MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS - Chairman

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


 

May 3, 2011

 

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 Tulare Union High School Mock Trial Team for its Outstanding Efforts.

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 for Acquisition of Property by Eminent Domain for the Road 108 Reconstruction Project Pursuant to Code of Civil Procedure Section 1245.330; Kampen. Adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project; 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 use for which the Subject Property is sought to be taken is a more necessary public use than the use to which the property is appropriated (Code of Civil Procedure 1240.610); e) 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 f) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 12)

 

 

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

5.                  Approve an agreement with the California Department of Food and Agriculture in the amount of $17,775 for County Petroleum Products Compliance and Weightmaster Enforcement Programs, effective July 1, 2011 through June 30, 2012. Authorize the Chairman to sign the Form CCC-307 (Contractor Certification Clauses).

Auditor-Controller/Treasurer-Tax Collector

6.                  Introduce and waive the first reading of an uncodified Ordinance pertaining to fees for certain Tax Collector services. Set the Public Hearing for May 10, 2011 at 9:30 a.m.

Board of Supervisors

7.                  Ratify the following Proclamations: Honoring the City of Tulare's Fire and Rescue Department for its Service and Sacrifice; and Recognizing the Sierra View District Hospital League for its Years of Volunteer Service.

County Administrative Office

8.                  Approve an agreement with Provost and Pritchard for the County of Tulare Disadvantaged Community Water Study Project in an amount not to exceed $1,600,000, retroactive to May 1, 2011 through August 31, 2014, subject to review and approval as to form by County Counsel. Find that the Board had authority to enter into the proposed agreement as of May 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

Information Technology

9.                  Approve an amendment to Agreement No. 14242 with CGI, Inc. for ongoing maintenance of the Advantage Financial (AFIN) software and for the upgrade from 3.6.1 to 3.8.0.2 in the amount of $473,000.

Resource Management Agency

10.             Introduce and waive the first reading of an Ordinance amending Sections 7-27-1010, 7-27-1100, 7-27-1110, 7-27-1180, 7-27-1205, and 7-27-1215 of Chapter 27 of Part VII of the Tulare County Ordinance Code pertaining to flood damage prevention. Direct the Clerk to the Board to publish a summary and post a certified copy of the proposed ordinance at least five (5) days prior to adoption in accordance with Government Code Section 25124(b)(1).

11.             Ratify and approve an agreement with the California Department of Transportation for cost reimbursement of transit operating expenses in the amount of $163,158, retroactive to July 1, 2009. Find that the Board had the authority to approve the agreement as of July 1, 2009 and that it was in the County's best interest to execute the agreement on that date. Authorize the Chairman to sign the reimbursement request upon approval of the Agreement by the State.

Sheriff/Coroner

12.             Ratify and approve an agreement with the United States Department of Justice, Drug Enforcement Administration, in the amount of $200,000 to provide staffing for the eradication of illicit marijuana, retroactive to January 1, 2011 through December 31, 2011. Find that the Board had authority to enter into the proposed Agreement as of January 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

13.             Request from the Board of Supervisors to approve the funding awards for the Step Up Service Learning Grant Program as recommended by the Tulare County Youth Commission. The Youth Commission voted to recommend that the Board of Supervisors award the following high schools with a $5,000 grant to perform a service learning project with students from their schools: Lane Learning Center, District One; Tech Prep High School, District Two; Visalia Technical Education Center, District Three; and Orosi High School, District Four, subject to review and approval as to form by County Counsel.

14.             Request from Health and Human Services Agency to find that a public hearing was properly noticed and held on April 26, 2011. Adopt the fees recommended for the Tulare County HHSA, Health Services, California Children Services, and the Child Welfare Services to cover costs. Authorize Tulare County HHSA, Health Services, California Children Services and Child Welfare Services to implement the fees beginning on July 1, 2011.

(Closed Session)

 

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

 

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:

Acquisition of Property by Eminent Domain for the Road 108 Reconstruction project pursuant to Code of Civil Procedure 1245.330. Property owners Floyd Kampen and Gail Kampen see Board of Supervisors agenda item May 3, 2011.

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Beth Atkinson and Kurt Brackob v. County of Tulare, Detective William Seymour; United States District Court 1:09-CV-00789-OWW-DLB

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Zuniga, Rosa Maria v. County of Tulare et. al.

Tulare County Superior Court Case Number VCU231878

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Pamela J. Fox v. County of Tulare et. al.; United States District Court Eastern District of California Case Number 1:11-CV-00520-AWI-SMS

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...