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 AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

August 25, 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.


CONSENT CALENDAR (Number 3 through 24)

 

 

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.

 

 

 

Board of Supervisors

3.                  Approve a request to designate the Arts Council of Tulare County as the official arts council in Tulare County through June 30, 2010.

Child Support Services

4.                  Approve the use of alternative work schedules for employees of the Tulare County Department of Child Support Services by closing the offices to the public every Friday commencing October 11, 2009.

Health & Human Services Agency

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

6.                  Ratify and approve an amendment to Agreement No. 21893 with Envision Resources, Inc. to assist in accessing Patient Assistance Programs, retroactive 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.

7.                  Ratify and approve the submittal of a grant application to the Tulare County Mental Health Services Act, Prevention and Early Intervention, Children and Youth in Stressed Families, Maternal Mental Health for the Fiscal Year 2009/2010 and 2010/2011 in the amount of $1,000,000.

Probation

8.                  Ratify and approve the amendments to Agreement No. 21731 with Exeter Union School District; Agreement No. 21680 with Earlimart School District; and Agreement No. 21659 with the City of Visalia 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 amendments to 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

9.                  Award a construction contract for the Sequoia Field Airport Taxiway Rehabilitation Project to RJ Berry Jr. Inc. as the lowest responsive and responsible bidder, in the amount of $1,016,346.60. Authorize the Chairman of the Board to sign the construction contract upon: receipt of certificates of insurance and bonds and evidence that the contractor possesses a valid State Contractor's License; after review and approval as to form by County Counsel; and receipt of a letter from the Federal Aviation Administration authorizing award of a construction contract. Authorize the Tulare County Airport Manager to execute a Grant Agreement with the Federal Aviation Administration to accept grant funds for this project and act in all other matters pertaining to this Grant Agreement.

10.             Ratify and approve an amendment of Joint Exercise of Powers Agreement No. 19844 with the Kaweah Delta Water Conservation District for the purpose of using a portion of Elk Bayou Park as a sinking basin, retroactive to July 1, 2009. 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.

11.             Ratify and approve an agreement with the State of California, Department of Forestry and Fire Protection (CALFIRE) regarding the 50/50 split of cost for trash service at Mt. Home Demonstration State Forest and Balch Park, retroactive to July 1, 2009 to October 31, 2011. 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.

12.             Approve an agreement with Garfield Water District and Styrotek Inc. for the transfer and conveyance of water. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

13.             Approve the Cooperative Agreement with the City of Tulare for the County to acquire right of way in the City of Tulare for the Road 108 widening project.

14.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Steven and Karin Koobatian for the Road 80 Widening Project in the amount of $14,300. 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 $15,800 in favor of Chicago Title Company.

15.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Pedro and Maria Castrejon for the Road 80 Widening Project in the amount of $64,000. Authorize County Counsel to sign the Grant Deed and 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 $66,000 in favor of Chicago Title Company.

 

16.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Kay and Shizuye Hada for the Road 80 Widening Project in the amount of $138,500. Approve "spend to get" items of: Relocation Housing payment of up to $14,900; and Moving expense payment of up to $1,900. 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 $141,000 in favor of Chicago Title Company.

17.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Paul G. Romero and Evelyn Romero for the Road 80 Widening Project in the amount of $95,000. Authorize County Counsel to sign the Grant Deed and the 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 $96,500 in favor of Chicago Title Company.

18.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Walter and Lynda Peacock, for the Road 80 Widening Project in the amount of $275,500. Approve "Spend to Get" relocation benefits in the amount of: up to $3,500 for moving expense, up to $10,000 for replacement housing, and up to $10,000 for closing costs for replacement housing including loan fees. 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 $278,000 in favor of Chicago Title Company.

19.             Approve an agreement for Purchase of Property/Right of Way and Temporary Construction Easement from Charles C. Cornett and Mary K. Cornett for the Road 80 Widening Project in the amount of $471,250. Approve "spend to get" moving expense of $2,150. Authorize County Counsel to sign the Grant Deed and 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 $474,250 in favor of Chicago Title Company.

20.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Betty Jean Goins, Trustee of The Betty Jean Goins 2005 Trust, as to an undivided one-half and Betty J. Goins, as Trustee of the Martial Trust and Bypass Trust created under the Will of Lewis W. Goins, deceased, as to an undivided interest by final distribution recorded October 27, 2005 for the Road 108 Widening Project in the amount of $53,500. 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, sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $55,000 in favor of Stewart Title Company.

