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,

THE TULARE COUNTY REDEVELOPMENT AGENCY,

THE TULARE COUNTY FLOOD CONTROL DISTRICT, AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

October 13, 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. Recognize Andy Perkins upon his retirement for 40 years of County service with the Resource Management Agency.

2. Presentation given by the Sheriff's Department regarding an overview of the Friends of Tulare County.

3. Public Comments.

4. Board of Supervisors matters.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 27)

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

5. Ratify a Proclamation Honoring Paul Williams on the Occasion of the Tulare County Drug Court Graduation.

County Administrative Office

6. Reaffirm Resolution No. 2009-0728 declaring an emergency to waive the bid process for the purchase of two hot water heating units.

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

Fire Department

8. Approve an agreement with the City of Kingsburg for Automatic Aid for fire protection and emergency medical services.

Health & Human Services Agency

9. Reaffirm declaration of state of emergency in the Tulare County Drought Resolution No. 2008-0472 adopted June 24, 2008.

10. Approve applying for and receiving funds from the Department of Alcohol and Drug Programs, Office of Criminal Justice, for the Comprehensive Drug Court Implementation Notice of Grant Award No. CDCI-09-10-54 Program, in the amount of $156,155 for the period January 1, 2010 through December 31, 2010.

11. Ratify and approve an amendment to Agreement No. 23707 with Tulare County Superintendent of Schools for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities 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.

12. Ratify and approve an amendment to Agreement No. 23703 with Traver Joint Elementary School District for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities 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.

13. Ratify and approve an amendment to Agreement No. 23790 with Strathmore Union Elementary School District for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities 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. 23732 with Pleasant View Elementary School District for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities 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. 23705 with Pixley Union School District for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities 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. 23706 with Monson-Sultana Joint Elementary School District for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities 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 agreement with Exeter 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 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 agreement with Exeter Union High 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 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.

19. Ratify and approve an agreement with Richgrove 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 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 agreement with Alta Vista 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 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.

Purchasing

21. Waive the second reading and adopt an Ordinance amending Sections 1-03-1290, 1-03-1305, 1-03-1310 and 1-03-1320 pertaining to the Purchasing Department of the County of Tulare. Direct the Clerk of the Board to publish and post a summary of the Ordinance before the second reading as required by law.

Resource Management Agency

22. Waive vehicle entrance fees to Mooney Grove Park's 100th Birthday Celebration. Allow discharge of firearms (limited blank ammunition) at Mooney Grove Park as part of the activities.

23. Ratify and approve 2009/2010 Transit Agreement with the City of Porterville, for the City to provide transit service to County of Tulare 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.

24. Consent to the City of Porterville's acquisition of property located in Tulare County's jurisdiction along the east side of Beverly Street, 5 feet wide from north of Date Avenue to south of Roby Avenue, and the west side of Newcomb Street, 42 feet wide from north of Date Avenue to south of Roby Avenue, for maintenance and operation of City road improvements.

Sheriff/Coroner

25. Ratify and approve an application to the California Emergency Management Agency for continued funding for the I-NET Drug Task Force from July 1, 2009 through June 30, 2010. Approve the operational agreements with Exeter Police Department, Dinuba Police Department and the Farmersville Police Department to participate in the program. Ratify and approve a Personnel Resolution to increase the position allocation of the Sheriff's Department by one sergeant and the Probation Department by one Probation Officer. Find that it was in the best interest of the County for the Sheriff's Department to operate I-Net Drug Task Force for Fiscal Year 2009, retroactive to July 1, 2009.

26. Ratify and approve the agreement with the California Emergency Management Agency in the amount of $238,782 for the Residential Substance Abuse Treatment Program, retroactive to September 1, 2009 through August 31, 2010. Find that the Board had authority to approve the Grant Award on September 1, 2009 and that it was in the County's best interest to enter into the agreement on that date. Approve an amendment to Agreement No. 19540 with Alternative Services, Inc. for the counseling services provided to the Residential Substance Abuse Treatment from $154,713 to $201,000. Approve the necessary budget adjustments. (4/5ths vote)

Treasurer/Tax Collector

27. Consent to the deemed assignment of all Investment Advisory Agreements between the County of Tulare and PFM Asset Management LLC upon the change in control of the holding company of PFM. Authorize the Chairman to sign the Form of Consent, subject to review and approval as to form by County Counsel.

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28. Request from the Auditor-Controller/Treasurer-Tax Collector to approve participation in the California Communities Prop 1A Securitization Program and authorize the sale of receivables due to reduced property tax allocation for the following funds and approximate amounts: General Fund, $7,462,000; Fire Fund, $545,000; and Library Fund, $263,000.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

29. Request from the Auditor-Controller/Treasurer-Tax Collector to approve Terra Bella Sewer District's participation in the California Communities Prop 1A Securitization Program and authorize the sale of receivables due to reduced property tax allocation for approximately $2,500.

ADJOURN AS THE TULARE COUNTY TERRA BELLA SEWER MAINTENANCE DISTRICT

AND CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

30. Request from the Auditor-Controller/Treasurer-Tax Collector to approve Tulare County Flood Control's participation in the California Communities Prop 1A Securitization Program and authorize the sale of receivables due to reduced property tax allocation for approximately $43,000.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

31. Request from Resource Management Agency to deny Application No. PZI 09-002 requested by Gerald Leatherman to proceed with a Zone Change on approximately 19.8 acres, from R-A-100 (Rural Residential - 100,000 square foot minimum lot area) to R-A-43 (Rural Residential - 43,000 square foot minimum lot area) located on the north side of State Route 137 (Avenue 232/E. Tulare Avenue) approximately 650 feet west of Road 132, east of Tulare.

(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.

Next Item(s) Sitting as...

ITEM C

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 D

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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