MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

CONNIE CONWAY - Chairman

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


August 26, 2008

 

9:00 AM. 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. Presentation of Plaque to Margaret Johnston for her 39 years of service to the County of Tulare.

2.                  9:00 a.m. Presentation by Health and Human Services Agency regarding "Technology for Better Service".


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal filed by Rodney and Nancy Goertzen, Don and Carol Serpa, Batazar and Beverly Burgos, Larry and Janet McLaughlin, Ken and Hazel Bancroft, Ronn and Charlotte Couillard, Michael Estrada, John and Barbara Hull and Don Nepinsky, and uphold the decision granted by the Zoning Administrator approving a modified Special Use Permit PSP 07-153 (ZA) for a third residence on the property located at 33003 Road 132 on the east side of Road 132, approximately 0.25 miles north of Avenue 328, north of the City of Visalia.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 48)

 

 

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.                  Ratify and approve an agreement with the California Department of Food and Agriculture for providing services in support of the eradication of Japanese Dodder within the County of Tulare, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date. Authorize the Chairman to sign the Contractor Certification Clauses Form.

5.                  Ratify and approve an agreement with the California Department of Food and Agriculture for disbursement of funds to the County for costs incurred in the enforcement of the California Organic Foods Act, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date. Authorize the Chairman to sign the Contractor Certification Clauses Form.

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

6.                  Approve the Treasurer-Tax Collector's recommendation to designate Union Bank of California located at 2001 Saturn Street, in Monterey Park, California ("Lockbox") as an additional location for processing tax payments mailed to the County. Order that tax payments may be collected at the Lockbox post office box. Approve an amendment to Agreement No. 21833 with Union Bank of California to extend the term of the agreement to November 30, 2013 for providing banking services to Tulare County.


 

7.                  Introduce and waive the first reading of an ordinance amending sections 1-05-1350, 1-05-1355, 1-05-1360, 1-05-1365, 1-05-1375, 1-05-1380, 1-05-1385, 1-05-1410, 1-05-1420, 1-05-1425, 1-05-1430, 1-05-1435, 1-05-1440, 1-05-1445, and 1-05-1450 of Part I, Chapter 5, Article 11 of the Tulare County Ordinance Code, pertaining to the addition of an exemption for government personnel on official business, clarifying the recordkeeping responsibilities of operators, revising enforcement and collection process, authorizing subpoena of records, clarifying the deficiency determination process, and broadening misdemeanor liability. Direct the Clerk of the Board to publish the ordinance summary and post a full copy of the proposed ordinance in the Office of the Clerk of the Board.

Board of Supervisors

8.                  Ratify a Proclamation recognizing the Grand Opening of the Harmony Charter Academy.

9.                  Appoint Marlene Sario to fill a District 2 Seat on the Youth Commission for a term ending June 24, 2011.

10.             Approve and sign a letter of support for Assembly Bill 2065 by Assembly Member Loni Hancock, which would require any person, federal, state or local agency to develop and implement a program designed to prevent the introduction of invasive mussels.

11.             Approve and sign a letter of opposition to Assembly Bill 2175, by Assemblyman John Laird, which would require agricultural water suppliers to implement water use efficiency best management practices by December 31, 2012.

County Counsel

12.             Introduce and waive the first reading of an ordinance amending Sections 1-03-1170, 1-03-1180, 1-03-1185,1-03-1195, 1-03-1215 and 1-03-1225 of Article 5 of Chapter 3 of Part 1 of the Ordinance Code, pertaining to the Assessment Appeals Board. Direct the Clerk of the Board to publish and post a summary of the ordinance before the second reading as required by law.

County Administrative Office

13.             Approve the Main Jail FM 200 Fire Suppression System as a Job Order Contract in the amount of $133,339.30. Authorize the Purchasing Agent to execute all necessary documents.

Health & Human Services Agency

14.             Reaffirm declaration of state of emergency in the Tulare County Drought Resolution No. 2008-0472 adopted June 24, 2008.

15.             Ratify and approve an agreement with Porterville Unified School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

16.             Ratify and approve an agreement with College of The Sequoias for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 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 Traver Joint Elementary School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 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 Parenting Network for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 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 Pixley Union School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

20.             Ratify and approve an agreement with Monson-Sultana Joint Elementary School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

21.             Ratify and approve an agreement with Tulare County Superintendent of Schools for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

22.             Ratify and approve an agreement with Woodlake Family Resource Center for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

23.             Ratify and approve an agreement with Burton Elementary School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

24.             Ratify and approve an agreement with Tulare City School District for Tulare County Health and Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

25.             Appoint Diane Brown, RN, PHN, Supervising Nurse, as Tulare County's representative member to the Central Valley Immunization Registry Commission.

26.             Ratify and approve an agreement with the State Department of Mental Health for the mandated County Performance Contract to ensure that mental health services are delivered, 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.

27.             Approve changes to the Tulare County Health and Human Services Agency Fiscal Year 2008/2009 budget, to increase the Women, Infants, and Children (WIC) budget by $292,792 from $4,103,399 to $4,396,191. Approve the necessary budget adjustments per the attached AUD 308 (4/5ths vote).

