(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...
