(Public Comment Period)
1.
Reorganization
of the Board of Supervisors. Selection
of the Board Chairman and Vice Chairman for the Year 2010.
2.
Recognize
the Dinuba High School Varsity Football Team for winning the Division 3 Valley
Championship.
3.
Recognize
the Strathmore High School Varsity Football Team for winning the Division 6
Valley Championship.
4.
Public
Comments.
5.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from the Resource Management to consider the
vacation of Avenue 108 between Road 270 and Road 272 alignment northeast of the
community of Terra Bella; Determine that the vacation is exempt from the
California Environmental Quality Act (CEQA) pursuant to the adopted Tulare
County CEQA Guidelines as a Class 5(e), Abandonments of existing street, alley
and utility easements on which no road improvements exist, and if the vacation
is approved direct the Environmental Assessment Officer to sign and file a
Notice of Exemption with the Tulare County Clerk; Determine that the
hereinbefore described road is necessary for present and prospective public use
and vacation thereof is not in the public interest; and Deny the vacation of
the aforementioned portion of Avenue 108.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 41)
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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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Board of Supervisors
7.
Cancel
the following meetings for the Board of Supervisors during 2010:
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January 19
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June 1
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August 24
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November 23
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February 16
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June 22
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September 7
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December 21
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February 23
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July 6
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October 26
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December 28
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March 30
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August 3
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November 16
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8.
Approve
the 2010 Board of Supervisors Committee Assignments.
9.
Ratify
the following Proclamations: Honoring
Quinten A. Luallen for his 50 Years of service to the Lindmore Irrigation
District; and Honoring Roger Hill upon his Retirement from the Tulare Police
Department.
10.
Appoint
Fred Brusuelas to the Agricultural Advisory Committee as the Planning and
Development Representative to serve at the pleasure of the Board.
11.
Appoint
Maria L. Garza-Cazares to the Tulare County Health Center Board, District 3 -
Consumer for a term ending April 18, 2013.
12.
Reappoint
Mike Bennett to the Tulare County Employees' Retirement Board as Member 4 for a
term ending December 31, 2012.
13.
Appoint
Bill Van Leer to the Strathmore Volunteer Fire District for a term ending
December 6, 2013.
Child Support Services
14.
Approve
an amendment to Purchasing Agreement No. 4726 with Mitchell Gerking d.b.a. 1st
Priority Attorney Support to allow the augmentation of the maximum contract
amount from $60,000 to $150,000 for Fiscal Year 2009-2010
15.
Approve
an amendment to Purchasing Agreement No. 4722 with ARVAL Fresno Legal Services
to allow the augmentation of the maximum contract amount from $60,000 to
$150,000 for Fiscal Year 2009-2010.
County Administrative Office
16.
Approve
the recommended changes to Administrative Regulation No. 12 - Naming of County
Properties and Facilities.
District Attorney
17.
Authorize
acceptance of grant funding from the California Emergency Management Agency for
the VAWA Stimulus, Victim Witness Assistance Program in the amount of $12,231 with
a County match of $4,077 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 has 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 grand funds received
hereunder shall not be used to supplant expenditures controlled by this body.
Health & Human Services Agency
18.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
19.
Appoint
Darlene Kilmartin - Non-Related Provider - Seat 8 to the In-Home Supportive
Services Advisory Committee.
20.
Approve
the Tulare County Child Care Planning Council Certification Form.
21.
Ratify
and approve the acceptance of the grant award from the State of California,
Department of Alcohol and Drug Programs, Safe and Drug Free Schools and
Communities State Grants (3rd year of a 5-year Grant Agreement) in the amount
of $220,000 to address prevention needs of children and youth who exhibit a
high rate of drinking behavior and whose parents/caregivers are in substance
abuse treatment, retroactive to October 1, 2009 through September 30,
2010. Find that the Board had authority
to enter into the proposed agreement as of October 1, 2009 and that it was in
the County's best interest to enter into the agreement on that date.
22.
Approve
the Tulare County Health & Human Services Agency, Maternal Child Health
Division to receive funds from the Tulare County Mental Health Services Act,
Prevention and Early Intervention, Children and Youth in Stressed Families,
Maternal Mental Health Grant opportunity for Fiscal Years 2009/2010 and
2010/2011 in the amount of $1,000,000.
Approve the necessary budget adjustments (4/5ths vote required).
23.
Approve
the Memorandum of Understanding with Rady Children's Hospital--San Diego
(RCHSD), and the Central Valley Safe Kids California Project (SKCP) cohort 1
that consists of Fresno, Madera, and Tulare counties and the California State
University, Fresno Foundation through its Central California Regional Child
Welfare Training Academy (CCRTA) to target the prevention of child neglect.
24.
Approve
the Tulare County System Improvement Plan (SIP) Update, which is part of
Assembly Bill 636, better known as California's Child Welfare System
Improvement and Accountability Act of 2001 to improve outcomes for children.
Authorize the Tulare County Health & Human Services Agency and the Tulare
County Probation Department to sign the System Improvement Plan Update and
submit the proposed Tulare County SIP to the California Department of Social
Services (CDSS).
25.
Ratify
and approve an amendment to Agreement No. 23413 (State Agreement No. 07-65544)
with the California Department of Public Health, Office of AIDS for the Housing
Opportunity for People Living with AIDS, (HOPWA) Program, the amendment is
retroactive to July 1, 2009 through June 30, 2010. The maximum amount of the agreement is
increased by $16,322 from $190,999 to $207,321.
Find that the Board had authority to enter into the proposed agreement
as of July 1, 2009 and that it was in the Board's best interest to enter into
the agreement on that date.
26.
