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 AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

August 18, 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 Shay Williams-Hopper for her efforts in Agricultural Education.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management 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. 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.

5.                  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.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 25)

 

 

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.

 

 

 

Board of Supervisors

6.                  Ratify the following Proclamation: Honoring David Cates upon his Retirement from the California Highway Patrol.

7.                  Approve a letter of opposition to Senate Bill 787 that would eliminate the "navigable" from the definition of "waters of the United States."

8.                  Approve a letter of opposition to Assembly Bill 49 (Feuer) that would require agricultural water suppliers to implement water use efficiency practices.

County Counsel

9.                  Waive the second reading and adopt an Ordinance amending Subpart (4) of Subsection (c) of Section 6-03-1020, Subsection (e) of Section 6-03-1020, Subsection (a) of Section 6-03-1030, Section 6-03-1040, Section 6-03-1050, Subsection (i) of Section 6-03-1090, and Section 6-03-1150 of, and adding Section 6-03-1041 to Chapter 3 of Part VI of the Ordinance Code of Tulare County pertaining to the investigation, license and permit requirements, and enforcement provisions applicable to adult oriented businesses and performers. Direct the Clerk of the Board to publish a summary of the Ordinance as required by law.

County Administrative Office

10.             Ratify actions taken by the County Administrative Officer during the month of July 2009 pertaining to Good Works Funding Agreements.

District Attorney

11.             Accept grant funding from the California Emergency Management Agency for the Violence Against Women, Vertical Prosecution Program in the amount of $200,000 with a County match of $66,667 for a total of $266,667. Approve the Grant Award Agreement and ratify the Chairman's signature, 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. Approve the Personnel Resolution increasing the District Attorney's allocation by 1.0 FTE Victim Witness Worker II.

Health & Human Services Agency

12.             Ratify and approve an amendment to Agreement No. 22798 with Kings View Corporation to increase the budget for provision of services under the Mental Health Services Act, 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.

13.             Ratify and approve an amendment to Agreement No. 22016 with the California VACS Association for Tulare County's participation in the joint enhancement committee regarding the Ventura Automated Collection System (VACS), retroactive to July 1, 2009 though 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.

14.             Ratify and approve an amendment to Agreement No. 21972 with Alternative Services, Inc. to maintain a "Driving Under the Influence" (DUI) program in Tulare County that incorporates counseling, monitoring, and education in an attempt to decrease the number of substance abuse related vehicle accidents and deaths, 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.

15.             Ratify and approve the Memorandum of Understanding with the Porterville Developmental Center and Tulare County Health & Human Services Agency (HHSA), Women, Infant and Children Program for the continuance of the Dietetic Internship Program for the recruitment and retention of Registered Clinical Dietitians, retroactive to August 1, 2009 through July 31, 2010. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of August 1, 2009 and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

Probation

16.             Approve an agreement with the California Office of Traffic Safety to accept grant funding in the amount of $423,602 to establish the Tulare County DUI Supervision and Prosecution Project for a two year period beginning October 1, 2009 through September 30, 2011.

Resource Management Agency

17.             Adopt a Resolution recognizing the Animal Rendering Industry as a critical and irreplaceable support service to the Dairy Industry.

18.             Introduce and waive the first reading of an Ordinance amending Part 1 Government and Administration, Article 11 Planning Agency; Sections 1-03-1540 Tulare County Planning Commission: Establishment and Membership; Section 1-03-1570 Duties, and Misc. Corrections within Article 11 reflecting Planning Branch of Resource Management Agency (RMA), Assistant Director - Planning Branch and deleting reference to Planning and Development Department and Director. Ordinance amendment will create an Alternate Member of the Planning Commission to perform the duties of a Planning Commissioner when absent and delete old organizational language of the Planning Agency. Direct the Clerk to publish and post a summary of the Ordinance after adoption as required by law.

19.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Faith Assembly of God for the Road 108 Widening Project in the amount of $5,500. 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 and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $6,300 in favor of Stewart Title Company.

20.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Wong Family Farm, LLC for the Road 108 Widening Project in the amount of $19,000. 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 and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $19,800 in favor of Stewart Title Company.

