the Tulare County Clerk. Determine that the hereinbefore described portion of Lilac Lane is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate the aforementioned portion of Lilac Lane. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor Clerk/Recorder.

2.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal filed by J. Frank Gomez, Roberto Alvarado and Arturo Alvarado, upholding the decision of the Zoning Administrator denying Zone Variance No. PZV 07-042 (ZA) for the creation of two 9.26 acre parcels from an 18.52 acre parcel in the AE-20 (Exclusive Agricultural-20 acre minimum) Zone, on the property located on the northwest corner of Road 112 and Avenue 408, east of Dinuba.

(Consent Calendar)

CONSENT CALENDAR (Number 3 through 21)

 

 

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

3.                  Approve the purchase of 51 replacement vehicles for Fiscal Year 2008/2009. Authorize payment for those vehicles from the Workers' Compensation Insurance Fund.

Board of Supervisors

4.                  Cancel the regular meeting of the Board of Supervisors on December 30, 2008.

 

5.                  Ratify the following Proclamations: Honoring Ed Dena as the Latino Peace Officers Association's 2008 Man of the Year; Honoring Captain Dahl Cleek as the Latino Peace Officers Association's Lifetime Achievement Award recipient; Honoring Adam Valencia as the Latino Peace Officers Association's Peacekeeper Award recipient; Honoring Kathryn Montejano as the Latino Peace Officers Association's 2008 Woman of the Year; Honoring Leonel Benavides as a Latino Peace Officers Association Community Service Award recipient; Honoring Ellen Gorelick as a Latino Peace Officers Association Community Service Award recipient.

6.                  Approve a Resolution opposing Proposition 2 on the November 4, 2008 California ballot that would require that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely.

Health & Human Services Agency

7.                  Ratify and approve an amendment to Agreement No. 21948 with Porterville Halfway House, Inc. d.b.a. The PAAR Center in the amount of $728,891 to provide alcohol and drug recovery services, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

8.                  Ratify and approve an amendment to Agreement No. 21997 with Turning Point of Central California, Inc. d.b.a. Turning Point Youth Services in the amount of $675,884 for the provision of drug and alcohol recovery and prevention services, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

9.                  Ratify and approve an amendment to Agreement No. 23197 with Central Valley Recovery Services, Inc. (formerly known as Tulare County Alcoholism Council, Inc.); Pine Recovery Center, New Visions, Mothering Heights, and New Heights in the amount of $874,027, for the continued provision of alcohol and drug recovery and prevention services for Tulare County residents, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

10.             Ratify and approve an amendment to Agreement No. 23424 with Families First, Inc. to provide Wraparound services for families with multiple, complex needs that may threaten the families' stability and well-being, and the ability to keep their children safely at home, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

11.             Ratify and approve an agreement with Visalia Unified School District for a clinical training program for students enrolled in licensed vocational nursing classes, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

12.             Accept the recommendations of the Children's Service Network and the Tulare County Child Abuse Prevention Council for funding of child abuse prevention programs from the following funds: Promoting Safe and Stable Families Fund, Community Based Child Abuse Prevention Fund, Child Abuse Prevention, Intervention and Treatment Fund, and the Children's Trust Fund for Fiscal Year 2008/2009.

13.             Authorize the Chairman of the Board to sign the Notice of Intent Regarding Child Abuse Prevention, Intervention and Treatment, Community Based Child Abuse Prevention, and Promoting Safe and Stable Families Plan Contracts for Tulare County. Designate Tulare County Health and Human Services Agency as the public agency responsible for administration of the Child Abuse Prevention, Intervention and Treatment, Community Based Child Abuse Prevention, and Promoting Safe and Stable Families Plan Contracts. Approve extending the Office of Child Abuse Prevention Three-Year Plan to January 2012.

14.             Authorize the submittal of the regional application to the California Integrated Waste Management Board for the Household Hazardous Waste Grant (17th Cycle) on behalf of Tulare County and the participating cities that proposes the purchase of approved sharps containers for home-generated sharps waste such as hypodermic needles, lancets, and other devices.

Human Resources & Development

15.             Ratify and approve a Memorandum of Understanding with the Tulare County District Attorney Investigators Association (Bargaining Unit #5), retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

16.             Ratify and approve the Memorandum of Understanding with the Professional Association of Tulare County Physicians (Bargaining Unit #16), retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

17.             Approve changes for employees in Units 9, 10, 11, 19, 20 and 21.

Information Technology

18.             Ratify and approve the annual renewal of license and maintenance agreements with CompuCom to provide use licenses and maintenance support for Novell Groupwise email and Novell Operating System in the amount of $392,887, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

 

 

 

Probation

19.             Ratify and approve an amendment to Agreement No. 23441 with the City of Visalia to provide the services of a Probation Officer for the operation of the Police/Probation Partnership Program to increase accountability for probationers retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

20.             Adopt the County of Tulare Transit Development Plan, April 2008.

Sheriff/Coroner

21.             Approve submission of an application to the Governor's Office of Emergency Services for a Children Exposed to Domestic Violence Response Team Grant in an amount up to $175,000.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

22.             Request from Resource Management Agency to adopt a Negative Declaration to construct a new Motor Pool Facility and associated site improvements at the Central Road Yard, 14001 Avenue 256, Visalia, CA. Approve the contract documents for this project. Authorize staff to advertise for bids and set the bid opening date for Thursday, October 30, 2008 at 10:00 a.m.

23.             Public Comments

24.             Board of Supervisors matters.

(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

Approve the construction contract and authorize staff to advertise for bids for the Motorpool; adopt a negative declaration for the proposed construction of a new Motorpool facility. See Board of Supervisors Agenda September 30, 2008.

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

Public Hearing for Appeal of Zoning Administrator Decision Denying Zone Variance Number PZV 07-042 (ZA) for creation of two 9.26 acre parcels from an 18.52 acre parcel in the AE-20 Zone. Northwest Corner of Road 112 and Avenue 408, East of Dinuba. Gomez, Alvarado. Board of Supervisor's Agenda Item, September 30, 2008.

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

Public Hearing to Vacate Undeveloped Portion of Lilac Lane Extending East of Grant Lane, Adjoining Lots 1 through 5 in the Mesa Addition to Wilsonia. Board of Supervisors Agenda Item, September 30, 2008.

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Megargee, Stanley et al v. County of Tulare, et al

U.S. District Court Case Number 1:06-CV-00684-AWI-LJO

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Kerry J. Kelly and Jill Kelly v. Kevin Dahlberg, Salvador O. Valdovinos, Maria Olivera, and Does 1 to 10

Tulare County Superior Court Case Number 08-229049

Next Item(s) Sitting as...

ITEM F

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 G

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...