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 TULARE COUNTY REDEVELOPMENT AGENCY

 

October 6, 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 Adam Marks of San Joaquin Valley College to approve a proclamation declaring October 6-12, 2009 as "Physician Assistants Week in Tulare County".

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to consider the vacation of the alley east of Road 128 between Avenue 414 and Risley Avenue in Orosi. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted Tulare County California Environmental Quality Act Guidelines as a Class 5(e), Abandonments of existing street, alley and utility easements on 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 alley is unnecessary for present or prospective public use and vacation thereof is in the public interest. Reserve easements for storm drain purposes per plan #3 Orosi Community Storm Drains and any other public utilities pursuant to Streets and Highways Code sections 8340(c) and 8348. Approve the Resolution to vacate the aforementioned alley. 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.

(Consent Calendar)

CONSENT CALENDAR (Number 5 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.

 

 

 

District Attorney

5.                  Authorize acceptance of grant funding from the California Emergency Management Agency for the VOCA Stimulus, Victim Witness Assistance Program in the amount of $18,159 with a County match of $4,540 for Fiscal Year 2009/2010. Ratify and approve the grant award agreement, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the agreement as of July 1, 2009, and that it was in the best interest of the County to enter into the agreement on that date. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

6.                  Authorize acceptance of continued grant funding from the California Emergency Management Agency for the Special Emphasis Victim Assistance Program in the amount of $110,000 with a County match of $27,500 for Fiscal Year 2009/2010. Ratify and approve the grant award agreement, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the agreement as of July 1, 2009, and that it was in the best interest of the County to enter into the agreement on that date. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Health & Human Services Agency

7.                  Approve an agreement with the Tulare County Office of Education in the amount of $1,159,155 to provide mental health services under the Mental Health Services Act Prevention and Early Intervention Program, effective October 6, 2009, through June 30, 2011.

8.                  Ratify and approve an agreement with Terra Bella Union School District for Tulare County Health & Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

9.                  Ratify and approve an agreement with the California Department of Public Health for the sexually transmitted disease (STD) prevention and control program, retroactive to July 1, 2009 through June 30, 2011. 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.

10.             Ratify and approve an amendment to Agreement No. 23277 with Kings View Corporations, Inc. d/b/a/ Kings View Substance Abuse Program - Tulare County, Inc. for the provision of a methadone maintenance program, retroactive to July 1, 2009 through June 30, 2011. 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.

11.             Ratify and approve an amendment to Agreement No. 23319 with AspiraNet, (Formerly Known as Moss Beach Homes, Inc. d.b.a. Aspira) to provide pre and post adoption 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.

12.             Ratify and approve an amendment to Agreement No. 23434 with AspiraNet, (Formerly Known as Moss Beach Homes, d.b.a. Aspira Foster and Family Services) for the start-up and delivery of Transitional Housing Program Plus 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.

13.             Ratify and approve an amendment to Agreement No. 23680 with Sunnyside Union Elementary School District for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

 

14.             Ratify and approve an amendment to Agreement No. 23701 with Porterville Unified School District for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

15.             Ratify and approve an amendment to Agreement No. 23702 with College of The Sequoias for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

16.             Ratify and approve an amendment to Agreement No. 23709 with Burton Elementary School District for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

17.             Ratify and approve an amendment to Agreement No. 23710 with Tulare City School District for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

18.             Ratify and approve an amendment to Agreement No. 23730 with Porterville Halfway House d.b.a. The PAAR Center to allow the continuation of Public Health Nurse services to be provided by Tulare County Health & Human Services Agency, 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 amendment to Agreement No. 23731 with Sundale Union Elementary School District for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

20.             Ratify and approve an amendment to Agreement No. 23736 with Dinuba Unified School District for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

21.             Ratify and approve an amendment to Agreement No. 23750 with Kings River Union Elementary School District for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2012. Find that the Board had the 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.

Human Resources & Development

22.             Ratify and approve an Administrative Services Agreement with Chimienti and Associates Insurance Services for the administration of programs pursuant to Section 125 of the Internal Revenue Services regulations pertaining to health and other related insurance programs. Find that the Board had authority to enter into the proposed agreement as of January 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

Probation

23.             Ratify and approve an amendment to Agreement No. 21673 with Dinuba Joint Unified School District to provide the services of a Probation Officer for the continued operation of the Delinquency Prevention Program retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed amendment to agreement as of July 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

24.             Ratify and approve 2009/2010 Transit Agreement with the City of Lindsay for the County to provide transit service to City of Lindsay residents, 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.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

25.             Authorize staff to prepare and submit funding applications for funding up to $3,000,000 to the United States Department of Agriculture for a Hardship Grant for the Traver Wastewater Treatment Facility Upgrade. Authorize staff to prepare and submit funding applications to the California Infrastructure and Economic Development Bank for a low interest loan up to $775,000 to construct a new wastewater trunk line to serve infill residential development and existing and future commercial and industrial development along State Route 99. Authorize and approve the expenditure of $75,000 in tax increment reserves to implement a community-wide residential water conservation program to install water conservation devices and fixtures to reduce water consumption to eligible very low, low and moderate income home owners and qualifying tenants. Find that the improvement of land for public use, financing and construction for the Traver Wastewater Treatment Facility, both within and adjacent to the redevelopment project area, is of primary benefit to the Traver Project Area and is consistent with the Traver Redevelopment Project Area Implementation Plan adopted pursuant to State of California Health and Safety Code Section 33490, and is in compliance with the requirements of Health and Safety Code, Section 33445, paragraph (a) and (b) and the other facts, evidence and information received by the Board of Directors in an open meeting on October 6, 2009. Find that without the financial participation of the TCRA, no other reasonable means of financing this project is available to the project area because the County does not have available funding for these specialized infrastructure improvements on the grounds that funds are currently reserved for other projects within the County. Find that the expenditure of Traver Redevelopment Project Area tax increment revenues for administration, the acquisition and improvement of land for public use, financing and construction for the Project, both within and adjacent to the redevelopment project area, on the grounds that the project (a) will assist in the eradication of blight by addressing documented health, safety and environmental deficiencies in the project area's wastewater system; and (b) will promote the public interest within the Traver Redevelopment Project Area by making improvements allowing for development of vacant parcels and encourage investment within the project area, for which the lack of such facilities is currently a principle barrier to economic development and employment opportunities within the Project Area.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Items Not Timed)

(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

 

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ITEM B

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.

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ITEM C

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 2

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ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 237-020-006

Agency Negotiator: Bill Hayter and Jean Rousseau

Negotiating Parties: Poplar Community Services District

Under Negotiation: Price and Terms of Payment

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ITEM E

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

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ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: GLAW v. County of Tulare,

Unfair Practice Charge Number: SA-CE-617-M

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ITEM G

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

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Sitting as the Tulare County Redevelopment Agency

ITEM H

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 20

Next Item(s) Sitting as...