MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL -Chairman

District Two

 

PHILLIP A. COX -Vice 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


 

March 5, 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.                  Present Proclamation recognizing Nan Arnold as the 2013 California School Nurse Organization's School Nurse of the Year.

2.                  Presentation given by the Arts Consortium regarding the work being done throughout Tulare County.

3.                  Public Comments.

4.                  Board of Supervisors matters.(Consent Calendar)

CONSENT CALENDAR (Number 5 through 17)

 

 

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.

 

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

5.                  Determine that the property designated as Assessment Parcel Number 323-092-016-000 should not have been sold at the Tax Default-Sale conducted on March 19, 2012. Rescind the Tax Sale of Assessment Parcel Number 323-092-016-000.

6.                  Approve the purchase of 24 replacement vehicles for the Sheriff's Department. Authorize payment for those vehicles with a loan from the Workers' Compensation Insurance Fund. Approve the necessary budget adjustments. (4/5ths vote required).

7.                  Order and consent to the consolidation of the regular Governing Board Election for the Exeter Unified School District with the General Election.

8.                  Order and consent to the consolidation of the regular Governing Board Election for the Farmersville Unified School District with the General Election.

9.                  Order and consent to the consolidation of the regular Governing Board Election for the Terra Bella Veteran's Memorial District with the General Election.

Board of Supervisors

10.             Rescind the appointment of Gilbert Ynigues, Mutually Selected Member-Alternate per Resolution No. 2012-0895.

11.             Appoint Gilbert Ynigues, Mutually Selected Member to the Indian Gaming Benefit Committee to fill the unexpired term ending June 30, 2013.

Health & Human Services Agency

12.             Authorize the Chairman of the Board to sign three (3) copies of the State Contractor Certification Clauses form (CCC-307) and three copies of the Federal Contractor Certification Clauses (CO-007) form with the California Department of Education, Nutrition Services Division that will allow Tulare County Health & Human Services Agency (HHSA) to receive the contract for the Summer Food Service Program.

13.             Approve an amendment to Agreement No. 25104 with the California Environmental Protection Agency retroactive to January 1, 2010 through December 31, 2013 for expending the remaining funds in the amount of $40,308.99. These funds are made available for outreach and training; migration from Envision 3.4 to Envision Connect; and Decade Portal implementation, licensing and support. Find that the Board had the authority to enter into the proposed amendment as of January 1, 2010 and that it was in the County's best interest to enter into the amendment on that date.

14.             Approve an amendment to Agreement No. 25619 with Star View Adolescent Center to provide residential treatment and an array of specialty mental health services, and add Therapeutic Behavioral Services in an amount not to exceed $160,000, retroactive to July 24, 2012 through June 30, 2013. Find that the Board had authority to enter into the proposed amendment as of July 24, 2012, and that it was in the County's best interest to enter into the amendment on that date.

Resource Management Agency

15.             Declare their intent to vacate a portion of Road 236 from Avenue 84 north 1,950 feet, south of Terra Bella. Set a public hearing for April 2, 2013 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned road. Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

16.             Declare their intent to vacate a 450 foot portion of Camphor Avenue west of Road 237 and a 275 foot portion of the alley in Block 2 between Camphor Avenue and Avenue 95 in Terra Bella. Set a public hearing for April 2, 2013 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned roads. Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

17.             Introduce and waive the first reading of an Ordinance amending Section 3-01-1175, "Tulare Area" and Section 3-01-1180, "Visalia Area" to Part III, Chapter 1, Article 3 of the County Ordinance Code pertaining to speed limits. Set the second reading for March 19, 2013.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

18.             Request from the Board of Supervisors to adopt the Order of Adjournment of the Board of Supervisors meetings to specified times and locations as follows:

March 12, 2013 City of Farmersville

       The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 7:00 p.m. in the City of Farmersville Council Chambers located at 909 W. Visalia Road, Farmersville.

 

May 14, 2013 City of Tulare

       The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 7:00 p.m. in the City of Tulare Joint Union High School District Office, Staff Development Room located at 426 N. Blackstone, Tulare.

 

July 16, 2016 County of Tulare Board Chambers

       The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. and then be reconvened for purposes of Open Session at 7:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia.

September 10, 2013 City of Woodlake

       The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 7:00 p.m. in the City of Woodlake Council Chambers located at 350 N. Valencia Street, Woodlake.

 

November 12, 2013 City of Porterville

       The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 7:00 p.m. in the City of Porterville Council Chambers located at 291 N. Main Street, Porterville.

 

19.             Request from the County Administrative Office to provide a presentation on the Business License Ordinance Update.

(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: County of Colusa et al. vs. Toby Douglas, Director, CA Department of Health Care Services

Sacramento County Superior Court Case No. 34-2012-80001053

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ITEM B

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 No. 249061

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ITEM C

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 No. 249043

Next Item(s) Sitting as...

ITEM D

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

Next Item(s) Sitting as...

ITEM E

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 F

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 G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: Assessor's Parcel Number 251-140-029 (An unimproved parcel located just west of a parcel addressed as 900 W. Grand, Porterville, California)

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Allied Contractors, Inc.

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

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

Next Item(s) Sitting as...