MEMBERS OF THE BOARD

 

ALLEN ISHIDA – Chairman

District One

 

CONNIE CONWAY

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 733-6271

FAX (559) 733-6898


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

TULARE COUNTY REDEVELOPMENT AGENCY, TULARE COUNTY FLOOD

CONTROL DISTRICT, TERRA BELLA SEWER MAINTENANCE DISTRICT, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

September 11, 2007

 

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.  At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  9:00 a.m. Receive a check presentation from U.S. Attorney McGregor W. Scott of the U.S. Department of Justice to accept a grant for up to $174,650 for the Weed & Seed Program to "weed" criminal activity from communities struggling with high levels of crime and "seed" positive social programs into the same communities to serve as strong alternatives to future criminal activity.

2.                  9:00 a.m. Introduction and welcome newly appointed County Administrative Officer, Jean Rousseau.


 

CONSENT CALENDAR (Number 3 through 29)

 

 

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

3.                  Ratify the following Proclamations:  Honoring Central California Family Crisis Center on the Occasion of their 30th Anniversary; Congratulating Pena's Material Recovery Facility on their New Cutler Location; and Honoring Chief George Sandoval upon his Retirement.

4.                  Approve a Letter of Support for the Poso Creek Integrated Water Management Plan's application for implementation funding.

County Administrative Office

5.                  Approve and ratify the County Administrative Officer's delegated actions regarding Contracts and Personnel Changes during the month of August 2007.

Health & Human Services Agency

6.                  Reaffirm Declaration of State of Emergency in the Tulare County Winter Freeze 2007.

7.                  Ratify and approve an amendment to Agreement No. 22453-A with First 5 Tulare County in the amount of $369,956 for the Medically Vulnerable Infant Program, to enhance the frequency and duration of professional nurse home visit services provided to infants and toddlers (ages 0-3) born with medical complications that require hospitalization and long-term home recovery, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

8.                  Ratify and approve an amendment to Agreement No. 21997 with Turning Point of Central California, Inc. d.b.a. Turning Point Youth Services in the amount of $686,728, to provide alcohol and drug treatment and prevention services to Tulare County youths and their families, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

9.                  Ratify and approve an amendment to Agreement No. 21995 with Primer Paso Institute, Inc. in the amount of $563,268 to provide a culturally specific drug and alcohol recovery program to Tulare County Spanish speaking clients, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

10.             Ratify and approve an amendment to Agreement No. 21982 with Primer Paso Institute, Inc. d.b.a. Angela's House in the amount of $168,716 to provide a culturally specific drug and alcohol program to Tulare County Hispanic women, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

11.             Ratify and approve an amendment to Agreement No. 21708 with Tulare Youth Services Bureau, Inc. to provide mental health, rehabilitative, case management, and crisis intervention services to Tulare County children and adolescents, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

12.             Ratify and approve an amendment to Agreement No. 21948 with Porterville Halfway House, Inc. d.b.a. The PAAR Center in the amount of $638,369 to provide social model residential and community alcohol and drug recovery services for adults, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

13.             Ratify and approve an amendment to Agreement No. 21273 with Crestwood Behavioral Health, Inc. in the amount of $575,000 to provide skilled nursing mental health rehabilitation services to Tulare County residents who are severely and persistently mentally disabled, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

14.             Ratify and approve an amendment to Agreement No. 21259 with Braswell Enterprises, Inc. d.b.a. Sierra Vista Rehabilitation Center of Pleasant Hill, California in the amount of $220,000, to provide skilled nursing mental health rehabilitation services to Tulare County residents who are severely and persistently mentally disabled, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

15.             Approve an agreement with Tulare County Superior Court to provide Clerk time for a dedicated court calendar to provide support for the Offender Treatment Program (OTP), to help ensure sustained substance abuse recovery for Prop 36 Clients, through November 30, 2007.