Ratify
and approve the acceptance of $250,000 in revenues provided by the California
Endowment, for the Premium Subsidies for Healthy Kids 6-18 grant to provide
health and mental health, vision and dental coverage to approximately 252
children, retroactive to November 1, 2009 through October 31, 2010. Find that the Board had authority to enter
into the proposed agreement as of November 1, 2009 and that it was in the
County's best interest to enter into the agreement on that date.
27.
Ratify
and approve the signature of the Chairman of the Board on the notification
letter signed December 18, 2009 terminating Agreement No. 21948 with
Porterville Halfway House, Inc. d/b/a The PAAR Center, effective January 31,
2010. Find that the Board had authority to authorize the Chairman of the Board
to sign the notification letter on December 18, 2009 terminating Agreement No.
21948, effective January 31, 2010.
Purchasing
28.
Approve
an agreement with Mineral King Laboratory to perform drug screening, analysis
and testing for County departments for three years from date of approval with a
one year extension.
Resource Management Agency
29.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Celeste D. Thomas for the Road 108 Widening Project
in the amount of $34,500. 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 $36,000 in favor of Stewart Title Company.
30.
Approve
an agreement for Purchase of Property from Jose A. Lucatero, Jr. for the Road
80 Widening Project in the amount of $116,000.
Approve Residential Relocation expenses of up to $30,000 for the tenant
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 $117,500 in favor of Chicago Title Company.
31.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Visalia First Christian Reformed Church for the Road
108 Widening Project in the amount of $88,500.
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 $90,000 in favor of Stewart Title
Company.
32.
Approve
an agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Fareed Odeh Saphieh for the Road 80 Widening Project in the
amount of $247,500. 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 $249,000 in favor of Chicago Title Company.
33.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Daniel S. Willson and Carol R. Willson, as trustees
of the Daniel S. Willson and Carol R. Willson Trust dated November 10, 1997 for
the Road 108 Widening Project in the amount of $11,100. 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, sign all documents to facilitate the
escrow for this acquisition. Direct the Auditor to draw a warrant in the amount
of $12,600 in favor of Stewart Title Company.
34.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Ava R. Baxley, Trustee of the Willard E. Baxley
Marital Deduction Trust, a Subtrust of the Willard E. Baxley and Ava R. Baxley
2005 Family Trust as to an undivided 88.954% interest and Ava R. Baxley,
Trustee of the Ava R. Baxley Survivor's Trust, a Subtrust of the Willard E.
Baxley and Ava R. Baxley 2005 Family
Trust, as to an undivided 11.046% interest for the Road 108 Widening Project in
the amount of $49,100. 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, sign all documents to facilitate the
escrow for this acquisition. Direct the Auditor to draw a warrant in the amount
of $50,600 in favor of Stewart Title Company.
35.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Mark H. Welter for the Road 108 Widening Project in
the amount of $8,100. 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, sign all
documents to facilitate the escrow for this acquisition. Direct the Auditor to
draw a warrant in the amount of $9,600 in favor of Stewart Title Company.
36.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Catherine Elaine Baxley 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.
37.
Approve
an amendment to Agreement 18867 with Raoul J. Freeman and Ellen A. Freeman for
the real property described as 1066 N. Alta in the City of Dinuba.
38.
Adopt
a Resolution deferring the submittal of specific reports for Dairy Speial use
Permit Applications to the Environmental Review Stage including: Comprehensive Nutrient Management Plan;
Geological/Hydrological Report; and Administrative Draft Environmental Impact
Report.
Sheriff/Coroner
39.
Approve
the Fixed Asset purchase of a Large Crew Cab Truck in the amount $48,000 to be
used for the Building Trades Program.
Approve the necessary budget adjustments. (4/5ths vote)
Workforce Investment Board
40.
Appoint
Mary Alice Escarsega-Fechner - Business to the Workforce Investment Board of
Directors for a term ending May 31, 2010.
41.
Accept
funds received from the California Employment Development Department, Workforce
Services Division in the amount of $210,639 to operate the California New Start
- Prison-to-Employment Program. Approve
the necessary budget adjustments.
(4/5ths vote)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
42.
Request
from County Counsel to Introduce and waive the first reading of an Ordinance
adding Chapter 20 of Part VI of the Ordinance Code of Tulare County pertaining
to business licenses for mobile food vendors.
Direct the Clerk to publish a summary of the ordinance before the second
reading as required by law.
43.
Request
from Resource Management Agency to approve an amendment to the 2006 ½-Cent
Transportation Sales Tax Measure Expenditure Plan.
(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
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Agricultural
Commissioner/Sealer
(Government
Code Section 54957.6)
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: 2
Road
Abandonment Hearing for Avenue 108 between Road 270 and Road 272 Board of
Supervisors Agenda Item January 12th, 2010.
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
(Government Code
Section 54956.9 (a).)
Details
Name of
Case: Laura Kennedy dba Sugar Daddy's
Gentlemen's Club v. County
of Tulare; Tulare County
Superior Court Case Number 08-229065.
Next Item(s)
Sitting as...
ITEM
D
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
E
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
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 REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 15892 Azalea Ivanhoe, CA
or APN 07-054-015
Agency
Negotiator: Jean Rousseau
Negotiating
Parties: Bank of the Sierra
Under
Negotiation: Price, and Terms of Payment
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 1105 S "O"
Street, Tulare, CA
Agency
Negotiator: Jean Rousseau, Bertha
Cervantes and Robert Newby
Negotiating
Parties: Tulare County
Office of Education
Under
Negotiation: Price, and Terms of Payment
Next Item(s)
Sitting as...
ITEM
I
CONFERFENCE 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...
