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,

THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

June 23, 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.                  Service Award Presentations.

DISTRICT 1 - Allen Ishida

 

NAME

DEPARTMENT

SERVICE YEARS

Bruce Kendall

Resource Management Agency

15

Brenda Plum

Ag Commissioner/Sealer

15

William Hayter

Resource Management Agency

20

Rita Woodard

Auditor-Controller's Office

20

Al Heaton

Resource Management Agency

30

Jean Brou

Resource Management Agency

35

 

 

 

DISTRICT 2 - Pete Vander Poel

 

NAME

DEPARTMENT

SERVICE YEARS

Bill Deavours

Ag Commissioner/Sealer

20

Ruth Maciel

Child Support Services Dept

20

Dennis Haines

Ag Commissioner/Sealer

30

Cleopatra Juarez

Child Support Services Dept

30

 

 

 

DISTRICT 3 - Phillip Cox

 

NAME

DEPARTMENT

SERVICE YEARS

Steven Calderon

Resource Management Agency

15

Manuel Garcia Jr

Probation Department

15

Lourdes Hernandez

Health and Human Services Agency

15

Deltra Howard

Assessor-Clerk/Recorder

15

Marilyn Kinoshita

Ag Commissioner/Sealer

15

Julia Langley

County Counsel

15

Gerald Moore

Resource Management Agency

15

Robert Stickler

Resource Management Agency

15

Judy Summers

Probation Department

15

Dane Clark

Probation Department

20

Robert Dempsie

District Attorney's Office

20

Bill Mueting

Public Defender

20

Ron Rezac

County Counsel

20

Greg Scroggins

Probation Department

20

Clinton Sims

County Counsel

20

Johnny Wong

Resource Management Agency

20

Tim Hood

Resource Management Agency

30

Philip Slitor

Resource Management Agency

30

Tricia Wafford

District Attorney's Office

30

Bill Appleby

Ag Commissioner/Sealer

35

 

 

 

DISTRICT 4 - Steven Worthley

 

NAME

DEPARTMENT

SERVICE YEARS

Sandra Mendoza

Child Support Services Dept

15

Maribel Reynosa

District Attorney's Office

20

Rebecca Buckingham

Human Resources & Development

25

Teresa Martin

Auditor-Tax Collector

30

 

 

 

DISTRICT 5 - Mike Ennis

 

NAME

DEPARTMENT

SERVICE YEARS

Steve Noland

Resource Management Agency

20

 

2.                  Public Comments.

3.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Sheriff's Department to charge administrative fees to owners of vehicles towed by the Department.

5.                  PUBLIC HEARING: Request from the Treasurer-Tax Collector to receive comments and adopt a Resolution regarding the discontinuance of the County Teeter Plan that was enacted under California Revenue and Taxation Code 4702 as an alternative method for distribution of property taxes and assessments.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 32)

 

 

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

6.                  Approve an agreement with the California Department of Food & Agriculture for survey and detection of Japanese Dodder, effective July 1, 2009 through June 30, 2010.

Auditor-Controller/Treasurer-Tax Collector

7.                  Approve an amendment to Agreement No. 22900 with SST Benefits Consulting & Insurance Services to renew deferred compensation consulting services for another three years effective July 1, 2009 through June 30, 2012.

Board of Supervisors

8.                  Reappoint Al Biard, District 4 and George J. Ouzounian, District 3 to the Assessment Appeals Board for terms ending September 3, 2012.

 

 

 

District Attorney

9.                  Ratify and approve acceptance of grant funding for the Recovery Act: Edward Byrne Memorial Justice Assistance Grant in the amount of $1,170,789 through the U.S. Department of Justice, Bureau of Justice Assistance, retroactive to March 1, 2009 through February 28, 2013. Find that the Board had authority to enter into the proposed agreement as of March 1, 2009, and that it was in the County's best interest to enter in the agreement on that date. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Authorize the creation of a new organizational unit 001-100-3164. Approve the necessary budget adjustments. (4/5ths vote).

