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 M. 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 TULARE COUNTY REDEVELOPMENT AGENCY AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

July 28, 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.                  Public Comments.

2.                  Board of Supervisors matters.


ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the Resource Management Agency to review and approve an Amendment to the Traver Redevelopment Project Area 2005-2009 adopted Implementation Plan by making additions, deletions or modifications to the Goals, Objectives and Specific Projects for the Elimination of Blight in the Traver Project Area.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 30)

 

 

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.

 

 

 

Assessor/Clerk-Recorder

4.                  Approve the Fixed Asset purchase of a Kodak Prostar Archive Processor at a cost not exceed $24,500 to replace aged equipment that supports business commerce. Approve the necessary budget adjustments. (4/5ths vote)

Board of Supervisors

5.                  Appoint Elissa M. Padilla to the Community Health Center Board as the Mental Health Agency Representative for a term ending April 18, 2010.

6.                  Reappoint Walt Stammer to the Public Facilities Corporation for a term ending July 1, 2013.

Child Support Services

7.                  Approve the Proclamation to recognize and acknowledge the month of August 2009 as Child Support Awareness Month. Approve employee recognition activities during Child Support Awareness Month for their efforts to be the best in obtaining support.

 

County Counsel

8.                  Introduce and waive the first reading of an Ordinance amending Subpart (4) of Subsection (c) of Section 6-03-1020, Subsection (e) of Section 6-03-1020, Subsection (a) of Section 6-03-1030, Section 6-03-1040, Section 6-03-1050, Subsection (i) of Section 6-03-1090, and Section 6-03-1150 of, and adding Section 6-03-1041 to Chapter 3 of Part VI of the Ordinance Code of Tulare County pertaining to the investigation, license and permit requirements, and enforcement provisions applicable to adult oriented businesses and performers. Approve and direct the Clerk of the Board to publish a summary of the Ordinance before the second reading of the Ordinance as required by law.

9.                  Introduce and waive the first reading of an Ordinance amending Section 145 of the General Provisions, Subpart (5) of Subsection (c) of Section 1-23-1020 of Chapter 23 of Part I, Sections 6-01-1070, 6-01-3000, 6-01-4020, 6-01-5000, and Subsection (a) of Section 6-01-4050, adding Subpart 5 to Subsection (a) of Section 6-01-2020, and repealing Section 6-01-3010 of Chapter 1 of Part VI of the Ordinance Code of Tulare County, pertaining to the definitions in the General Provisions of the Ordinance Code of Tulare County, to the authority for the business license collector to assess civil fines and penalties, and to the general provisions regarding the licensing and regulation of business operations as to investigating officers and the prerequisites for applications, application and appeal fees, and grounds for consideration of license suspension. Approve and direct the Clerk of the Board to publish a summary of the ordinance before the second reading of the ordinance as required by law.

District Attorney

10.             Direct the Auditor-Controller to establish the Federal JAG Recovery Act Trust Fund 451. Authorize the deposit of Recovery Act: Edward Byrne Memorial Justice Assistance Grant funding in the amount of $1,170,789 into the newly established Federal JAG Recovery Act Trust Fund 451 for the sole purpose of supporting this grant program.

11.             Ratify and approve an amendment to Agreement No. 23220 with the Visalia Police Department in the amount of $90,060 for one (1) Prosecutor Assistant and one (1) Investigative Technician for the District Attorney's Office stationed at the Visalia Police Department, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

12.             Ratify and approve an amendment to Agreement No. 23165 with the State Department of Alcohol and Drug Programs, for combined Drug/Medi-Cal and Net Negotiated Funds for the purposes of substance abuse treatment and prevention programs including adult residential, youth and adult outpatient, and perinatal residential activities throughout the County, 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.

13.             Ratify and approve an amendment to Agreement No. 23235 with Family Services of Tulare County, Inc. to provide a community-based Family Preservation, Family Support, and Family Reunification Program, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

14.             Ratify and approve an amendment to Agreement No. 23346 with Sterling Security Service to increase the maximum amount of the agreement by $749,492 from $892,191 to $1,641,683 to provide security guard services, 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.

15.             Authorize the Tulare County Auditor to issue payment on behalf of the Tulare County Health and Human Services Agency (HHSA), Department of Mental Health to the Housing Authority of Tulare County for the enhancement of the Transitional Living Center (TLC) and Community Living Center (CLC) to include a Wellness and Recovery Center in the amount not to exceed $300,000.

16.             Approve and authorize the Personnel Resolution regarding reorganization of the Health & Human Services Agency department structure amending the proposed Fiscal Year 2009/2010 position allocation to delete additional positions as follows: (1) Community Health Technician, (1) Clerk II, (2) Office Assistants II, (1) Self Sufficiency Counselor III, (1) Occupational Therapist, (2) Public Health Nurse II's, (1) Staff Services Analyst II, (1) Health Education Assistant, (1) Health Education Specialist, (2) Mental Health Case Manager II's, (1) Office Assistant III, (2) Prevention Services Coordinators II's, (2) Social Services Workers II, and (1) Veterinary Tech-Registered. In addition, to add (3) Nutrition Assistants II, (1) Self Sufficiency Support Supervisor, (1) Mental Health Case Manager IV, and (2) Office Assistant IV's.