21.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Sylvia Borges, unmarried woman, as to an undivided one-third interest in an undivided one-half interest, David Borges, a married man, as his sole and separate property, as to an undivided one-third interest in an undivided one-half interest, Susan Ford, a married woman, as her sole and separate property, (formally known as Susan Borges) as to an undivided one-third interest in an undivided one-half interest, Leona A. Cardoza, as Successor Trustee of the Manuel and Leona Cardoza Family Trust, as to an undivided one-half interest for the Road 108 Widening Project in the amount of $50,500. 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 and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $52,000 in favor of Stewart Title Company.

Sheriff/Coroner

22.             Ratify and approve an amendment to Agreement No. 23145 with the State of California, Department of Fish and Game, in order to preserve the sensitive and endangered species habitats that exist as vernal pools and associated grassland, retroactive to June 1, 2009 through June 30, 2011. Find that the Board had authority to enter into the proposed amendment as of June 1, 2009, and that it was in the County's best interest to enter into the amendment on that date.

23.             Ratify and approve an amendment to Agreement No. 23796 with the U.S. Department of Justice for seized and forfeited drug assets, retroactive to October 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed amendment as of October 1, 2008, and that it was in the County's best interest to enter into the agreement on that date.

24.             Ratify and approve an agreement with the U.S. Department of Justice, Drug Enforcement Administration, to provide $10,000 in overtime funding for Sheriff law enforcement personnel to assist in Organized Crime Drug Enforcement Task Force investigations, retroactive to July 16, 2009 through September 30, 2009. Find that the Board had authority to enter into the agreement as of July 16, 2009, and that it was in the County's best interest to enter into the agreement on that date.

25.             Approve an agreement with the College of Sequoias to allow the Campus Police Department electronic access to Sheriff's Local Warrant System Database.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

26.             Request from Human Resources and Development to endorse a County sponsored Health Fair (Share the Health - Body, Mind and Spirit) for all Tulare County employees and their families. Authorize employees who are working during the Fair's hours to attend on County time, subject to coordination and approval of their department to assure that services continue to be provided. Grant authorization to seek donations and sponsorships to fund the 2009 Health Fair. Grant authorization to accept donations and spend them on the Health Fair, not to exceed $15,000 for expenses such as the convention center rental, smoking cessation programs and weight loss programs, fitness aids, healthy refreshments, printing and related miscellaneous program costs. Authorize additional funding, if necessary, and as required from Tulare County's health education and training funds held by the CSAC-EIA and disbursed at the direction of the County's Risk Manager.

(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

Board of Supervisors August 18, 2009 Agenda Item pertaining to the Rate Adjustment for Seville, Tonyville, and Tooleville Zones of Benefits in County Service Area 1.

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: 4

Proposed Tulare County General Plan 2030 Update and Draft Environmental Impact Report.

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Proposals pertaining to Modification of the County of Tulare's Williamson Act Program, including but not limited to possible non-renewal of Williamson Act contracts.

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 10827 Avenue 272, Visalia, CA; APN 126-240-003

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Thomas and Micaela Avalos

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: South side of Avenue 272, approximately 600 feet east of Road 108; APN 126-240-043

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Cal-Western Farming Company

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 10811 Avenue 272, Visalia, California; APN 126-240-036

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Blaine Investments and Alfredo Garcia

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description1208 Prosperity Avenue, Tulare, California; APN 126-770-001

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Steve Wilson

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

August 10, 2009 letter to the Board of Supervisors from Attorney Stuart Miller regarding proposed ordinance amending Ordinance Code provisions applicable to adult-oriented businesses.

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Laura Kennedy dba Sugar Daddy's Gentleman's Club v. County of Tulare, Augustine Mora.

Tulare County Superior Court Case Number 08-229065

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Beth Atkinson and Kurt Brackob v. County of Tulare, Detective William Seymour (Estate of Zachary Atkinson)

United States District Court Eastern District of California Case Number 1:09-CV-00789-OWW-DLB

Next Item(s) Sitting as...

ITEM L

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Brenda Biesterfeld v. County of Tulare, et al

Tulare County Superior Court Case Number 08-229525

Next Item(s) Sitting as...

ITEM M

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 N

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 O

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 Board of Supervisors

 

ITEM P

Special Timed Item from 2:00 p.m. to 5:00 p.m.

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF: Resource Management Agency Director

Details

(Government Code Section 54957)

Next Item(s) Sitting as...