(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from Resource Management Agency to consider vacation
of Batti Drive between Stevenson Drive and Balaam Drive in the map of the Town
of Waukena recorded July 8, 1909 in Volume 9 of Maps at Page 3, generally
located in the southwest quarter of Section 32, Township 20 South, Range 23
East, Mount Diablo Base & Meridian.
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 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 Batti Drive
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 Batti Drive subject to the merger of the
underlying lots including APN 225-060-016 with APN 225-060-003 said merger
process to be completed by January 31, 2010 or the vacation becomes null and
void. 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 concurrent with the action merging the
underlying lots.
4.
PUBLIC
HEARING: Request from Resource Management Agency to adopt the
proposed Planning and Development fee adjustments for the 2009/2010 Summary of
Proposed Fees in accordance with Health and Safety Code Section 17951 and
Government Code Sections 54986, 65909.5, 66014, 66016 and 66451.2, effective
September 20, 2009.
5.
PUBLIC
HEARING: Request from Resource Management
Agency to approve the placement of Community Service Area No. 1 and Community
Service Area No. 2 delinquent sewer and water service charges, delinquent
penalties and Auditor's collection charges on the 2009/2010 tax rolls.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TERRA BELLA SEWER
MAINTENANCE DISTRICT
6.
PUBLIC
HEARING: Request from the Resource Management
Agency to approve the placement of Terra Bella Sewer Maintenance District
delinquent sewer service charges, delinquent penalties and the Auditor's
collection charges on the 2009/2010 tax rolls.
ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 33)
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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.
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Agricultural Commissioner/Sealer
7.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for County Petroleum Products Compliance and Weighmaster Enforcement Programs,
retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2009, and that it was in the County's
best interest to enter into the agreement on that date.
8.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for disbursement of funds to the County for costs incurred in the enforcement
of the California Organic Foods Act, retroactive to July 1, 2009 through June
30, 2010. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2009, and that it
was in the County's best interest to enter into the agreement on that date.
Auditor-Controller/Registrar of Voters
9.
Approve
the candidate statement regulations and printing fees for the November 3, 2009
Uniform Districts Election Law. Require
each candidate filing a statement to pay the estimated cost in advance. The estimated cost will be adjusted to actual
upon completion of the Election.
Candidates will be refunded or billed for the difference. Limit each candidate's statement to no more
than 200 words for Special Districts.
10.
Review
and accept the Certified Statement of Vote for the June 16, 2009 Woodlake Union
elementary School Special Election as submitted by the Registrar of Voters for
those Measures for which the Board of Supervisors is the Governing Body.
Board of Supervisors
11.
Appoint
David Williams to the Indian Gaming Local Community Benefit Committee for a
term ending June 30, 2010.
County Counsel
12.
Waive
the second reading and adopt an Ordinance amending Sections 1-21-1000 and
1-21-1010 and adding Section 1-21-1025 of Chapter 21 of Part I of the Tulare
County Ordinance Code pertaining to issuance of citations, repealing Part 6 of
the Ordinance Code pertaining to Business Regulations and License, and enacting
a new Part 6 of the Ordinance Code pertaining to Business Regulations and
Licenses. Direct the Clerk of the Board
to publish and post a summary of the Ordinance after adoption as required by
law.
County Administrative Office
13.
Ratify
actions taken by the County Administrative Officer during the month of June
2009 regarding Personnel/Payroll Changes and Good Works Funding Agreements.
14.
Approve
the transfer of $336,240.11 of unclaimed monies from the Absent Parent
Contribution Fund to the General Fund.
Authorize the Auditor-Controller to make the transfer of funds.
Health & Human Services Agency
15.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
16.
Ratify
and approve an amendment to Agreement No. 22384 with the California Department
of Education for the Summer Food Service Program, designed to supplement the
National School Lunch Program, retroactive to July 1, 2009 through September
30, 2009. Find that the Board had the
authority to enter into the proposed agreement as of July 1, 2009 and that it
was in the County's best interest to enter into the agreement on that date.
17.
Ratify
and approve an amendment to Agreement No. 21948 with Porterville Halfway House,
Inc. d.b.a. The PAAR Center, in the amount of $659,532 to provide alcohol and
drug recovery services, retroactive to July 1, 2009 through June 30, 2010. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2009 and that it was in the County's best interest to enter into the agreement
on that date.
18.
Ratify
and approve an amendment to Agreement No. 23197 with Central Valley Recovery
Services, Inc.; Pine Recovery Center, New Visions, Mothering Heights, New
Heights, and New Hope in the amount of $858,338, for the continued provision of
drug and alcohol treatment, retroactive to July 1, 2009 through June 30,
2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2009 and that it was in the
County's best interest to enter into the agreement on that date.
19.
Ratify
and approve an amendment to Agreement No. 23414 with Staff Care Inc. to provide
Locum Tenens Psychiatrists, retroactive to July 1, 2009 through June 30,
2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2009 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. 21707 with Turning Point of Central
California, Inc. d.b.a. Turning Point Youth Services, for the provision of
children's mental health services and Mental Health Services Act services,
retroactive to July 1, 2008 through June 30, 2009. Find that the Board had the 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.
21.
Ratify
and approve an amendment to Agreement No. 23578 with JDT Consultants, Inc. to provide
Therapeutic Behavioral Services, which is an intensive one-to-one therapeutic
contact between a mental health provider and a child/youth (under the age of
21) for a short-term period of time, retroactive to July 1, 2009 through June
30, 2010. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2009 and that it
was in the best interest to enter into the agreement on that date.
22.
