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 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

May 19, 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.                  Proclaim the week of May 18, 2009 as National Public Works Week.

2.                  Recognize Monache High School instructor Tony Grande and his students Lauren Hurt and Christian Gomez for their efforts in creating a redesigned, more functional and user friendly website for the Tulare County Library.

3.                  Presentation on the Alliance Program with Office Depot and other Government entities.

4.                  Presentation given by Imagine U on the progress of their new Children's Museum.

5.                  Public Comments.

6.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

7.                  PUBLIC HEARING: Request from the Resource Management Agency to receive comments regarding the closeout of Tulare County Community Development Block Grant Nos. 05-STBG-1563, 05-EDBG-1976 and 07-FREZ-2980. Authorize the Chairman of the Board to sign the Final Grantee Performance reports. Authorize the County Administrative Officer to sign the Final Closeout Certification documents. Authorize submittal of all signed closeout documents to the State Department of Housing and Community Development.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 28)

 

 

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

8.                  Approve an agreement with the California Department of Pesticide Regulation to provide Pesticide Use Reports, effective July 1, 2009 through June 30, 2010. Authorize the Chairman to sign the Contractor Certification Clauses.

Board of Supervisors

9.                  Ratify the following Proclamations: Honoring Richard Gist as the Tulare Kiwanis' Farmer of the Year; and Recognizing the Peace Officers' Memorial in Tulare County.

10.             Appoint Joanne Ledbetter to the Tulare County Museum Board, Historical Society Member for a term ending February 13, 2012.

11.             Reappoint Shirley Salas to the Visalia Public Cemetery District for a term ending at Noon on January 7, 2013.

12.             Appoint Derek Williams to the San Joaquin Valley Air Pollution Control District Citizens Advisory Committee as Industry/Agriculture Member for a term ending January 13, 2012.

 

County Administrative Office

13.             Ratify actions taken by the County Administrative Officer during the month of April 2009 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

14.             Introduce and waive the first reading of an Ordinance to add Section 1-03-1230 of Article 5 of Chapter 3 of Part 1 of the Tulare County Ordinance Code pertaining to the establishment of an application fee in the amount of $30.00 for the Assessment Appeals Board. Set the Public Hearing for June 2, 2009 at 9:30 a.m.

Health & Human Services Agency

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

16.             Reaffirm declaration of a local health emergency in Tulare County H1N1 Swine Influenza Outbreak, Resolution No. 2009-0332 adopted May 5, 2009.

17.             Reappoint the following individuals to the Tulare County Child Care Development and Planning Council for terms ending June 30, 2011: Rita Jahnke, Consumer; Melissa Prado, Consumer; Lenor Roman, Discretionary; and Victoria Wright, Child Care Provider. Approve and accept the Identified Child Care Priorities submitted by the Tulare County Child Care Development and Planning Council. Direct the Clerk of the Board to recruit for the listed vacancies per the provisions of the Maddy Act.

18.             Authorization to apply for grant funding in the amount $24,985 from the California Integrated Waste Management Board (CIWMB) LEA EA20 to provide ongoing funding for a portion of an Environmental Health Specialist position in the Solid Waste Permitting and Enforcement Program.

19.             Ratify and approve an amendment to Agreement No. 21583 with RX Relief Pharmacist Specialists to increase the amount of the agreement $30,000 from $180,000 to $210,000, retroactive to July 1, 2008 through June 30, 2009 and to extend the term of the agreement to June 30, 2010 with a maximum amount payable for Fiscal Year 2009/2010 of $180,000 to continue providing temporary qualified licensed Pharmacists and Pharmacy Technicians to assist in staffing at Hillman Health Center Pharmacy during vacancies, vacations, and illnesses. 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 the Central Valley Immunization Information System, Amended and Restated Joint Exercise of Powers Agreement with the Counties of Fresno, Kern, Kings, and Madera to create a regional immunization registry and to establish the Central Valley Immunization Information System, retroactive to January 1, 2009. Find that the Board had authority to enter into the proposed agreement as of January 1, 2009 and that it was in the County's best interest to enter into the agreement on that date. Receive and approve the request from Diane Brown to withdraw as the Alternate Commissioner from the Immunization Registry Commission; and appoint Virginia McCabe, RN, Immunization Coordinator as Tulare County's Alternate Commissioner to the Immunization Registry Commission.

21.             Approve the Contractor Certification Clauses Form with the California Department of Education, Nutrition Services Division to receive the contract for the Summer Food Service Program designed to supplement the National School Lunch Program; and to reimburse Tulare County Environmental Health Services Division for conducting health and sanitation inspections in accordance with State and local environmental health standards of the food service facilities within Tulare County that prepare and serve meals during summer vacation.

Probation

22.             Authorize the submission of a grant application to the California Department of Education for the Equipment Assistance Grant Program funded by the American Recovery and Reinvestment Act of 2009 to improve the infrastructure in the National School Lunch Program.

