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


September 1, 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.                  Presentation given by the Workforce Development Investment Board, Inc. regarding the use of $3,957,662 in youth funds awarded under the American Recovery and Reinvestment Act to fund the 2009 Youth at Work Summer Program.

2.                  Request from Health and Human Services to adopt a Resolution proclaiming September 6th - 12th as "Suicide Prevention Week" in Tulare County.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The pubic interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Arie De Jong; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; and d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a).

6.                  PUBLIC HEARING: Request from Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The pubic interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Pier Van Der Hoek and Darlene Van Der Hoek; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; and d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a).

7.                  PUBLIC HEARING: Request from Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The pubic interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Robert Van Grouw and Willemina Johanna Van Grouw; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; and d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a).

(Consent Calendar)


CONSENT CALENDAR (Number 8 through 29)

 

 

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

8.                  Ratify and approve an agreement with the California Department of Food and Agriculture for the purpose of enforcement of the California Nursery Stock Law, retroactive to July 1, 2009 through June 30, 2010. 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.

Auditor/Controller

9.                  Designate September 7 through September 11, 2009 as "National Payroll Week." Support the goals and ideas of National Payroll Week including the economic, cultural, and social achievements of workers.

10.             Approve an amendment to Agreement No. 20799 with Great West Life & Annuity Insurance Company pertaining to the Deferred Compensation Plan to reduce the revenue sharing amount paid by Great West into the County's forfeiture fund from $58,500 to $55,200 for Fiscal Year 2009/2010. Approve the cooperation of the County with Great West to encourage 3121 plan participants to close-out accounts that meet the following conditions: 1) the participant has made no contributions to the account for two years or longer; 2) the account balance is $1,000 or less; 3) the participant is no longer an employee of the County; and 4) the participant was a 3121 part-time, temporary or substitute employee who was required to make mandatory contributions to the plan as a FICA substitute for that employee.

Board of Supervisors

11.             Approve the Resolution to call an election to fill the position of the Second Member on the Tulare County Employees' Retirement Board for the three year term commencing on January 1, 2010. Adopt the Election Procedures included in the Resolution for that purpose.

12.             Approve the Resolution to call an election to fill the position of the Seventh Member on the Tulare County Employees' Retirement Board for the three year term commencing on January 1, 2010. Adopt the Election Procedures included in the Resolution for that purpose and adopt the Election Procedures included in the Resolution for the purpose of selecting the Alternate Seventh Member.


County Administrative Office

13.             Waive the competitive bid process and authorize the purchase of a hot water heating unit for the Bob Wiley Detention Facility Kitchen. Authorize the Purchasing Agent to execute any and all agreements necessary to replace the hot water heating unit.

Health & Human Services Agency

14.             Approve an amendment to Agreement No. 19958 with Electronic Data Systems (EDS) to extend the term of the agreement to July 31, 2013, for the continued provision of Development, Implementation, Maintenance, and Operation Services for the CalWORKs Information Network (CalWIN) system for the management of welfare data, automating client income assistance, food stamp, and certain other public assistance-related programs.

15.             Ratify and approve an amendment to Agreement No. 21296 with Crestwood Behavioral Health, Inc. for PATCH services in the amount of $215,000, for the provision of Day Treatment Services, retroactive to July 1, 2009 through June 30, 2010. PATCH services augment basic mental health services by providing additional treatment hours over the required amount. 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.

16.             Ratify and approve an amendment to Agreement No. 21273 with Crestwood Behavioral Health, Inc. in the amount of $997,538 to provide a comprehensive and balanced range of mental health 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.

17.             Ratify and approve an amendment to Agreement No. 21707 with Turning Point of Central California, Inc. for the provision of children's mental health 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. 23424 with EMQ FamiliesFirst, Inc. (formerly known as FamiliesFirst, Inc.) to provide Wraparound services for families with multiple, complex needs, 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 agreement with First 5 Tulare County for the Nurse-Family Partnership to help first time mothers succeed; by partnering vulnerable mothers pregnant with their first child with a registered nurse early in her pregnancy and receive ongoing nurse home visits that continue through the child's second birthday, retroactive to July 1, 2009 through June 30, 2012. 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.             Approve the Tulare County Child Abuse Prevention Council's (CAPC) request for funding in the amount of $30,000 from the Children's Trust Fund (CTF) for Fiscal Year 2009/2010.

Library

21.             Approve an agreement with the Lindsay Unified School District for joint use of the upcoming new High School Library.

Resource Management Agency

22.             Waive the second reading and adopt 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.

23.             Approve an amendment to Agreement No. 20827 with Dokken Engineering to extend the scope of the work to include the intersection of Road 80 at Avenue 416 and revise the schedule to complete the work.

24.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Barbara M. Cocagne, Pamela M. Sing, Donald L. Sing, Patrick L. Cocagne, Janice M. Cocagne, Robert A. Cocagne and Diane M. Cocagne for the Road 108 Widening Project in the amount of $14,000. 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 $15,500 in favor of Stewart Title Company.

25.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from S&A Properties, a general partnership, consisting of Brooks W. Schaffer, H. Brooks Schaffer, Eric Schaffer, Charles L. Schaffer, James B. Schaffer and Charles H. Schaffer for the Road 108 Widening Project in the amount of $40,000. 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 $41,500 in favor of Stewart Title Company.

26.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Jay te Velde, Jr. and Darlene te Velde, Trustees of the Jay te Velde and Darlene te Velde Trust for the Road 80 Widening Project in the amount of $750. 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 $750 in favor of Jay te Velde, Jr. and Darlene te Velde.

27.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Jay te Velde, Jr. and Darlene te Velde, Trustees of the Jay te Velde and Darlene te Velde Trust for the Road 80 Widening Project in the amount of $58,000. 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 $59,500 in favor of Chicago Title Company.

28.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Ravi Homes, LLC. for the Road 108 Widening Project in the amount of $2,600. 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 $2,600 in favor of Ravi Homes, LLC.

29.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Gustavo Martinez for the Road 80 Widening Project in the amount of $13,100. 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 $14,600 in favor of Chicago Title Company.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

30.             Request from United Way of Tulare County to declare "September 2009 as Energy Efficiency Month".

31.             Presentation given by the County Librarian regarding the Tulare County Library 2009 Summer Program.

32.             Request from County Administrative Office to consider, modify as needed, and approve the responses to the Tulare County Grand Jury 2008/2009 Final Report. Authorize the Chairman to sign the following reports: HIV/AIDS Education and Prevention; Orosi Public Utility District; Teviston Community Services District; Tulare County Board of Supervisors Salaries; Tulare County Code Compliance; Tulare County Library System; Tulare County Probation Department Juvenile/Special Services Division; Tulare County Proposed New Motor Pool; and Tulare County Senior Centers.

33.             Request from County Administrative Office - Capital Projects to review and accept the 2009 Sheriff's Department Detention Division Needs Assessment Study. Direct staff to incorporate the Study findings into the County's Capital Improvement Plan.

34.             Request from County Counsel to waive the second reading and adopt an Ordinance amending Section 6-03-1000 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 Section 6-03-1042 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 and post a summary of the Ordinance after adoption as required by law.

(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: 2

Board of Supervisor September 1, 2009 meeting agenda item requesting the adoption of an Ordinance amending certain sections of Chapter 3 of Part VI of the Ordinance Code of Tulare County pertaining to the business license and permit requirements applicable to adult oriented business and performers.

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 Modifications 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 LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM F

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 G

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 H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Sealed

Next Item(s) Sitting as...

ITEM I

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...