(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)
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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
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)
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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: 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...
