MEMBERS OF THE BOARD

 

ALLEN ISHIDA -Chairman

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

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 8, 2013

 

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.                  Swearing-in Ceremony for Supervisor Allen Ishida, Supervisor Pete Vander Poel and Supervisor Phil Cox by the Honorable Lloyd Hicks, Presiding Judge.

2.                  Election of the Chairman and Vice Chairman of the Board of Supervisors for the year 2013.

3.                  Presentation from Health and Human Services Agency and Community Services & Employment Training for the Youth Transitions Program.

4.                  Public Comments.

5.                  Board of Supervisors matters.


 

CONSENT CALENDAR (Number 6 through 20)

 

 

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

6.                  Approve the 2013 Board of Supervisors Committee Assignments.

7.                  Cancel the following meetings for the Board of Supervisors during 2013:

8.                  Appoint Fergus Morrissey, Member 7 to the Flood Control District for a term ending September 1, 2016.

9.                  Appoint Audrey Dooley, Trustee to the Tulare Mosquito Abatement District for a term ending December 31, 2013.

10.             Appoint Phil Benton, Seat 5-Consumer to the Tulare County Mental Health Board for a term ending December 15, 2015.

11.             Appoint Joe J. Enea, Public Member to the Tulare County Financial Advisory Committee for a term ending June 30, 2015.

12.             Reappoint Pamela Whitmire, District 1 and Tammie M. Weyker, At-Large Member to the Tulare County Library Advisory Board for terms ending December 31, 2016.

Fire Department

13.             Approve an agreement with the State of California Department of Forestry and Fire Protection for cooperative fire protection, retroactive to January 1, 2013 until terminated by either party according to the terms of the agreement.  Find that the Board had authority to enter into the proposed agreement as of January 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

14.             Approve necessary budget adjustments for the California Department of Public Health, Network for a Healthy California Program, increasing the County budget from $350,000 to $467,678 (4/5ths vote required).

15.             Approve an amendment to Agreement No. 25681 with the California Department of Health Care Services for the purpose of maintaining federal Medi-Cal payments, retroactive from January 1, 2013 through April 30, 2013.  Find that the Board had authority to enter into the proposed amendment as of January 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

16.             Approve an agreement with Clean Harbors Environmental Services, Inc. in an amount not to exceed $150,000 to provide transportation and disposal of household hazardous waste, retroactive to July 1, 2012 through June 30, 2013.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

17.             Approve the Tulare County Child Care Planning and Development Council Certification Form.

Information & Communications Technology

18.             Approve an amendment to Agreement No. 24685 with the USDA Forest Service, Sequoia National Forest to extend the term of the agreement to August 20, 2017 for the Jordan and Sherman Peak Radio Expansion.

Resource Management Agency

19.             Prohibit motor vehicle parking, except in cases of emergency, on Dry Creek Drive, on both sides of the road, from State Route 216 for a distance of 1.6 miles north of State Route 216 by establishing a No Parking/Emergency Parking Only zone.

20.             Approve Program Supplement Agreement No. N067 in the amount of $50,000 with the California Department of Transportation for the period of January 2013 to January 2018 for the Avenue 364 Cottonwood Creek Bridge project.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

21.             Request from the District Attorney to delete an existing Victim Offender Reconciliation Program Investigator Aide position.  Add one new Victim Witness Worker I position to be assigned to the District Attorney's Victim Offender Reconciliation Program.  Approve the Personnel Resolution deleting one Investigator Aide and adding one Victim Witness Worker I.

(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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (d)(1).)

Name of Case:  Sierra Club vs. County of Tulare, et al.

Tulare County Superior Court Case Number 249061

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ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (d)(1).)

Name of Case:  City of Porterville vs. County of Tulare, et al.

Tulare County Superior Court Case Number 249043

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ITEM C

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (d)(4).)

Number of Potential Cases: 1

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ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (d)(2).)

Number of Potential Cases: 1

Potential Litigation Regarding Opposition to the Tulare County Traffic and Facilities Development Impact Fee Program

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ITEM E

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (d)(4).)

Number of Potential Cases: 9

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ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (d)(1).)

Name of Case:  County of Tulare vs. City of Porterville, et al.

Tulare County Superior Court Case No. 249877

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ITEM G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (d)(4).)

Number of Potential Cases: 1

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ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  15892 Azalea, Ivanhoe

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Boys and Girls Club

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  APN 097-020-004 North side of Walnut Avenue at the alignment of Road 132 next to the Southern Pacific Railroad

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  City of Visalia

Under Negotiation:  Price and Terms of Payment

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ITEM J

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  920 South College Dinuba CA

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  City of Dinuba

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative:  Jeff Cardell, Jean Rousseau

Employee Organization:  All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees except Elected

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