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


December 8, 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 the Baby Steps to Parenting Program as a recipient of a 2009 California State Association of Counties Challenge Merit Award and present the award to the community partners who made the program a success.

2.                  Award funding in the amount of $100,000 for the Step Up Youth Activities Grant Program as recommended by the Tulare County Youth Commission.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from the Fire Department to approve Fire Hazard Abatement Cost Recovery. Confirm the accounting as modified. Order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax roll as special assessments against the respective parcels of land.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 28)

 

 

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.

 

 

 

Auditor/Controller

6.                  Authorize sale at Internet Auction of tax-defaulted properties, subject to the Power of Sale according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation code to begin on March 11, 2010 through March 15, 2010, ending time to be staggered every 15 minutes starting at 10:00 a.m. on March 15, 2010. Approve any parcel that does not sell to be re-offered at the end of the auction at a lower minimum bid amount starting May 6, 2010 through May 10, 2010. Authorize a $5,000 refundable deposit for unsuccessful bidders during registration.

Board of Supervisors

7.                  Reappoint Clyde Stagner to the Tulare Mosquito Abatement District for a term ending December 31, 2011.

8.                  Reappoint Bette George to the Delta Vector Control District for a term ending December 31, 2011.

9.                  Reappoint Karla Field to the Tulare County Water Works District No. 1 for a term ending May 1, 2012.

10.             Reappoint Michael Sheltzer, Esq. to the Tulare County Law Library as Board of Supervisors' Designee for a term ending December 31, 2010.

11.             Cancel the Board of Supervisors meeting on January 5, 2010.

 

Cooperative Extension

12.             Approve an agreement with the California Department of Food and Agriculture in the amount of up to $16,758 for providing services in the support of Tulare County Weed Management Area for detection, eradication and containment of Yellow Starthistle at the Eastern Leading Edge of the Sierra Nevada Foothills of Tulare County, effective from January 1, 2010 through December 31, 2010.

County Counsel

13.             Waive the second reading and adopt the proposed Ordinance amending sections 1-05-1160, 1-05-1165, 1-05-1185, and 1-05-1190, and repealing sections 1-05-1170, 1-05-1175, and 1-05-1180 of Article 5 of Chapter 5 of Part I of the Tulare County Ordinance Code Pertaining to Criminal Justice Administrative Fees.

Health & Human Services Agency

14.             Ratify and approve a Letter of Support from Phillip A. Cox, as Chairman of the Tulare County Board of Supervisors, for the submission of an American Recovery Reinvestment Act (ARRA) grant proposal to provide an opportunity to make disease prevention and health promotion a top priority. Find that the Board had authority to approve the Letter of Support dated November 12, 2009 and that it was in the County's best interest to submit the Letter of Support on that date.

15.             Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Community Services and Support Plan Update for Fiscal Year 2009/2010 to the State Department of Mental Health. Authorize the Tulare County Director of Mental Health to accept additional funding of $10,811,794 upon approval of the Plan Updates by the State Department of Mental Health. Approve the necessary budget adjustments. (4/5ths vote)

16.             Ratify and approve an amendment to Agreement No. 23197 with Central Valley Recovery Services, Inc., Pine Recovery Center, New Visions, Mothering Heights, New Heights, and New Hope in the amount of $684,605 to provide alcohol and drug recovery 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. 23165 with the State Department of Alcohol and Drug Programs (ADP), for combined Drug/Medi-Cal (D/MC) and Net Negotiated Funds, 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. Approve the necessary budget adjustments per the AUD 308 (4/5ths vote required).

18.             Ratify and approve an agreement with Medical Hill Rehab Center, LLC in the amount not to exceed $116,800 to provide a mental health rehabilitation program, 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.             Approve the agreements between Tulare County Health & Human Services Agency and the Sub-recipients of the Fiscal Year 2008 Homeland Security Grant Program: Cities of Exeter, Farmersville, Lindsay, Porterville, Tulare, and Visalia; and Tulare County Consolidated Ambulance Dispatch to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs.

20.             Authorize Tulare County Health & Human Services Agency, Department of Mental Health, Alcohol & Other Drug Program to apply for the CAL-EMA JAC-OTP Grant in the amount of $549,948. Authorize the Tulare County Alcohol & Other Drug Administrator or designee to sign the appropriate grant application documents. Authorize the Tulare County Auditor to establish an Interest Bearing Trust Fund for the deposit of funds from California Emergency Management Agency's (CAL-EMA) Recovery Act Justice Assistance Grant - Substance Abuse Offender Treatment Program (JAG-OTP).

Resource Management Agency

21.             Authorize the Chairman of the Board of Supervisors to send a letter to the California Department of Public Health, Drinking Water Program, to transfer the State Revolving Fund grant request from the Stone Corral School District to the County of Tulare to replace the distribution system for the Seville Water Company.

22.             Set a public hearing for January 12, 2010 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the petition to vacate Avenue 108 between Road 270 and Road 272 northeast of the community of Terra Bella. Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

23.             Approve an agreement with the City of Exeter in the amount of $5,000 to provide transit service to the community of Tooleville for the period of January 1, 2010 to June 30, 2010.

24.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from JN&M Investments for the Road 80 Widening Project in the amount of $1,600. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation. Direct the Auditor to draw a warrant in the amount of $1,600 in favor of JN&M Investments.

25.             Approve an agreement for Purchase of Property from Bill M. Bujulian and Stella Bujulian for the Road 80 Widening Project in the amount of $135,000. Approve Business Relocation and Re-establishment expenses of up to $30,000 for the business at this location. Authorize County Counsel to sign the Grant Deed 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 $136,500 in favor of Chicago Title Company.

26.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from the Federal National Mortgage Association for the Road 108 Widening Project in the amount of $5,800. 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 $7,300 in favor of Stewart Title Company.

27.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from J Robert D. Clark and Doris C. Clark for the Road 108 Widening Project in the amount of $120,000. 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 $121,500 in favor of Stewart Title Company.

Sheriff/Coroner

28.             Approve fixed asset purchases in the amount of $10,945 of one (1) Remote Video Storage System and one (1) GPS Tracking unit. Approved the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

29.             Request from Health & Human Services Agency to approve the additional staff in response to program allocations received from the State of California in the Fiscal Year 2009/2010 adopted state budget approved by the Governor, approve the Personnel Resolution, approve the listed job specifications, and approve the necessary budget adjustments. (4/5ths vote)

30.             Receive a presentation from Resource Management Agency regarding an overview of the County of Tulare Transit Infrastructure Improvement Plan. Adopt the Transit Capital and Financial Plan as an amendment to the 2008 Transit Development Plan.

(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

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

County Counsel

(Government Code Section 54957 (b)(1).)

Next Item(s) Sitting as...

ITEM C

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...