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

 

May 5, 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.                  Present Proclamation declaring the month of May 2009 as "Mental Health Awareness Month" in Tulare County.

2.                  Presentation of an award to Wayne Lovejoy given by Peggy Bradley, Vice President of Automated Data Processing (ADP).

3.                  Presentation on the Alliance Program with Office Depot and other Government entities.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from the County Fire Department to confirm the accounting as modified for Fire Hazard Abatement Cost Recovery. Order that the costs, as confirmed, be recorded in the office of the Tulare County Clerk-Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

(Consent Calendar)

CONSENT CALENDAR (Number 7 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.

 

 

 

Agricultural Commissioner/Sealer

7.                  Approve an amendment to Agreement No. 20159 with Taylor Brothers, Inc. dba ResCom to extend the term of the agreement for an additional three (3) years for the provision of pest control services on private properties to combat the spread of the Glassy-winged Sharpshooter insect in Tulare County, effective July 1, 2009 through June 30, 2012.

8.                  Approve $10,559.54 for projects recommended by the Tulare County Fish & Game Commission for Fiscal Year 2009/2010. Authorize the Agricultural Commissioner to approve disbursement of funds for these projects upon adoption of the Fish and Game Propagation Program budget for Fiscal Year 2009/2010. Approve the Notice of Exemption pursuant to the California Environmental Quality Act and the State CEQA Guidelines.

Auditor-Controller/Registrar of Voters

9.                  Approve an increase in the stipend for Election Night Workers from $8.00 per hour to $10.00 per hour.

Board of Supervisors

10.             Appoint Gill Howard to the Tulare County Employees' Retirement Board as member 6 for a term ending December 31, 2009.

 

 

District Attorney

11.             Authorize acceptance of continued grant funding in the amount of $499,058 from the California Emergency Management Agency for the Central Valley Rural Crime Prevention Program for Fiscal Year 2008/2009. Authorize acceptance of continued grant funding in the amount of $594,171 from the California Emergency Management Agency for the Central Valley Rural Crime Prevention Program for Fiscal Year 2009/2010. Ratify and approve the Grant Award Amendment, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed amendment as of July 1, 2008, and that it was in the County's best interest to enter into the agreement on that date.

12.             Authorize acceptance of continued grant funding in the amount of $360,053 from the California Emergency Management Agency for the Vertical Prosecution Block Grant Program for Fiscal Year 2008/2009. Authorize acceptance of continued grant funding in the amount of $428,791 from the California Emergency Management Agency for the Vertical Block Grant Program for Fiscal Year 2009/2010. Ratify and approve the Grant Award Amendment, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed amendment as of July 1, 2008, and that it was in the County's best interest to enter into the agreement on that date.

Fire Department

13.             Amend the Fiscal Year 2008/2009 Fire Department Budget to include revenue of $234,333 received from insurance for a wrecked fire engine. Approve the purchase of a replacement fire engine and equipment. Approve the necessary budget adjustments. (4/5ths vote)

Health & Human Services Agency

14.             Reaffirm declaration of state of emergency in the Tulare County Drought Resolution No. 2008-0472 adopted June 24, 2008.

15.             Ratify and approve the signature of the Chairman of the Board on the Notification Letter signed March 30, 2009 terminating Agreement No. 23809 with Union Bank of California, N.A. effective June 30, 2009. Find that the Board had authority to sign the Notification Letter on March 30, 2009 terminating Agreement No. 23809 effective June 30, 2009. Authorize County Counsel to issue any required opinion letter.

16.             Ratify and approve an amendment to Agreement No. 21708 with Tulare Youth Services Bureau, Inc. to provide mental health services to Tulare County adolescents and children, 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

17.             Approve an Agreement with Wadell Engineering Corporation in the amount of $124,245 to provide engineering services for improvements at the Sequoia Field Airport. Approve the necessary budget adjustments. (4/5ths vote)

18.             Approve the California Department of Transportation Disadvantaged Business Enterprise Implementation Agreement. Authorize the County of Tulare Director of Transportation as the designated Disadvantaged Business Enterprise Liaison Officer to sign said Agreement. Authorize the County of Tulare Director of Transportation to sign and submit all subsequent reports and forms required pursuant to California Department of Transportation Disadvantaged Business Enterprise Guidelines and its subsequent changes as set forth from time to time.

19.             Approve the Road Maintenance Agreement with the City of Tulare for operation and maintenance of Avenue 224 (Bardsley Avenue) from the existing city limits at Road 124 (Oakmore) to Road 132 (Hunsacker Road).

Sheriff/Coroner

20.             Ratify and approve a Grant Award Agreement from the California Emergency Management Agency to operate the Tulare County Clandestine Methamphetamine Lab Unit, retroactive to December 1, 2008 through June 30, 2009. Ratify and approve an amendment to the Grant Award Agreement to increase funding to $923,716 and extend the term of the Grant Award Agreement to June 30, 2010. Find that the Board had authority to enter into the Agreements on December 1, 2008, and that it was in the County's best interest to enter into those agreements on that date. Approve the fixed asset purchase of three (3) full-sized pick-up trucks and one (1) sports utility vehicle for use by the project team. Approve the necessary budget adjustments. (4/5ths vote)

21.             Ratify and approve an amendment to Agreement No. 22057 with the State of California, Department of Corrections and Rehabilitation to increase the daily jail rate from $63.56 to $66.61 for housing State inmates at the Adult Pre-Trial Facility, retroactive to July 1, 2008 through June 30, 2011. Find that the Board had authority to enter into the Agreement as of July 1, 2008, and that it was in the County's best interest to enter into the Agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

22.             Request from Resource Management Agency to approve a request from Gary A. Nichols (PZI 09-001) to initiate an application for a Change of Zone Designation on approximately 1.7 acres from A-1 (Agricultural) to C-3-SC-SR (Service Commercial - Scenic Corridor Combining - Site Review Combining) located on the south side of Avenue 296, directly east and adjacent to State Highway 198 exit ramp at the Farmersville Boulevard exit, north of the City of Farmersville.

23.             Request from Resource Management Agency to deny a request from Chad W. Howell (PZI 08-005) to proceed with an application for a Change of Zone Designation for Assessor Parcel Numbers (APN): 113-400-020 & 113-400-021 from AE (Exclusive Agriculture) to C-3 (Service Commercial) on the two subject parcels located on the east side of Road 212 (State Highway 245) at its intersection with Avenue 328, south of Woodlake.

(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: 3

Next Item(s) Sitting as...

ITEM B

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 C

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 D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 3

A motor vehicle accident involving a county employee occurred on June 4, 2008. Claimants are Isiaiah Garcia, Martin Eugene Garcia and Juanita Henson. Date claims filed, September 9, 2009.

Next Item(s) Sitting as...

ITEM E

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 F

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 G

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...