Health & Human Services Agency

10.             Approve an adjustment to Fiscal Year 2008/2009 adopted budget of $554,283 relating to the Maddy Emergency Medical Services Fund by an increase of $387,256 reflecting a total of $941,539. Approve the necessary budget adjustments. (4/5ths vote)

11.             Authorize the Tulare County Purchasing Agent to approve Professional Service Agreements for delivering Child Abuse Prevention Services under the Children's Trust Fund (CTF), Community Based Child Abuse Prevention (CBCAP) and Child Abuse Prevention, Intervention and Treatment (CAPIT) Programs. Approve the recommendations from the Child Abuse Prevention Council for the following funding sources: Community Based Child Abuse Prevention (CBCAP); Child Abuse Prevention, Intervention and Treatment (CAPIT); and Children's Trust Fund (CTF) for Fiscal Years 2009/2010 and 2010/2011.

12.             Approve an amendment to Agreement No. 21708 with Tulare Youth Services Bureau, Inc. to extend the term of the agreement to June 30, 2010 for the provision of mental health services to Tulare County adolescents and children.

13.             Approve an amendment to Agreement No. 23800 with Arieh R. Whisenhunt, M.D. to extend the term of the agreement to June 30, 2010, for providing telepsychiatry services.

14.             Ratify and approve an amendment to Agreement No. 23899 with the California Department of Public Health to increase the maximum amount of the funding for the Women, Infants and Children (WIC) Program by $215,000 from $15,570,000 to $15,785,000, retroactive to October 1, 2008 through September 30, 2011. This agreement is retroactive due to inadvertent delays in obtaining authorized signatures on the agreement. It was impracticable for the Board to take action before October 1, 2008 due to the time needed to process, prepare, and submit the agenda item. The WIC Program helps safeguard the health of low-income pregnant, lactating, and post-partum women and their children up to age 5, who are at nutritional risk, to eat well and stay healthy.

15.             Approve an amendment to Agreement No. 23248 with Golden State Health Centers, Inc. d.b.a. Sylmar Health and Rehabilitation Center to extend the term of the agreement to June 30, 2010 to provide stabilization and long-term maintenance for mentally disabled clients.

16.             Approve an agreement with the Fresno County Economic Opportunities Commission for the provision of Congregate and Homebound meals to seniors through the Kings/Tulare Area Agency on Aging Program from July 1, 2009 through June 30, 2010.

17.             Ratify and approve the receipt of $275,550 in grant funds provided by the Blue Shield of California Foundation, for the Premium Subsidies for the Healthy Kids 6-18 to subsidize health, dental, and vision insurance premiums, retroactive to April 01, 2009 through November 01, 2010. Find that the Board had authority to enter into the proposed agreement as of April 01, 2009 and that it was in the County's best interest to enter into the agreement on that date.

18.             Ratify and approve the renewal agreement with the California Department of Mental Health (DMH), for providing State Hospital Bed Purchase and Usage, retroactive to July 01, 2009 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.

19.             Ratify and approve the application/agreement for the receipt of funding for the California Healthcare for Indigents Program (CHIP) for Fiscal Year 2008/2009, per the Fiscal Year 2008/2009 County Allocation letter dated October 30, 2008, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter into the proposed application/agreement as of July 1, 2008 and that it was in the County's best interest to enter into the application/agreement on that date.

20.             Approve the adjustments for Extra Help salaries for EH Public Health Nurse II, EH Public Health Nurse I, EH Lead Registered Nurse, and EH Licensed Vocational Nurse to current salary amounts for Regular status employees; and authorize future salary adjustments to the Extra Help positions listed to parallel future changes applied to the applicable permanent job classification.

Human Resources & Development

21.             Approve the request to withdraw from participation in the California State Association of Counties Excess Insurance Authority Pooled Health Insurance Benefit Program, effective midnight, December 31, 2009, Plan Year 2010.