28.             Approve an agreement with California State University, Fresno for an Internship Training Program to allow students to enroll in an intern training program with the Tulare County Health and Human Services Agency, Public Guardian Office through April 30, 2013.

29.             Ratify and approve an amendment to Agreement No. 21708 with Tulare Youth Services Bureau, Inc. to provide mental health services to Tulare County adolescents and children, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

30.             Ratify and approve an amendment to Agreement No. 19959 with Kaweah Delta Health Care District for the provision of mental health services from Kaweah Delta Mental Health Hospital and to increase the all-inclusive rate per patient day for acute psychiatric inpatient hospital services, retroactive to July 1, 2007. 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.


 

31.             Approve the receipt of $148,518 in grant funds provided by the Blue Shield of California Foundation, for the Premium Subsidies for the Healthy Kids 6-18 grant. Ratify and approve an agreement with Blue Shield of California Foundation, retroactive to June 1, 2008 through April 1, 2009. Find that the Board had authority to enter into the proposed agreement as of June 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

32.             Ratify and approve the Memorandum of Understanding between the County of Tulare and the District Attorney Criminal Investigators Association (Bargaining Unit #22), retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed agreement as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

33.             Adopt new job classifications and salary grades as proposed for positions within the Information Technology Department as follows:

Class Title

Salary Grade

Information Technology Business Analyst I, II, III

307, 308, 310

Information Technology Computer Operator I, II

302, 189

Information Technology Database Administrator I, II

313, 322

Information Technology Data Center Administrator

227

Information Technology Deputy Director

Band 5

Information Technology Desktop Technician I, II, III

303, 305, 306

Information Technology Documentation Specialist I, II, III

307, 308, 309

Information Technology Logistics Planner I, II, III

301, 287, 238

Information Technology Logistics Technician I, II

162, 179

Information Technology Network Administrator I,II, III

312, 313, 318

Information Technology Project Lead

310

Information Technology Security Administrator I, II

312, 313

Information Technology Server Administrator I, II, III

311, 227, 243

Information Technology Senior Systems Programmer

772

Information Technology Systems & Procedures Analyst I, II

287, 227

Information Technology Manager (update to spec)

 

 

Information Technology

34.             Approve the expansion of the Tulare County Document Imaging System through the purchase of additional software licenses, services and training from Questys Solutions for the estimated one-time price of $90,000, funded by the State through an approved Statewide Automated Welfare System Advanced Planning Document. Approve the purchase of additional hardware and operating system software to support the expanded document imaging system and improve the reliability and performance of the existing system at the estimated price of $60,000 to be funded by the State through an approved Statewide Automated Welfare System Advanced Planning Document.

35.             Approve the Memorandum of Understanding between the California Department of Motor Vehicles and Tulare County to provide the connectivity to the State of California Department of Motor Vehicles data for use by Tulare County departments for accessing records to locate individuals owing monies that Tulare County is responsible for collecting.

36.             Ratify and approve the annual renewal of our licenses with IBM for the operating system on the mainframe running our Property Information Management System in the amount of $215,000 retroactive to July 1, 2008 through June 30, 2009. Find that the Board had the authority to enter into the proposed license renewal with IBM as of July 1, 2008 and that it was in the County's best interest to enter into the license renewal on that date.

Resource Management Agency

37.             Allow PZI 08-002 to proceed as a change of zone from Exclusive Agriculture - 10 acre minimum (AE-10) Zone to Light Manufacturing (M-1) Zone located on the northeastern corner of intersection Avenue 96 and Road 256 east of the Community of Terra Bella.

38.             Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 08-007, from C-2-SR (General Commercial - Site Review Combining) to R-1 (Single Family Residential), on an 8.55 acre portion of a 47.79 acre parcel, located approximately 630 feet north of Compton Avenue, between Airport Street (Road 120) and Ash Street, in the Community of Pixley. Set a Public Hearing for September 9, 2008 at 9:30 a.m.

39.             Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 07-013, from R-A-217 (Rural Residential 217,000 sq. ft. minimum) to M-1-SR (Light Manufacturing-Site Review Combining), on 2.16 acres of a 10.52 acre site, located at 81 East Gibbons Avenue, at the southeast corner of South Main Street and Gibbons Avenue (Avenue 138), south of Porterville. Set a Public Hearing for September 9, 2008 at 9:30 a.m.

40.             Approve and award a contract to the lowest responsive and responsible bidder, W. Jaxon Baker, Inc., of Redding, CA, in the amount of $2,592,353.70 for construction of Rubberized Asphalt Concrete Overlay on Avenue 256 & Asphalt Concrete Overlay on Road 168. Authorize the Chairman to sign the contract after 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. Allow funds for a contingency in the amount of $259,000 (10%) to cover unexpected construction conditions.

41.             Initiate proceedings to form Assessment District No. 08-799R-POPLAR to pay for the continuing cost of maintenance of the public streets and roadways within Subdivision Tract No. 799 located in the Community of Poplar. Designate the County Engineer as the Engineer for the purpose of these proceedings. Direct the County Engineer to prepare and file a report with the Clerk of the Board.

