MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

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) 636-5000

FAX (559) 733-6898


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

March 31, 2009

 

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.                  Recognize Cheryl Cheek upon her retirement for 36 years of County service.

2.                  Presentation given by the Tulare County Sheriff's Department regarding the Central Valley Explorer Competition.

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.

 

 

 

Agricultural Commissioner/Sealer

5.                  Ratify and approve an agreement with the California Crop Improvement Association to provide supervision of seed certification, retroactive to April 1, 2008 through March 31, 2009. Find that the Board had authority to enter into the proposed agreement as of April 1, 2008, and that it was in the County's best interest to enter into the agreement on that date.

Auditor-Controller/Registrar of Voters

6.                  Approve consolidating the District and Municipal Elections with the Statewide Special Election and any other election which may be held within the jurisdiction of said Districts and Municipalities on Tuesday, May 19, 2009. Authorize the Election Official to perform all necessary and required services to the Districts relating to the conduct of the Special District and Municipal Elections. Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the Election Official and District.

County Administrative Office

7.                  Approve the bid documents for the Government Plaza Roofing Project. Authorize the Advertisement of Bids and establish the Bid Opening for Wednesday, May 6, 2009 at 2:00 p.m.

8.                  Approve an amendment to Agreement No. 22970 with Jay W. Powell to cancel the Cost of Living Adjustment (COLA) scheduled to take effect July 1, 2009 for Conflict Public Defender services.

Health & Human Services Agency

9.                  Authorize the submittal of the application to the California Emergency Management Agency for the Fiscal Year 2009 Emergency Management Performance Grant in the amount of $130,803 to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all hazards.

10.             Authorize the submittal of a grant application to First 5 Tulare County to apply for the Fiscal Year 2009/2010 and 2010/2011 grant of $158,946 to implement the Pediatric Injury Prevention Planning Project to develop a Countywide tool for data collection of Pediatric unintentional injuries for children ages 0-5, with the goal of reducing childhood injury in Tulare County.

11.             Approve the establishment of a fixed asset line for the purchase of a Nilton XL XRF Lead Paint Analyzer in the amount of $22,000. Approve the increase of $77,251 from $204,801 to $282,052 for the Fiscal Year 2008/2009 budget. Approve the necessary budget adjustments. (4/5ths vote)

12.             Authorize the Tulare County Auditor to establish an interest bearing Trust Fund for the deposit of liquidated damages received from contracted emergency ambulance service providers that fail to meet minimum performance requirements under their agreement. Authorize expenditures to be allocated from the established interest bearing Trust Fund for Emergency Medical Services related expenses or enhancements.

13.             Ratify and approve the amendment to the associated Memorandums of Understanding (MOU) with the California Department of Public Health, Office of AIDS, for the HIV/AIDS Master Agreement No. 23265 (State Contract No. 07-65093) to provide HIV/AIDS related programs and services, retroactive to July 1, 2008 through June 30, 2010. Approve the necessary budget adjustments. (4/5ths vote). Find that the Board had authority to enter into the proposed agreement and associated Memorandums of Understanding as of July 1, 2008 and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

14.             Ratify and approve the Side Letter of Agreement with the Tulare County Professional Firefighter's Association signed by the County on March 2, 2009 changing salary anniversary dates and authorizing retroactive pay for Unit #23 employees that commenced employment at wage step 1 with the Fire Department on or about May 27, 2007. Find that the Board had authority to enter into the proposed agreement as of March 2, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Library

15.             Authorize the submittal of an application to the American Library Association to apply for grant funds in the amount of $5,000 to be used to purchase literacy-based games and learning tools for the Homework Center at the Visalia Branch Library.

Probation

16.             Approve the fixed-asset purchase of a Probation Drug-Detection Trained Canine in the amount of $9,600 plus $4,200 for accredited training. Approve the necessary budget adjustments. (4/5ths vote)

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDVELOPMENT AGENCY

 

 

 

 

Resource Management Agency

17.             Authorize the submittal of a 2009 California Department of Transportation (Caltrans) Environmental Justice: Context-Sensitive Planning Grant Application for $190,000 to perform a Safety and Community Study in Earlimart. Authorize the Chairman of the Board of Directors to act on behalf of the Redevelopment Agency, to execute in the name of the Tulare County Redevelopment Agency, the Standard Agreement and all other documents required by Caltrans, subject to County Counsel review and approval. Authorize the commitment and expenditure of Tulare County Redevelopment Agency funds in the amount of $20,000 from the Earlimart Redevelopment Project Area, to be used as local match for the grant application. Find that leveraging financial resources for community improvements: (a) is consistent with the adopted Redevelopment Plan for Earlimart; (b) implements the affected redevelopment plan by assisting in the eradication of physical blight caused by deteriorated streets, a lack of lighting and the eradication of economic blight caused by a lack of opportunities; (c) is consistent with the current Implementation Plan adopted in December 2008, 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 are no other reasonable or available means of financing the local match for the proposed activities, and that the County does not have funding available for these purposes.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

18.             Presentation given by the Community Disaster Partners Task Force regarding findings on the current and potential future impacts the economic and budget crisis may have on our community.

19.             Approve the funding awards for the Step Up Service Learning Grant Program as recommended by the Tulare County Youth Commission of $5,000 for each Supervisorial District to be awarded to the following high schools to perform a service learning project with students from schools: JJ Cairns High School, District One; Tech Prep High School, District Two; La Sierra Military Academy, District Three; Orosi High School, District Four; and Citrus High School, District Five. Authorize the Chairman to sign grant agreements, subject to review and approval as to form by County Counsel.

20.             Request from Health and Human Services Agency to authorize Human Resources and Development to initiate the County's layoff process affecting the Human Services Department, Area Agency on Aging Program; issue notices of layoff; and meet and confer with the affected unions. Approve the Personnel Resolution.

 

 

21.             Request from Resource Management Agency to direct staff to reduce and consolidate code compliance services within the Resource Management Agency Building Inspection Division. Direct Resource Management Agency and Human Resources and Development to initiate the County's layoff process affecting Code Compliance, Building Inspection and Planning Divisions; the issuance of notices of layoff; and meeting and conferring with the affected unions. Authorize RMA and HR&D to continue with the layoff process and approve the Personnel Resolution.

22.             INFORMATION ONLY: Bid opening results for the Tulare County Job Order Contract 003 for construction services.

(Closed Session)

 

Normal Time

Other Than Normal

Composite

Contractor

Adjustment Factor

Time Adjustment Factor

Adjustment Factor*

Velis Engineering, Inc.

1.0000

1.0200

1.0040

Torres Construction

1.0200

1.0500

1.2773

Souza Construction Inc.

1.2685

1.3125

1.2773

 

 

 

 

*Composite Adjustment Factor = Factor 1 x .80 = Factor 2 x .20

 

 

 

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).)

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

Tulare County Superior Court Case Number 09-23127

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Li, James v. Michael Sheltzer

United States District Court Case Number 1:07-CV-01039 LJO-GSA

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: County of Sacramento v. State of California, et al

County of Sacramento Superior Court Case Number 34-2009-80000164-CU-WM-GDS

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Service Employees International Union Local 521 v. County of Tulare

Unfair Practice Charge Number SA-CE-559-M

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: County of Tulare v. Service Employees International Union Local 521

Unfair Practice Charge Number SA-CO-73-M

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...