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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

April 28, 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.                  Introduction of the new Deputy Librarian Jeff Scott by County Librarian Brian Lewis.

2.                  Presentation given by Kim Carr, Mt. Whitney Area Manager of the Sierra Nevada Conservancy regarding their Annual Report and Update.

3.                  Presentation given by the United State Bureau of the Census for their efforts on the 2010 Census.

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 consider the vacation of Road 128 between Avenue 136 and Avenue 144 (State Highway 190) southeast of the community of Tipton. Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted Tulare County CEQA Guidelines as a Class 5(e), Abandonments of existing street, alley and utility easements on which no road improvements exist, and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Determine that the hereinbefore described portion of Road 128 is unnecessary for present or prospective public use and vacation thereof is in the public interest.

7.                  PUBLIC HEARING: Request from Health and Human Services Agency to consider adopting the proposed fees for the Animal Control, Environmental Health, Mental Health, and Public Guardian to cover costs of providing the services, effective July 1, 2009.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 18)

 

 

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 the California Department of Food and Agriculture for providing State subvention to offset costs associated with detection trapping for the Light Brown Apple Moth, 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. Authorize the Chairman to sign Form CCC-307 (Contractor Certification Clauses).

9.                  Ratify and approve an application for Federal Assistance with the United States Department of Agriculture, retroactive to December 1, 2008 through November 30, 2009. Ratify and approve an agreement with the United States Department of Agriculture for a total award of $1,250,000 for an area wide Glassy-winged Sharpshooter Management Program, retroactive to December 1, 2008 through November 30, 2009. Find that the Board had authority to enter into the proposed agreement as of December 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

County Administrative Office

10.             Approve a Common Use Agreement with Tulare Irrigation District for the maintenance and operation of Cameron Creek within Mooney Grove Park to serve the new Museum and Bike and Trail projects, subject to review and approval as to form by County Counsel. Approve the Bid Documents and authorize the Advertisement of Bids for the subject project. Set the Bid Opening for Thursday, May 28, 2009 at 2:00 p.m.

11.             Approve Administrative Regulation No. XX to comply with the Fair and Accurate Credit Transactions (FACT) Act of 2003, which should be implemented by Tulare County Departments who are considered "Creditors" that administer "Covered Accounts."

Health & Human Services Agency

12.             Approve the purchase of seven (7) vehicles for the Family Intervention Division to be used by program staff to provide home visits and outreach to clients throughout the County in order to enhance the coordination of services, support intervention services, and improve the outcomes of clients served. Approve the necessary budget adjustments. (4/5ths vote)

13.             Reappoint Linda A. Launer as the Local Enforcement Agency (LEA) Independent Hearing Officer for a term of four years, beginning May 3, 2009, as stipulated by regulation.

14.             Approve an amendment to Agreement No. 23433 with the State Department of Mental Health to extend the term of the agreement to June 30, 2013 to provide services related to the development, implementation, and performance reporting of the Mental Health Services Act (MHSA).

Probation

15.             Approve an amendment to Agreement No. 23621 with Tulare County Office of Education, for the Reconnecting Youth Program to provide life skills training to detained wards in conjunction with their regular school curriculum.

Sheriff/Coroner

16.             Approve a Memorandum of Understanding between the Tulare County Sheriff's Department and the State of California Campaign Against Marijuana Planting (CAMP) Program, which is a multi-agency law enforcement task force organized expressly to eradicate illegal marijuana cultivation and trafficking in California for the period of July 1, 2009 through October 30, 2009.

17.             Ratify and approve an amendment to Agreement 23118 with United States Army Corps of Engineers, for law enforcement services at Success Lake Recreation Area, retroactive to April 1, 2009 through September 30, 2009. Find that the Board had the authority to enter into the proposed agreement as of April 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

 

 

Workforce Investment Board

18.             Appoint Gary Germaine, Director - Business representative and Timothy Chaney, Director - Labor representative to the Tulare County Workforce Investment Board, Inc. for terms ending May 31, 2010.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

19.             Request from Resource Management Agency to consider temporary receivership of the Seville Water Company and to take any necessary actions related thereto subject to the following terms and conditions: That the receivership be temporary in nature and to last no longer than 24 months; That the Court identify and provide to the County all rights and interest in the Seville Water Company necessary to operate the system; That the Court releases the County from any potential liability associated with the past operation of the Seville Water Company; That the Court set a monthly water service charge of $60 for a single family residence or equivalent; and The rate setting would need to be done in a way to allow the County to adjust the rates if necessary to recover unexpected costs associated with operating the water system.

(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

Vacation of Road 128 between Avenue 136 and Avenue 144 (State Highway 190) southeast of the community of Tipton

Board of Supervisors Agenda Item, April 28, 2009

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

Consider Temporary Receivership of the Seville Water Company

Board of Supervisors Agenda Item, April 28, 2009

Next Item(s) Sitting as...

ITEM C

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 D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM E

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 F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Bravo v. County of Tulare, et al

Tulare County Superior Court Case Number 07-225512

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Natalio Tellez v. John Henry Luther Jobe, Jr. and Tulare County Sheriff's Department

Tulare County Superior Court Case Number VCU230118

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Service Employees International Union Local 521 v. County of Tulare

Public Employee Relations Board Unfair Practice Charge Number SA-CE-559-M

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...

 

 

SITTING AS THE TULARE COUNTY IHSS PUBLIC AUTHORITY BOARD

ITEM J

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected.

Next Item(s) Sitting as...