42.             Initiate proceedings to form Assessment District No. 08-799-POPLAR to pay for the continuing cost of maintaining the storm drainage system improvements located within Subdivision Tract No. 799 in the Community of Poplar. Designate the County Engineer as the Engineer for the purpose of these proceedings. Direct the County Engineer to prepare and file a report with the Clerk of the Board.

43.             Declare intent to vacate that portion of Avenue 332 being the south 20 feet of the northwest quarter of Section 1, Township 18 South, Range 26 East lying east of the Friant-Kern Canal, excepting the easterly 20 feet. Set a public hearing for September 23, 2008 at 9:30 A.M. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the intent to vacate the aforementioned portion of Avenue 332. Direct the Resource Management Agency to publish the notice of public hearing in accordance with the Streets and Highways Code.

44.             Allow PZI 08-003 to proceed as a change of zone on Assessor's Parcel Numbers 119-130-021, 119-140-077 and 119-140-078 from Exclusive Agriculture - 40 acre minimum (AE-40) Zone to Exclusive Agriculture - 20 acre minimum (AE-20) Zone. The subject parcels are located approximately one mile southwest of the City of Visalia on the south side of Avenue 272 directly east and adjacent to State Highway 99.

45.             Approve a lease-purchase agreement with Union Bank of California effective August 26, 2008 for a period of 60 months for replacement of a Micropress system. Authorize the Chairman to sign the Acceptance Certificate with Union Bank of California. Approve an agreement with Stanton Office Machines effective August 26, 2008 for a period of 60 months for service and maintenance of Micropress software and four Bizhub print engines. Authorize the Chairman to sign Addendum "A" list with Stanton Office Machines.

46.             Authorize the Resource Management Agency Director to send a Notification of Termination Letter to URS Corporation regarding Tulare County Agreement No. 23117 for Project Management and Peer Review Consulting Services. Terminate the agreement effective September 26, 2008.

Sheriff/Coroner

47.             Ratify and approve the attached amendment to Agreement No. 23280 between the County and the Visalia Unified School District regarding a School Resource Officer at Charter Alternative Academy, retroactive to August 14, 2008 through August 13, 2009. Find that the Board had authority to enter into the proposed Amendment on August 14, 2008, and that it was in the County's best interest to enter into the Amendment on that date.

48.             Accept the Grant Award for $149,748 from the U.S. Department of Justice for Year 2 operation of the Cutler-Orosi Weed & Seed program, covering the period from October 1, 2008, through September 30, 2009.

(Items Not Timed)


ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

49.             Request from Auditor-Controller to approve the rate of taxation of the State and County for Fiscal Year 2008/2009 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assessed valuation. Approve the tax rates as shown on the County of Tulare County Wide Tax Rates 2008/2009 (Schedule A) be levied. Direct that they be collected upon cash $100 valuation of the taxable property of the unitary and operating non-unitary property of the County of Tulare, State of California, as computed pursuant to the provision of law. Approve the tax rates as shown on the County of Tulare Special Tax Rates - Schools 2008/2009 (Schedule B) be levied. Direct that they be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount to pay the principal and interest on the bonds and for special purpose of said school districts. Approve the Special District Tax Rates shown on the County of Tulare Special Tax Rates - Special Districts 2008/2009 (Schedule C) be levied. Direct that they be collected upon each $100 valuation of the taxable property of the various districts included on the schedule of Special Districts. Approve and accept the Statement of the Valuation of the Property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector and filed with this Board.

50.             Request from County Administrative Office to consider, modify as needed, and approve the responses to the Tulare County Grand Jury 2007/2008 Reports and authorize the Chairman to sign for the following reports: Alpaugh's Measure R; Boards and Commissions in Tulare County; In-Home Supportive Services in Tulare County; Porterville Public Cemetery; Tulare County Animal Shelter; Tulare County Civic Center Parking; and, Upkeep of Tulare County Cemeteries.

51.             Request from County Administrative Office to adopt an Administrative Regulation regarding County Property Management Space Leasing Guidelines.

52.             Public Comments.

53.             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 - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Termination of the URS Agreement (Tulare County Agreement 23117). See Agenda Item August 26, 2008.

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: City of Dinuba, et al v. County of Tulare, et al.

Tulare County Superior Court Case Number 03-205854

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: David Gonzalez; Erin Ormonde; Stevan Rosenlind v. Tulare County, Tulare County Sheriff's Deputy G. Marks, et al

United States District Court Eastern District of California Case Number 1:07-CV-00949-OWW-NEW

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 16

Appeal of Zoning Administrator's Approval of Special Use Permit Number PSP-07-153 (ZA). Montemayer/Road 132, North of Visalia. Board of Supervisors Agenda Item, August 26, 2008.

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM F

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 G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9(c).)

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8).

Property: a 30.57 mile line of railroad between Strathmore, CA milepost 268.60 and Jovista, CA milepost 299.17 in Tulare County

Agency Negotiator: Henry Hash

Negotiating Parties: San Joaquin Valley Railroad Company and Union Pacific Railroad Company

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

County Administrative Officer

(Government Code Section 54957).

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LABOR NEGOTIATOR

(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