Ratify
and approve amendments to Agreement Nos. 23379 and 23380 with Psynergy
Programs, Inc. to extend the term of both agreements to June 30, 2010 for the
continued provision of Adult Residential and Medi-Cal mental health services,
retroactive to July 1, 2009 through June 30, 2010. Find that the Board had the authority to
enter into the proposed agreements as of July 1, 2009 and that it was in the
County's best interest to enter into the agreements on that date.
23.
Adopt
the Subvention Certificate of Compliance and the Medi-Cal Certificate of
Compliance for the California Department of Veterans Affairs County Subvention
Program for the Fiscal Year 2009/2010.
Library
24.
Ratify
the Board Chairman's signature for authorizing the submittal of a grant
application to the United States Department of Agriculture for stimulus funds
in the amount of $50,000 to provide new flooring, new shelving, new
furnishings, and other improvements for the Tulare County Library, Ivanhoe
Branch. Ratify the Board Chairman's
signature for authorizing the submittal of a grant application to the United
States Department of Agriculture for stimulus funds in the amount of $47,300 to
provide new flooring, new shelving, new furnishings, and other improvements for
the Tulare County Library, Earlimart Branch.
Ratify the Board Chairman's signature for authorizing the submittal of a
grant application to the United States Department of Agriculture for stimulus
funds in the amount of $50,000 to provide a Library Materials Distribution
Machine in Cutler.
Probation
25.
Ratify
and approve an amendment to Agreement Nos. 21718, Burton School District;
21719, Tulare Joint Union High School; 21657, City of Lindsay; and 21658, City
of Porterville to provide the services of Probation Officers for the continued
operation of the Delinquency Prevention Program, retroactive to July 1, 2009
through June 30, 2010. Find that the
Board had authority to enter into the proposed amendments to agreements as of
July 1, 2009, and that it was in the County's best interest to enter into the
agreements on that date.
Resource Management Agency
26.
Approve
an amendment to Agreement No. 20797 with Tulare Am-Vets Post 56 pertaining to
the lease of real property located at 205 N. "L" Street, Tulare to
extend the term of the agreement for one year upon the Board's approval.
27.
Approve
an agreement with the City of Lindsay and Frasinetto Farms, LLC for the
transfer and conveyance of water.
Authorize the Resource Management Agency and Dennis R. Keller to take
necessary actions to comply with the provisions of the Agreement.
28.
Ratify
and approve a Building Space Lease with the State of California, Department of
General Services, for space located at 1968 South Lovers Lane in the City of
Visalia utilized by the Tulare County Fire Department, retroactive to July 1,
2008 through December 31, 2009. Find
that the Board had authority to enter into the proposed Lease as of July 1,
2008, and that it is in the County's best interest to enter the lease on that
date.
29.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Harriet Van Leeuwen and Leanne Carol Bonnecroy,
Trustees of the Harriet Van Leeuwen Survivor's Trust for the Road 108 Widening
Project in the amount of $53,000.
Authorize County Counsel to sign the Grant Deed and Temporary
Construction Easement acceptances upon presentation. Authorize the Resource Management Agency
Director, or designee, to open an escrow, sign all documents to facilitate the
escrow for this acquisition. Direct the
Auditor to draw a warrant in the amount of $53,800 in favor of Stewart Title
Company.
30.
Waive
the second reading and adopt an Ordinance amending Section 3-01-1120 of Article
3 of Chapter 1 of Part 3 of the Tulare County Ordinance Code pertaining to
speed limits in the community of Plainview.
Direct the Clerk of the Board to publish the Ordinance within 15 days of
the adoption.
Sheriff/Coroner
31.
Ratify
and approve an amendment to Agreement No. 24030 with the United States
Department of Justice, Drug Enforcement Administration to increase funding in
the amount of $5,000 for Marijuana Eradication, retroactive to January 1, 2009
through December 31, 2009. Find that the
Board had authority to enter into the proposed agreement as of January 1, 2009,
and that it was in the County's best interest to enter into the agreement on
that date.
32.
Ratify
and approve an agreement with First 5 Tulare County to accept $458,850 in grant
funding for the Gang Awareness Parenting Project designed to identify inmates
who have children 0-5 who are at risk to exposure to violence, retroactive to
July 1, 2009 through June 30, 2012.
Ratify and approve an agreement with Family Services of Tulare County to
provide two parenting educators that will meet with the inmates and visit the
caregivers in their homes in the amount of $297,897 for the Gang Awareness
Parenting Project, retroactive to July 1, 2009 through June 30, 2012. Find that the Board had authority to enter
into the proposed agreements as of July 1, 2009, and that it was in the
County's best interest to enter into the agreements.
33.
Ratify
and approve an agreement with Microcorre Diagnostic Laboratory to provide
pathology services for the period of July 1, 2009 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2009, 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
34.
Approve
the proposed new hours of Library operation as presented by the County
Librarian to become effective on August 10, 2009.
(Closed Session)
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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
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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: 4
Proposed Tulare County
General Plan 2030 Update and Draft Environmental Impact Report
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: APN 030-070-001
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Steve Koobatian and Karin
Koobatian
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: APN 149-050-058
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Radford Spurlock and Telie
Spurlock
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: APN 126-011-023
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Richard Miller
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: APN 149-210-009
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Susan Frazier
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Ribera v. County of Tulare,
Steven Sunderland
Tulare County Superior Court Case Number 09-232706
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Thad Young, et al v. City of Visalia, County
of Tulare, et al
United
States District Court Case Number 1:09-CV-00115-AWI-GSA
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Isaiah Issac Andrew Garcia, et al
v. County of Tulare, et al
Tulare County Superior Court Case Number 09-232907
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Willis v. County of Tulare
Tulare County Superior Court Case Number 09-231270
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
K
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
Unfair
Practice Charge Number SA-CE-559-M
Next Item(s)
Sitting as...
ITEM
L
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
M
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...