23.             Authorize the submission of an application to receive and utilize federal grant funds available through the Juvenile Accountability Block Grants Program administered by the Corrections Standards Authority to offset the costs of one (1) full-time Probation Officer III to focus on juvenile gangs and juvenile crime. Agree to provide all matching funds required for said project, and abide by the statutes and regulations governing the JABG Program as well as the terms and conditions of the Grant Agreement.

24.             Approve an amendment to Agreement No. 20861 with Community Services & Employment Training, Inc. to provide direct services to both youth and their families which have been referred to Neighborhood Accountability Boards not to exceed $123,000 for the term July 1, 2009 through June 30, 2010.

Resource Management Agency

25.             Ratify and approve the Contract among Kern County Water Agency and various parties for the Operation of the Cross Valley Canal, and extension and Intertie between Tulare County and Kern County Water Agency (for itself and on behalf of its Improvement District No. 4): Cawelo Water District; Rosedale-Rio Bravo Water Storage District; Rag Gulch Water District; Kern-Tulare Water District; Arvin-Edison Water Storage District; Kern Delta Water District; Fresno County; Hills Valley Irrigation District; Tri-Valley Water District; Pixley Irrigation District; and Lower Tule River Irrigation District. Ratify and approve the Contract among Kern County Water and various parties for the Construction of the Expansion of the Cross Valley Canal between Tulare County and Kern County Water Agency (for itself and on behalf of its Improvement District No. 4): Cawelo Water District; Rosedale-Rio Bravo Water Storage District; Rag Gulch Water District; Kern-Tulare Water District; Arvin-Edison Water Storage District; Kern Delta Water District; Fresno County; Hills Valley Irrigation District; Tri-Valley Water District; Pixley Irrigation District; and Lower Tule River Irrigation District. Ratify and approve the Agreement between the members of the Fresno-Tulare Group of Cross Valley Canal Contractors to jointly represent its respective percentages in various Cross Valley Canal activities between Tulare County and the Lower Tule River Irrigation District, Pixley Irrigation District, Hills Valley Irrigation District, Fresno County, and Tri-Valley Water District. Ratify and approve the Agreement between certain Cross Valley Canal Contractors to jointly engage Legal Counsel in various Cross Valley Canal matters between Tulare County and the Lower Tule River Irrigation District, Pixley Irrigation District, Hills Valley Irrigation District, Tri-Valley Water District and Fresno County. Find that the Board had authority to enter into the four (4) referenced Contracts and Agreements at the time that they were originally proposed and prepared and that it was in the County's best interest to enter into the Contracts and Agreements on those dates.

26.             Approve an agreement with the State of California, acting by and through the Department of Transportation, for the exchange of Federal Transportation project funds amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year 2008/2009. Accept the $100,000 from the State as matching funds.

Sheriff/Coroner

27.             Ratify and approve an amendment to Agreement No. 23051 with the United States Forest Service to provide law enforcement services on National Forest Service land, retroactive to October 1, 2008 through September 30, 2009. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2008, and that it was in the County's best interest to enter into the agreement on that date.

28.             Ratify and approve an amendment to Agreement No. 23119 with the United States Army Corps of Engineers for law enforcement services at Kaweah Lake Recreation Area, retroactive to May 1, 2009 through September 7, 2009. Find that the Board had the authority to enter into the proposed agreement as of May 1, 2009, 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

 

29.             Request from County Administrative Office - Capital Projects to deny the bid protest from Fryer Roofing for the Government Plaza Roofing Project. Award the contract to the lowest responsible bidder, Tri-Counties Roofing Company, Inc., 322 N. Bridge Street, Visalia, CA in the amount of $233,691. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification and contract, subject to review and approval as to form by County Counsel.

30.             Request from Health and Human Services Agency to establish an Independent Compliance Committee and approve the composition of the Committee as identified to oversee the appeals process on response time performance, make recommendations to the Board of Supervisors regarding allocation of liquidated damages, and advise the Board of Supervisors on matters relating to the performance under the provider agreements for Emergency Medical Services in Tulare County.

31.             Receive a presentation regarding the success and continued operations of the Transitional Age Youth (TAY) Housing program.

32.             Request from Resource Management Agency to receive a report on the current status of the Tulare County 2009 Housing Element Update (General Plan Amendment No. GPA 09-002).

(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: 3

Next Item(s) Sitting as...

ITEM B

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 C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 4

Proposed Tulare County General Plan 2030 Update and Draft Environmental Impact Report

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: 1

Bid protest and possible awarding of Government Plaza Roofing Contract. Board of Supervisors Agenda, May 19, 2009.

Next Item(s) Sitting as...

ITEM E

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 F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: Unknown

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Paula Salyer v. County of Tulare

Workers' Compensation Appeals Board Number FRE-0217179

Next Item(s) Sitting as...

ITEM H

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 I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9(a)]

Name of Case: County of Tulare v. Judicial Council of California, et al

Sacramento County Superior Court Case Number 07AS00376

Third District Court of Appeals Case Number C060856

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...

Sitting as the Tulare County IHSS Public Authority Board

ITEM K

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...