(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)
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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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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)
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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
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...
