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 AND

THE TULARE COUNTY REDEVELOPMENT AGENCY,

 

 

March 25, 2008

 

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)


 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

1.                  PUBLIC HEARING:  Request from the Resource Management Agency to receive comments regarding the close-out of Grant No. 05-PTAA-1472 and to receive comments regarding transfer of Community Development Block Grant (CDBG) funds.  Authorize the County Administrative Officer to sign the final close-out certification documents and accept the final products.  Authorize submittal of all signed close-out documents to the State Department of Housing and Community Development.  Authorize the transfer of $35,519 from CDBG Grant No. 03-EDBG-909 to CDBG Grant No. 05-STBG-1563.

2.                  PUBLIC HEARING:   Request from the Resource Management Agency to authorize submittal of a 2008 Community Development Block Grant (CDBG) General Allocation Application and provide citizens the opportunity to comment on the expenditure of CDBG Program Income funds.  Authorize submittal of the CDBG application for $1,500,000 in funding to be distributed as follows:  Housing Rehabilitation Program ($334,125); Housing Rehabilitation Activity Delivery ($78,375); Richgrove Public Improvement Project ($726,000); Richgrove Activity Delivery ($99,000); 10% Set-aside Public Service Project ($150,000); and General Administration ($112,500).  Authorize commitment of local leverage for these activities as follows:  Tulare County Redevelopment Agency ($500,000); Building Permit Fee Waivers ($12,000); and Staff In-Kind ($10,500).  Authorize the transfer of $100,000 in CDBG Program Income funds out of the Housing Revolving Loan Account and commit those funds as local leverage to the Richgrove Green Alley Project.  Authorize the waiver of building permit fees in the amount of $12,000 which is consistent with the County's Adopted Housing Element Objective 2.13.  Adopt CDBG Housing Rehabilitation Participation Guidelines.  Authorize the Chairman of the Board of Supervisors to sign the completed application and accompanying documents on behalf of the County.  Authorize the County Administrative Officer to act on the County's behalf in all other matters pertaining to the application.  Authorize the Chairman of the Board to act on behalf of the County, to execute in the name of the County of Tulare, the Standard Agreement with the State of California, subject to County Counsel review and approval, and so long as said agreement does not substantially differ from prior similar grant agreements previously approved by the Board.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

3.                  Request from Resource Management Agency to authorize the commitment and expenditure of Tulare County Redevelopment Agency funds in the amount of $500,000 from the following sources: Earlimart ($70,000); Goshen ($200,000); Ivanhoe ($30,000); and Richgrove ($200,000) to be used as local leverage for the 2008 Community Development Block Grant General Allocation grant application.  Find that leveraging financial resources for housing rehabilitation and improvement work in these communities: (a) is consistent with the adopted Redevelopment Plans for Earlimart, Goshen, Ivanhoe and Richgrove; (b) implements the affected redevelopment plans by assisting in the eradication of physical blight caused by deteriorated and dilapidated housing units and the eradication of economic blight caused by a lack of opportunities; (c) is consistent with the current Implementation Plans adopted November and December 2004, pursuant to Health and Safety Code §33490, §33131 (a) and (c) and §33133; and (d) will directly benefit low or moderate-income persons.  Find that there is no other reasonable and available means of financing the local leverage for the proposed activities, and that the County does not have available funding for these purposes.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 4 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.

 

 

Agricultural Commissioner/Sealer

4.                  Approve and authorize the Chairman to sign an Application for Federal Assistance, retroactive to December 1, 2007 through November 30, 2008.  Ratify and approve a revision to Agreement No. 23342 with the United States Department of Agriculture for an Area Wide Glassy-winged Sharpshooter Management Program, retroactive to December 1, 2007 through November 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of December 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.  Authorize the Chairman to sign all grant related documents necessary to secure grant funds, subject to approval as to form by County Counsel.  Approve the necessary budget adjustments.  (4/5ths vote)

Board of Supervisors

5.                  Reappoint Bill Horst to the Museum Board as Member of Historical Society for a term ending February 13, 2011.

6.                  Appoint Elisa Rivas to the Community Health Center Board as District 4 - Consumer Representative for a term ending April 18, 2011.

7.                  Appoint William G. Goodale to the Mental Health Board as Consumer - Seat 5 for a term ending December 31, 2009.

County Administrative Office

8.                  Approve an amendment to Agreement No. 22970 with Jay W. Powell for providing Conflict Defender Services.  Authorize the Chairman to sign, subject to review and approval as to form by County Counsel.

