MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY Chairman - 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


 

February 2, 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.                  Recognize the Visalia Breakfast Rotary for its contribution of Automatic External Defibrillators.

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 adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; William C. Hahesy, Sr.; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

5.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Mervin Souza, Mervin L. Souza, Mervin L. Souza DBA M.S. Products; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner.

6.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Bill and Tanya Miller Family Limited Partnership; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury: c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner.

 

 

 

7.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Strawberry Stand Corner, LLC; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 24)

 

 

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.

 

 

 

Agricultural Commissioner/Sealer

8.                  Ratify and approve an agreement with the California Department of Food and Agriculture, for the purpose of enforcement of the California Seed Law, 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.

Board of Supervisors

9.                  Adopt a Resolution to support the American Cancer Society's recommendation that routine mammograms be continued for women 40 years of age or older to save lives, and urge the California Department of Public Health to restore it's original policy of paying for mammograms in women 40 years of age or older.

10.             Approve sending a letter of support for H.R. 3999 (Cardoza), which would direct the Bureau of Reclamation and the Secretaries of the Interior and Commerce departments to reevaluate all of the stressors in the Sacramento-San Joaquin Delta, analyze the effect of each stressor, and recommend alternative and more appropriate measures to protect this invaluable estuary.

11.             Reappoint David Risenhoover, Bobby Jackson and Danny Bilbrey to the Pixley-Tipton Public Cemetery District for terms ending January 6, 2014.

12.             Reappoint Judith Anderson to the Exeter Public Cemetery District for a term ending January 6, 2014.

13.             Reappoint Jeff Tienken to the Lindsay-Strathmore Public Cemetery for a term ending Noon on January 6, 2014.

Health & Human Services Agency

14.             Accept the resignation of the current representative, Virginia McCabe, as Tulare County's representative to the Central Valley Immunization Registry Commission and appoint Brenda Tyler, RN, PHN, as Tulare County's representative member to the Central Valley Immunization Registry Commission.

15.             Ratify and approve an amendment to Agreement No. 23235 with Family Services of Tulare County, Inc. to provide a community-based Family Preservation, Family Support, and Family Reunification 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.

16.             Ratify and approve an amendment to Agreement No. 23832 with Wrime, Inc. to develop a Groundwater Quality Monitoring Plan, retroactive to October 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of October 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 Marin County to act as the host entity of the Local Government Agency over the Medi-Cal Administrative Activities and Targeted Case Management Trust Fund to collect the appropriate participation fee for Fiscal Years 2009/2010 and 2010/2011, 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.

18.             Ratify and approve an agreement with the Tulare County Office of Education in the amount of $150,425 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. The funds will come from the Safe and Drug Free Schools and Communities Grant Program, which is in its third year. 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.

19.             Ratify and approve an agreement with the Tulare County Office of Education (TCOE) and all school districts within TCOE to receive Immunizations or Public Health Services from Tulare County Health & Human Services Agency, retroactive to November 1, 2009 through June 30, 2012. 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.

20.             Ratify and approve agreements with the following school districts: Tulare City School District; Tulare Joint Union High School District; Porterville Unified School District; Dinuba Unified School District; Woodlake Union Elementary School District; Farmersville Unified School District; Exeter Union School District; and Exeter Union High School District, to receive Immunizations or Public Health Services from Tulare County Health & Human Services Agency, retroactive to November 1, 2009 through June 30, 2012. Find that the Board had authority to enter into the proposed Agreements as of November 1, 2009 and that it was in the County's best interest to enter into the Agreements on that date.

Resource Management Agency

21.             Approve an amendment to Agreement No. 22610 with the South Tulare County Memorial District, Earlimart Building, for leasing office space located at 712 E. Washington in Earlimart for the Kings/Tulare Area Agency on Aging Program.

22.             Initiate proceedings to form Assessment District No. 09-804R-GOSHEN for the maintenance of roadways in Tract No. 804 that is a division of 31.41 acres into 77 residential lots to be divided into two phases, with Phase I consisting of 41 lots and a ponding lot located to the west of the proposed subdivision on the northeast corner of Road 72. Designate the County Engineer as the Engineer for the purpose of these proceedings. Direct the Engineer to prepare and file a report with the Clerk of the Board.

23.             Approve the submission of a grant application to the California State Revolving Fund Program for funding to prepare plans, specifications and estimate, and other related documents, to replace the Seville Water Company water system in the community of Seville.

Sheriff/Coroner

24.             Ratify and accept grant funding in the amount of $398,056 from the California Emergency Management Agency for continued funding for the I-NET Drug Task Force, retroactive to July 1, 2009 through June 30, 2010. Approve the Operational Agreement with the Lindsay Police Department to participate in the program. 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. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

25.             Request from Information Technology to approve the purchases necessary for the new backup system for the County of Tulare in an amount not to exceed $1,528,539 as follows: a) Approve the Fixed Asset purchases of Servers, Switches, and Powerfile Devices in an amount not to exceed $464,470 to provide data backup and recovery system, subject to the approval by the California Health and Human Services Agency Office of Systems Integration of the Advanced Planning Document; and b) Approve the purchases of Software, Licensing, and Professional Implementation Services in an amount not to exceed $1,064,069 to provide data backup and recovery system, subject to the approval by the California Health and Human Services Agency Office of Systems Integration of the ADP. Approve the necessary budget adjustments. (4/5ths vote)

(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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 149-060-008, 149-060-009 and 149-230-003

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Mervin Souza, Mervin L. Souza and Mervin L. Souza DBA M.S.

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 166-010-045

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Bill and Tanya Miller Family Limited Partnership

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 149-230-006

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: William C. Hahesy Sr.

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 149-060-010

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Strawberry Stand Corner, LLC

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM F

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...