 

21.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Patrick L. Cocagne, Janice Cocagne, and Barbara M. Cocagne, Trustee of the Barbara M. Cocagne Living Trust for the Road 108 Widening Project in the amount of $5,000. 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, sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $5,800 in favor of Stewart Title Company.

22.             Approve an agreement for Purchase of Real Property/Right of Way/Temporary Construction Easement/Irrigation Easement from Harrie Lee Carrigan, Trustee of the E. M. Carrigan Bypass Trust for the Road 108 Widening Project in the amount of $49,900. Authorize County Counsel to sign the Grant Deed, Temporary Construction Easement and Irrigation Easement acceptances upon presentation. Authorize the Resource Management Agency Director, or designee, to open an escrow, sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $51,400 in favor of Stewart Title Company.

23.             Approve an agreement for Purchase of Real Property/Right of Way and Temporary Construction Easement from Harrie Lee Carrigan, Trustee of the E. M. Carrigan Bypass Trust and William L. Goins, Jr., as Trustee of the William L. Goins, Jr. Revocable Trust for the Road 108 Widening Project in the amount of $20,900. 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, sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $22,400 in favor of Stewart Title Company.

Sheriff/Coroner

24.             Ratify and approve an amendment to Agreement No. 23796 with the U.S. Department of Justice for seized and forfeited drug assets, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed amendment on that date, 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

 

25.             Request from Health and Human Services Agency to ratify and approve amendments to the following agreements: (1) No. 23972 with Community Services and Employment Training, Inc. in the amount of $10,982,704; (2) No. 23923 with Proteus, Inc. in the amount of $5,322,161; and (3) No. 23924 with SEE and Company in the amount of $4,196,206, to provide comprehensive job services to clients of TulareWORKs, retroactive to July 1, 2009 through September 30, 2010. Find that the Board had authority to enter into the proposed agreements as of July 1, 2009 and that it was in the County's best interest to enter into the agreements on that date.

 

26.             Request from Health and Human Services Agency to approve the Personnel Resolution regarding reorganization of the Health & Human Services Agency, Child Welfare Services (CWS) Division restructure amending the proposed Fiscal Year 2009/2010 as follows: Staff reductions to include one (1) Administrative Aide; five (5) Social Worker-Adoptions; four (4) Court Representative CWS; fifteen (15) Caseworker Aide II-CWS; one (1) CWS Manager; one (1) Investigator-HHS; one (1) Social Worker-Adoptions Lead; one (1) Lead Court Representative CWS; one (1) Office Assistant II; two (2) Office Assistant IIIs; two (2) Office Assistant IVs; one (1) Paralegal II; one (1) Prevention Program Supervisor; one (1) Nurse-Registered; one (1) Nurse- Public Health II; ten (10) Social Services Worker IIs; five (5) Social Services Worker III-CWS; one (1) Office Assistant-Supervising; and one (1) Trainer-CWS. Staff additions to include: three (3) Social Services Worker IIIs; and thirteen (13) Lead Social Services Worker III-CWS. Adjust the compensation for the incumbent Division Manager HHS Child Welfare Services to $92,775 annually. Authorize Human Resources and Development to initiate the County's layoff process affecting the Human Services Department, Child Welfare Services Division, issue notices of layoff and to meet and confer with the affected union. Approve the necessary budget adjustments. (4/5ths vote).

27.             Request from County Counsel to waive the second reading and adopt 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. Direct the Clerk of the Board to publish a summary of the Ordinance as required by law.

28.             Request from Resource Management Agency to receive an update and review options for modification on the Williamson Act Program. Direct staff to initiate selected options for Williamson Act Work Program for 2009/2010 and future years.

(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

Board of Supervisor August 25, 2009, meeting agenda item requesting the adoption of an Ordinance amending certain sections of Chapter 3 of Part VI of the Ordinance Code of Tulare County pertaining to the business license and permit requirements applicable to adult oriented businesses and performers.

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: 4

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

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: 2

Proposals pertaining to Modification of the County of Tulare's Williamson Act Program, including but not limited to possible non-renewal of Williamson Act contracts.

Next Item(s) Sitting as...

ITEM D

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 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 REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 237-020-06

Agency Negotiator: Jean M. Rousseau and Bill Hayter

Negotiating Parties: Poplar Community Services District

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Willis, Lonnie & Gayle v. County of Tulare, Joseph Teller, et al

Tulare County Superior Court Case No. 09-231270

Next Item(s) Sitting as...

ITEM H

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 I

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Resource Management Agency Director

(Government Code Section 54957.6)

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...