16.             Ratify and approve an agreement with the Department of Health Services, Office of Aids, in the amount of $1,063,044 for the HIV/AIDS Master Agreement and associated MOU's, to provide HIV/AIDS related programs and services such as HIV Prevention, HIV Counseling and Testing, HIV/AIDS Surveillance, Early Intervention, and AIDS Case Management, retroactive to July 1, 2007 through June 30, 2010.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 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 Seneca Center of San Leandro, California for the provision of Intensive Day Treatment and Specialty Mental Health Services (five full days per week) to Tulare County minors ages 6 to 17 years, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 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 Aurora Vista Del Mar Hospital in Ventura, California in the amount of $200,000 for the provision of 24-hour short term medically necessary acute psychiatric inpatient care, special treatment services, and crisis stabilization to Tulare County residents, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 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 ASC Treatment Group d.b.a. The Anne Sippi Clinic in the amount of $113,150 to provide basic living and care services to the mentally disabled residents of Tulare County, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

20.             Accept the submission of the Mental Health Annual Report for Calendar Year 2006 to the Board of Supervisors regarding the needs and performance of the County's Mental Health System.

Human Resources & Development

21.             Ratify and approve the Memorandum of Understanding between the County of Tulare and the Professional Law Enforcement Management Association, Bargaining Unit #14/Sheriff's Management, retroactive to July 1, 2007 through June 30, 2010.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

22.             Approve and award the contract to the lowest responsive and responsible bidder, Granite Construction Company, Watsonville, California, in the amount of $535,442 for construction of shoulder stabilization on Avenue 144 from Road 40 to State Route 99.  Authorize the Chairman to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State contractor's license.

23.             Approve an Agreement with ABM Janitorial to provide custodial services for County Service Area 1:  Dinuba, Ivanhoe, Orosi and Woodlake; and Area 3:  Earlimart, Tipton and Tulare; and Area 4: Porterville.

24.             Approve an Agreement with Pacific Building Care to provide custodial services for County Service Area 2:  Exeter; Farmersville; Lindsay; Strathmore; and Three Rivers.

25.             Approve an Agreement with Omni-Means Ltd. for engineering and right of way services in the total amount of $2,282,131.98.

26.             Approve an Agreement with the State of California (Caltrans), for widening State Route 99 from 0.2 mile north of N. Goshen Overhead to 0.2 mile north of Conejo Avenue Overcrossing.

27.             Waive the first reading and introduce an Ordinance amending Paragraph B of Section 3 of Ordinance No. 352 of the Tulare County Zoning Ordinance pertaining to the Change of Zone No. PZ 06-005 from AE-40 (Exclusive Agricultural-40 acre minimum) to R-1 (Single Family residential) on a 38.2 acre site in Pixley.  Set the Public Hearing for September 18, 2007 at 9:30 a.m.

28.             Waive the first reading and introduce an Ordinance amending Section 18.8 Planned Community Zone of Ordinance No. 352 of the Tulare County Zoning Ordinance pertaining to planned communities.  Direct the Clerk to publish the Summary Ordinance within five (5) days.  Set Public Hearing for September 25, 2007 at 9:30 a.m.

Workforce Investment Board

29.             Appoint Patricia Stever, Member At-Large to the Tulare County Workforce Investment Board for a term ending May 31, 2009.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

30.             Request from Resource Management Agency to acknowledge the withdrawal of a request for a two-year extension of time for the Tentative Map for Tract No. 766, dividing 56 acres into 27 residential lots and 3 commercial lots, located on the northwest corner of Avenue 176 (Frazier Valley Drive), and State Highway 190, southwest of Springville.

31.             Public Comments.

32.             Board of Supervisors matters.

33.             1:30 p.m. Budget Hearings

(Closed Session)

Introduction and Overview

PUBLIC HEARING:  Citizens’ Option for Public Safety (COPS) 

 

Review proposed expenditure of funds allocated from the California State Legislature for the Citizens Option for Public Safety (COPS) Program.  Authorize the Auditor-Controller to distribute the monies, per the spending plan, as modified by public input and Board of Supervisors direction.

