MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

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) 636-5000

FAX (559) 733-6898


March 17, 2009

 

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.                  Recognize Shirley Kirkpatrick for her 20 years of service and dedication on the Planning Commission.

2.                  Recognize Beverly Cates upon her retirement from Resource Management Agency for her 24 years of County service.

3.                  Presentation of the Annual Calendar Art Contest. Declare March 15-21, 2009 as National Ag Week.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from Resource Management Agency to introduce and waive the reading and adopt, pursuant to Government Code 65858, as an urgency measure and effective immediately, the Interim Zoning Ordinance prohibiting the establishment of special event venues (Assemblage of People for educational or entertainment purposes) for an interim period of time in the unincorporated areas of the County of Tulare. Adoption of this Interim Ordinance shall require a four-fifths vote, in which case it shall be of no further force and effect forty-five days from its date of adoption, expiring May 1, 2009, unless further extended. Upon adoption of the proposed ordinance, approve the Summary Ordinance and direct the Clerk of the Board to publish the summary of the adopted interim ordinance within five (5) days and post a certified copy of the complete ordinance within fifteen (15) days in accordance with Government Code 25124.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 23)

 

 

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

7.                  Authorize the Auditor/Controller to transfer to the General Fund, pursuant to Government Code 50050, 50053 and 50055, unclaimed funds currently in the Sheriff, Probation and Tax Collector's special fund accounts.

Board of Supervisors

8.                  Ratify the following Proclamations: Honoring Michael D. Pace, Kiwanis of Woodlake Man of the Year; Valley Business Bank, Kiwanis of Woodlake Business of the Year; Leslie Archer Rivas, Kiwanis of Woodlake Woman of the Year; Frances Sotomayor Ortiz, Kiwanis of Woodlake Lifetime Achievement Award; and Guadalupe Robles Pinon, Kiwanis of Woodlake Spirit of Woodlake Award.

9.                  Appoint Barbara Xavier to the Tulare County Youth Commission, District Two Representative for a term ending June 24, 2011.

10.             Appoint William Cushing to the Tulare County Association of Governments, District 2 - Alternate to serve at the pleasure of the Board.

 

Child Support Services

11.             Approve the fixed asset purchase of a Cisco Catlyst Switch in an amount not to exceed $12,500 that will allow non-interrupted access to County and State portals during the whole business day. Approve the necessary budget adjustments. (4/5ths vote)

12.             Approve the fixed asset purchase of a Rapid Eye DVR in an amount not to exceed $21,000 to replace a key component in the security system. Approve the necessary budget adjustments. (4/5ths vote)

County Counsel

13.             Approve the appointment of the current Risk Manager to serve as the primary representative to California State Association of Counties Excess Insurance Authority.

County Administrative Office

14.             Ratify and approve the actions taken by the County Administrative Officer during the month of February 2009 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

District Attorney

15.             Authorize acceptance of grant funding from First 5 Tulare County in the amount of $3,850 to purchase equipment for the Child Abuse Response Team Interview Room. Ratify and approve the Grant Award Agreement, retroactive to March 1, 2009 through February 28, 2010. Find that the Board had authority to enter into the proposed agreement as of March 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

16.             Authorize acceptance of grant funding from the State of California, Emergency Management Agency (CalEMA), Homeland Security, in the amount of $225,500 for Fiscal Year 2008/2009. Ratify and approve the Grant Award, and District Attorney Phil Cline's signature on behalf of the Chairman, retroactive to February 19, 2009 through December 31, 2009. Find that the Board had authority to enter into the proposed agreement as of February 19, 2009 and that it was in the County's best interest to enter into the agreement on that date. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Approve the necessary budget adjustments. (4/5ths vote)

17.             Authorize acceptance of grant funding from the National Association of Victims of Crime Act Assistance Administrators in the amount of $4,990 for Fiscal Year 2008/2009. Ratify and approve the Grant Award Agreement and District Attorney Phil Cline's signature on behalf of the Chairman, retroactive to January 19, 2009 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of January 19, 2009 and that it was in the County's best interest to enter into the agreement on that date. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Approve the necessary budget adjustments. (4/5ths vote)

 

Health & Human Services Agency

18.             Appoint Rebecca Donabed, Consumer 3 to the In-Home Supportive Services Advisory Committee for a term ending June 30, 2011.

19.             Ratify and approve an amendment to Agreement No. 23165 with the State Department of Alcohol and Drug Programs, for combined Drug/Medi-Cal and Net Negotiated Funds, 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.

20.             Ratify and approve an amendment to Agreement No. 22801 with Families First, Inc. to provide Mental Health Services Act 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.

21.             Ratify and approve the acceptance of the grant award from the State of California, Department of Alcohol and Drug Programs, Safe and Drug Free Schools and Communities State Grants in the amount of $220,000 to address prevention needs of children and youth who exhibit a high rate of drinking behavior and whose parents/caregivers are in substance abuse treatment, retroactive to October 1, 2008 through September 30, 2009. Find that the Board had authority to enter into the proposed agreement as of October 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

Probation

22.             Approve the amendment to the Fiscal Year 2008/2009 budget of the Probation Department to include the following: 1) Recognize additional revenue received from the Department of Justice, Office of Justice Programs for Gang Resistance Education and Training Grant Program and the associated expenditures for the period covering January 1, 2009 through June 30, 2009; 2) Authorize the request to purchase a fixed asset vehicle currently leased by the Department for its officer assigned to a program funded by the Office of Traffic Safety; and 3) Recognize additional revenue received from the Collaborative Justice Courts Substance Abuse Focus Program for Tulare County Mental Health Court and the associated expenditures. Approve the necessary budget adjustments. (4/5ths vote)

23.             Approve an amendment to the Fiscal Year 2008/2009 budget of the Probation Department to include additional expenditures for the implementation of the Child Welfare System Improvement and Accountability Act and recognize revenues awarded from the Child Welfare Services Outcome Improvement Project Fund. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

 

 

 

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

24.             Request from the Purchasing Department to review findings of a 6 month Trial Recycled Paper Program. Approve an expansion of the Going Green Recycling Program to include all County departments.

25.             Presentation given by the Resource Management Agency regarding the 2008 Annual Report.

(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

Interim Zoning Ordinance prohibiting the establishment of special event venues (Assemblage of People for educational or entertainment purposes) for an interim period of time in the unincorporated areas of the County of Tulare. Board of Supervisors Agenda Item, March 17, 2009.

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 v. City of Tulare, et al

Tulare County Superior Court Case Number 09-231275

Next Item(s) Sitting as...

ITEM C

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 549-56.8)

Property Lease: 4025 and 4031 W. Noble, Visalia, CA

Agency Negotiator: Jean Rousseau, Hal Cypert and Robert Newby

Negotiating Parties: Visalia/Noble Associates, LLC

Under Negotiation: Price and Terms of Payment and Length of Term

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 v. SEIU, Local 521

Unfair Practice Charge Number SA-CO-69-M

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 LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Villagran, Abel v. County of Tulare

Tulare County Superior Court Case Number 08-229399

Next Item(s) Sitting as...

ITEM H

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...