Human Resources & Development

17.             Ratify and approve the Memorandum of Understanding with the United Automobile, Agricultural and Aerospace Workers (Bargaining Unit #2), retroactive to July 1, 2009 through July 31, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Probation

18.             Authorize the acceptance of grant funding in the amount of $4,710 from the California Department of Education for the Equipment Assistance Grant Program to improve the infrastructure in the National School Lunch Program. Approve the necessary budget adjustments. (4/5ths vote)

19.             Ratify and approve an amendment to Agreement No. 23448 with the City of Visalia for services provided by the Juvenile Work Program, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed amendment to agreement as of July 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

20.             Ratify and approve an amendment to Agreement No. 21672 with Cutler-Orosi Unified School District and Agreement No. 21656 with the City of Dinuba to provide the services of Probation Officers for the continued operation of the Delinquency Prevention Program, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed amendment to the agreements as of July 1, 2009, and that it was in the County's best interest to enter into the agreements on that date.

Resource Management Agency

21.             Approve an amendment to Agreement No. 20156 with Visalia/Noble Associates, LLC for property located at 4031 W. Noble in the City of Visalia to segregate the area leased by Health and Human Services Agency into a separate agreement.

22.             Approve an amendment to Agreement No. 22840 with David G. Hyde, Shelley Hyde Mann, Hyde Children Family Partnership II, a California Limited Partnership, David G. Hyde, Trustee, Ashleigh Mann Trust and David G. Hyde, Trustee, Lauren Mann Trust pertaining to the lease of real property located at 3530 West Mineral King Avenue, Suite E, in the City of Visalia, to extend the term of the agreement for three (3) years, with two (2), one (1) year options, commencing on August 9, 2009.

23.             Ratify and approve the 2009/2010 Transit Agreement with the Kings/Tulare Area Agency on Aging to provide transit service to County residents, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009, and that it was in the County's best interest to enter into the agreement as of that date.

24.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Betty Jane Bodine, Trustee of the Betty Jane Bodine Revocable Trust for the Road 108 Widening Project in the amount of $5,600. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances 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 $6,400 in favor of Stewart Title Company.

25.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Ronald H. Schmidt and Mary Lou Schmidt, as trustees of the Schmidt Family Revocable Trust, for the Road 108 Widening Project in the amount of $22,500. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances 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 $23,300 in favor of Stewart Title Company.

 

 

26.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Kerry Vander Poel for the Road 108 Widening Project in the amount of $500. Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances 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 $500 in favor of Stewart Title Company.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

27.             Ratify and approve an amendment to Agreement RA-152 with Community Services and Employment Training, Inc. for the inclusion of additional equipment and lease rates, retroactive to June 22, 2008 through July 22, 2012. Find that the Board of Directors had authority to enter into the proposed amendment as of June 22, 2008, and it was in the County's best interest to enter into the agreement on that date.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

CONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

28.             Ratify and approve an amendment to Agreement No. 23813 with Kings County Sheriff's Department to extend the term of the agreement through December 31, 2009 for participation in the Regional Anti-Gang Intelligence-Led Policing Program, retroactive to May 1, 2008 through December 31, 2009. Find that the Board had authority to enter into the proposed amendment as May 1, 2008, and it was in the County's best interest to enter into the Agreement on that date.

29.             Ratify and approve the Memorandum of Understanding between the Tulare County Sheriff's Department and the United States Marshals Service, Eastern District of California, to establish fugitive apprehension task forces consisting of federal, state and local law enforcement authorities for the purpose of locating and apprehending fugitives. 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.

30.             Ratify and approve an amendment to Memorandum of Understanding No. 22231 with Superior Court of California to provide basic security services, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had the authority to enter into the proposed agreement as of July 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

 

31.             INFORMATION ONLY: Bid Opening results for the Phase 1 - Mooney Grove Park Bike and Trail Project.

Contractor

 

Bid Amount

Gary Interrante Construction

 

$194,000.00

Victory Engineers Inc.

 

$198,560.00

Kaweah Construction Company

 

$217,499.00

Webb & Son

 

$223,000.00

Steve Dovali Construction

 

$229,660.00

Emmett's Excavation, Inc.

 

$234,183.00

Housley Demolition Excavation

 

$234,494.00

Agee Construction Corporation

 

$241,680.00

Dunn's Sand, Inc.

 

$246,500.00

Lee's Paving, Inc.

 

$249,249.00

Lockwood General Engineering, Inc.

 

$278,200.00

DL Construction

 

$291,400.00

Rising Sun Company

 

$317,000.00

Hofmar Engineering & Construction, Inc.

 

$318,670.60

Vortex Construction

 

$339,503.00

 

 

 

Consultant's Estimate

 

$237,000.00

 

(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

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

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 REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: A 5.9 mile line of railroad between Milepost 71+2969.2 at or near Ducor and Milepost 66.0 at or near Ultra in Tulare County

Agency Negotiator: Jean Rousseau and Kristin Bennett

Negotiating Parties: Tulare Valley Railroad Company (TVR)

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 10827 Avenue 272, Visalia, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Mr. and Mrs. Thomas Avalos

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Abel Villagran v. County of Tulare, et al

Tulare County Superior Court Case Number 08-229399

Next Item(s) Sitting as...

ITEM F

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 G

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...