 

Enterprise Funds - Consent Budgets 

 

Solid Waste

Transit

C Funds – Fund C15 Lemon Cove Water

L & M Funds – Assessment Districts

         L01  Orosi Lighting/Landscape          L75  Teviston Storm Drain

         L05  Orosi Storm Drain                       L80  Earlimart Storm Drain             

         L10  Orosi Storm Drain                       L85  Orosi Storm Drain

         L16  Earlimart Storm Drain                 M02 Visalia (El Rio) Road Assessment

         L60  Tipton Storm Drain                      M03 Strathmore Road Assessment

         L65  Earlimart Storm Drain                 M04Porterville Road Assessment 

         L70 Cutler Storm Drain                       M06 Visalia Road Assessment

                                                                       

County Service Areas #1 and #2 Zones of Benefit - Consent Budgets 

 

El Rancho                              Delft Colony Sewer               Delft Colony Water

Seville                                     Tonyville                                 Tooleville

Traver                                     Yettem Sewer                        Yettem Water

Wells Tract Water                 Wells Tract Sewer

 

Redevelopment Agency and Special Districts - Consent Budgets 

 

Cutler/Orosi                           Earlimart

Goshen                                   Ivanhoe                                  

Pixley                          Poplar-Cotton Center                                  

Richgrove                               Traver

           

            In-Home Supportive Services

Terra Bella Sewer District

Tulare County Flood Control District

 

Internal Services Funds – Consent Budgets 

 

Information Technology

 

Insurance

Worker’s Compensation

General Liability

Property Insurance

Medical Malpractice

 

Resource Management Agency

Building Maintenance

Communications

Copier Services

Custodial Services

Grounds Maintenance

Mail Services

Motor Pool

Print Services

Utilities

 

 

 

Operating Funds – Consent Budgets 

 

Aviation Fund

Building Debt Service

Child Support Services

Equipment Debt Service 

Fire Department – Structural Fire Fund

Fish and Game

Health Realignment

Indigent Health Care

Library

Mental Health Realignment

Pension Obligation Bond

Road Fund

Social Services Realignment

Tobacco Settlement Proceeds

Workforce Investment Department

 

Operating Funds – Individual Discussion and Action

 

Capital Projects Fund 

 

General Funds – Consent Budgets 
 

Action Project-Rural Crime Technical Grant

Agricultural Commissioner

Assessor/Clerk-Recorder

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

Board of Supervisors

Capital Acquisitions

Central Telephone Services

Citizens’ Option for Public Safety (COPS)

Cooperative Extension

County Administrative Office

County Counsel 

District Attorney

Gang Task Force – Multi-Agency

General Revenues

Health and Human Services Agency

Human Resources and Development

Juvenile Justice Crime Prevention Act

Miscellaneous Administration

Miscellaneous Criminal Justice

Probation

Public Defender

Purchasing

Resource Management Agency

Rural Crime Prevention

Sheriff-Coroner

 

Position Allocation and Classification Schedules:  Approve changes to position allocations, reclassifications, and classification specifications.

 

Final Actions to Balance – General Fund

 

Contingency

Others as Needed

 

Direction and Authorizations

 

  1. Authorize Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2007/2008 Budget into final balance.
  2. Other direction as needed.
 
Budget Adoption

 

Upon conclusion of Final Budget Hearings, adopt budgets for all funds and activities as modified during hearings.


 

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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Martha Alaniz vs. County of Tulare

Workers' Compensation Appeals Board Case Numbers FRE 0208262,

189610, 189611, 18912

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Clarence Smith vs. County of Tulare

Workers' Compensation Appeals Board Case Numbers FRE 0219708 and FRE 0219709

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Hawkins v. Weir, et al., Contra Costa County Superior Court Case Number 07-01800

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

BRIEF OF AMICUS CURIAE - Spielbauer v. County of Santa Clara

Court of Appeal, Sixth Appellate District Case Number H029345

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Significant Exposure to Litigation

Number of Potential Cases: 1

Tentative Tract Map Number 776 (Nicholson/Frazier Valley Drive/Highway 190, Springville) Extension of Time/Moratorium

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Significant Exposure to Litigation

Number of Potential Cases: 5 

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Kristin Bennett

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...