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

 

January 12, 2010

 

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.                  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)

 

 

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

7.                  Cancel the following meetings for the Board of Supervisors during 2010:

January 19

June 1

August 24

November 23

February 16

June 22

September 7

December 21

February 23

July 6

October 26

December 28

March 30

August 3

November 16

 

 

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 -Cent Transportation Sales Tax Measure Expenditure 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

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...