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 22, 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.


 (Consent Calendar)

CONSENT CALENDAR (Number 3 through 12)

 

 

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.

 

County Administrative Office

3.                  Ratify actions taken by the County Administrative Officer during the month of August 2009 related to Good Works Funding Agreements.

District Attorney

4.                  Authorize the submission of an application for funding from the State Department of Social Services for the purpose of fraud investigations and additional program integrity efforts related to the In-Home Supportive Services Program.

Health & Human Services Agency

5.                  Ratify and approve an agreement with California State University, Bakersfield for the Nursing Intern Program, retroactive to August 30, 2009 through August 29, 2012. Find that the Board had authority to enter into the proposed agreement as of August 30, 2009 and that it was in the County's best interest to enter into the agreement on that date.

6.                  Approve the named facilities as facilities designated by the County and approved by the State Department of Mental Health for 72-hour treatment and evaluation; and approve the named classes of persons who may, upon probable cause, take or cause to be taken, mentally disordered persons described in California W & I Code Section 5150 into custody and place them into a facility described in paragraph 1, for 72-hour treatment and evaluation.

7.                  Restore to the Health & Human Services Agency, Fiscal Year 2009/2010 budget, one Paralegal II position previously deleted on August 25, 2009, and approve the attached Personnel Resolution.  Approve the necessary budget adjustments. (4/5ths vote).

Resource Management Agency

8.                  Accept the required public improvements for Subdivision Tract No. 756, located on the south side of Pleasant Oak Drive, approximately one mile east of its intersection with State Highway 190, five miles south of Springville as complete and accept the roads into the County road system.


9.                  Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Donald W. Buhl and Karen Buhl, trustees of the Donald W. and Karen Buhl Revocable Trust of June 6, 2006 as to an undivided one-half interest and Robert C. Buhl and Beverly J. Buhl, Trustees of the Robert C. and Beverly J. Buhl Revocable Trust of June 6, 2006, as to an undivided one-half interest for the Road 108 Widening Project in the amount of $38,000.  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 $39,500 in favor of Stewart Title Company.

10.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Pentecostal Church of God Central District of California, Inc. for the Road 108 Widening Project in the amount of $143,500.  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, sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $145,500 in favor of Stewart Title Company.

11.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Susan Frazier for the Road 108 Widening Project in the amount of $7,900.  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 $9,400 in favor of Stewart Title Company.

12.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Celso and Maria Avendano for the Road 80 Widening Project in the amount of $427,000.  Approve "spend to get" relocation benefits up to: $2,150 for moving expense; and $25,000 for relocation housing payment.  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 $430,000 in favor of Chicago Title Company.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

13.             Request to approve a resolution urging the California High Speed Rail Authority to submit the San Joaquin Valley segment of rail from Bakersfield to Fresno and Fresno to Merced for American Recovery and Reinvestment Act funding.

(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 LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases:  5

Rate Adjustment for Tonyville Zone of Benefit in County Service Area 1.

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 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 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...