Resource Management Agency

22.             Accept the work for construction of Visalia Landfill Phase 2 Expansion as complete by Wood Bros. Incorporated of Lemoore, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

23.             Set a Public Hearing for July 21, 2009 at 9:30 a.m. to consider the intent to vacate a portion of Batti Drive between Stevenson Drive and Balaam Drive in Waukena, generally located in the southwest quarter of Section 32, Township 20 South, Range 23 East, Mount Diablo Base & Meridian. Direct Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways code.

24.             Set a Public Hearing for August 11, 2009 at 9:30 a.m. for consideration of sewer and water user fee adjustments for specific County Service Area Zones of Benefit: El Rancho; Delft Colony; Seville; Tonyville; Tooleville; Traver; Yettem; and Wells Tract sewer systems in addition, the Delft Colony, Yettem and Wells Tract water systems. Approve the Notice of Public Hearing to be published and mailed to affected residents.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

25.             Set a Public Hearing for July 7, 2009 at 9:30 a.m. for placing delinquent Terra Bella Sewer Maintenance District service fee charges on the 2009/2010 Tax Rolls. Approve the Notice of Public Hearing.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

26.             Set a Public Hearing for July 7, 2009 at 9:30 a.m. for placing delinquent Community Service Area No. 1 and Community Service Area No. 2 service fee charges on the 2009/2010 Tax Rolls. Approve the Notice of Public Hearing.

27.             Approve an amendment to Agreement No. 22809 with Shaw Environmental, Inc. to modify the Scope of Work at the Woodville Landfill, increase the contract amount from $414,255 to $678,125 and extend the term of the agreement from July 1, 2009 to December 31, 2017.

28.             Approve an agreement with the City of Dinuba to allow the City of Dinuba to acquire right of way within the County jurisdiction for the Avenue 416/El Monte Way Road Widening and Reconstruction Project. Approve the operations and maintenance agreement with the City of Dinuba for a portion of Avenue 416/El Monte Way between Road 56 to the Road 60 alignment and between Road 64 to Road 72.

29.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Felipe Flores for the Road 80 Widening Project in the amount of $40,000. Authorize County Counsel to sign the Grant Deed and the Temporary Construction Easement acceptances upon presentation. Authorize the Resource Management Agency Director, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $40,800 in favor of Chicago Title Company.

30.             Approve an agreement for Purchase of Real Property from Tomas G. Avalos and Micaela G. Avalos for the Road 108 Widening Project in the amount of $275,000. Approve "Spend to Get" relocation benefits in the amount of: a) up to $1,525 for moving expenses; up to $6,000 for closing costs including loan fees for replacement property; and up to $7,000 for Price Differential Payment. Authorize County Counsel to sign the Grant Deed acceptance upon presentation. Authorize the Resource Management Agency Director, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $277,000 in favor of Stewart Title Company.

 

Sheriff/Coroner

31.             Authorize the Purchasing Agent to conduct an even exchange of police service weapons and accessories with L.C. Action Police Supply.

Workforce Investment Board

32.             Ratify and approve a subgrant agreement with the State of California Employment Development Department in the amount of $3,122,201 for the Workforce Investment Act Youth programs, retroactive to April 1, 2009 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of April 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

 

33.             Presentation given by the Auditor-Controller/Treasurer-Tax Collector regarding the Comprehensive Annual Financial Report and the accomplishments of the Treasurer-Tax Collector's Office in 2008/2009.

(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: 4

Next Item(s) Sitting as...

ITEM B

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 C

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 D

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

Next Item(s) Sitting as...

ITEM E

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 F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: 1055 W. Henderson, Porterville, CA and 1061 W. Henderson, Porterville, CA

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Andy Mangano and Ennis Commercial Properties

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: 303 E. Olive, Porterville, CA

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: PK Sales LLC c/o Kimco Realty

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM H

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 I

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...