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 M. 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,

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

July 21, 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.                  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)

 

 

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.                  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)

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: 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...