9.                  Ratify actions taken by the County Administrative Officer during the month of February 2008.

Health & Human Services Agency

10.             Ratify and approve acceptance of local assistance funding from the California Department of Public Health, Vector Borne Disease for emergency mosquito control or West Nile Virus Surveillance Program in the amount of $35,542, retroactive to October 1, 2007 through December 31, 2007.  Find that the Board had authority to enter into the proposed agreement as of October 1, 2007 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)

11.             Ratify and approve an amendment to Agreement No. 21706 with Tulare County Superintendent of Schools to increase the contract amount by $68,930 to a maximum amount of $368,930 for the Administration of the More Opportunities for Viable Employment Program, 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. 22800 with Turning Point of California, Inc. for the provision of Mental Health Services Act services, to add paragraph 29 entitled "Equipment" to the agreement, retroactive to June 30, 2006 through June 30, 2008.  Find that the Board has authority to enter into the proposed agreement as of June 30, 2006 and that it is in the County's best interest to enter into the agreement on that date.

13.             Ratify and approve an amendment to Agreement No. 22798 with Kings View Corporation for the provision of Mental Health Services Act services, to add paragraph 29 entitled "Equipment" to the agreement, retroactive to July 1, 2007 through June 30, 2008.  Find that the Board has authority to enter into the proposed agreement as of July 1, 2007 and that it is in the County's best interest to enter into the agreement on that date.

14.             Ratify and accept the awarded funds from the California State Department of Alcohol & Drug Programs, Safe and Drug Free Schools & Communities Grant in the amount of $245,000, retroactive to October 1, 2007 through September 30, 2012.  Approve the Personnel Resolution adding one (1) Health Education position.  Approve the necessary budget adjustments.  (4/5ths vote)

Information Technology

15.             Approve the Personnel Resolution deleting one (1) User Support Specialist position and adding one (1) Administrative Services Programmer Analyst I/II to the Information Technology position allocation.

Resource Management Agency

16.             Declare the month of April as Fair Housing Month in the County of Tulare.

17.             Approve a non-binding Agreement with The Energy Coalition that will enable a Demand Response Audit to be conducted to develop a Load Shedding Protocol for the Juvenile Justice Complex and the installation of real-time metering equipment.

 

18.             Authorize and accept the purchase of a Light Attack Fire Truck as a fixed asset in the amount of $166,910 to reside within the Cutler-Orosi Redevelopment Project Area.  Authorize and approve the purchase of a Thermal Imager Camera in the amount of $9,000 as a fixed asset that will be included in the County Fire Department inventory.  Approve the necessary budget adjustments.  (4/5ths vote)

Sheriff/Coroner

19.             Authorize the submission of a grant application to the California Department of Alcoholic Beverage Control to enhance its enforcement of alcoholic beverage laws in the County.

20.             Ratify and approve an agreement with the United States Department of Justice, Drug Enforcement Administration in the amount of $175,000 to provide staffing for the eradication of illicit marijuana, retroactive to January 1, 2008 through December 31, 2008.  Find that the Board had authority to enter into the proposed Agreement as of January 1, 2008, 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

 

21.             Authorize the submittal of a grant application to the Governor's Office of Homeland Security for the Fiscal Year 07 Telephone Emergency Notification System Grant in the amount of $728,840, which will allow counties the capability of notifying its constituents of approaching and imminent disasters via multiple forms of communication devices.  Authorize the Chairman to sign the Grant Assurance Certification Form.

22.             INFORMATION ONLY:  Bid opening results for the Visalia Landfill Phase 2 Expansion.

Wood Brothers, Inc.                                         $8,186,985.10

Gilliam & Sons, Inc.                                          $8,291,351.48

Ford Construction Company, Inc.                   $8,534,956.00

Papich Construction, Inc.                                $8,567,616.00

Teichert Construction                                      $8,614,854.00

Sukut Construction, Inc.                                   $8,630,563.00

Independent Construction Co.                        $8,680,428.60

Emmett’s Excavation, Inc.                               $8,705,450.00          

Lee’s Paving, Inc.                                             $8,783,950.00

Desilva Gates Construction, LP                     $8,794,115.00

Pinnick, Inc.                                                       $8,814,912.00

Whitaker Contractors, Inc.                               $9,441,246.00

Sierra Equipment Rental                                 $9,864,160.00

Menefee Construction                                     $9,898,808.00

 

Engineer’s Estimate                                        $9,794,060.00

 

23.             Public Comments.

24.             Board of Supervisors matters.(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

 

 

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).)

Edward Bodley vs. County of Tulare, Bill Wittman, and D. Linares an Individual

United States District Court Case Number 1:07-CV-00251-OWW-DLB

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)(1).     

Number of Potential Cases:  1

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)(1).

Number of Potential Cases:  1

Next Item(s) Sitting as...

ITEM D

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 E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)(1).

Number of Potential Cases:  1

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...