MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY Chairman - 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 TULARE COUNTY REDEVELOPMENT AGENCY

 

March 9, 2010

 

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.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Project for Acquisition of Property by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Kampen; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 26)

 

 

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

4.                  Appoint Rose Marie Harris to the Exeter Public Cemetery District for a term ending January 2, 2012.

5.                  Appoint Patrick Pinkham to the Agricultural Advisory Committee, District 1 Representative, for a term ending June 30, 2012.

County Administrative Office/General Services

6.                  Publicly consummate the purchase of real property described as 15892 Azalea Avenue in the community of Ivanhoe, Assessor's parcel no. 107-054-015 for a price of $117,000. Approve and authorize the Chairman of the Board to execute the Agreement of Purchase and Sale upon submission, subject to County Counsel approval as to form. Direct the Resource Management Agency Director, or his designee, to file a Notice of Exemption with the Clerk-Recorder. Authorize County Counsel to approve and execute all additional documents to consummate the purchase of the property.

 

7.                  Limit the number of vehicles allowed to enter Mooney Grove Park to a maximum of 800 on Easter Saturday, April 3, 2010 and on Easter Sunday, April 4, 2010. Prohibit the consumption of alcohol on Easter Saturday, April 3, 2010 and Easter Sunday, April 4, 2010 at Mooney Grove Park. Authorize the closure of the parking lot at Government Plaza on Easter Saturday, April 3, 2010 and on Easter Sunday, April 4, 2010.

8.                  Grant a waiver of fees for the use of Mooney Grove Park by the Kings/Tulare Area Agency on Aging for the Senior Day Picnic on Friday, May 14, 2010.

Health & Human Services Agency

9.                  Ratify and approve an amendment to Agreement No. 23897 with Delta Dental of California in an amount not to exceed $164,699, to provide dental care services to eligible Healthy Kids Program members between the ages of 6 to 18, retroactive to October 1, 2009 through September 30, 2010. Find that the Board had authority to enter into the proposed agreement as of October 1, 2009 and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote)

10.             Ratify and approve the acceptance of funds from the California Emergency Management Agency for the Fiscal Year 2009 Emergency Management Performance Grant in the amount of $130,803, retroactive to July 1, 2009 through June 30, 2010. This grant is retroactive due to having received notification of the grant award after July 1, 2009. Find that the Board had authority to accept the grant funds as of July 1, 2009 and that it was in the County's best interest to accept the funding on that date.

11.             Ratify and approve an amendment to Agreement No. 23434 with Aspiranet, to increase the maximum amount of the agreement from $189,555 to $212,193 and to increase the number of young adults to be served from 10 to 12 or more, for start-up and delivery of Transitional Housing Program Plus services, 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. Approve the necessary budgets adjustments. (4/5ths vote)

12.             Approve an agreement with Hill's Pet Nutrition to provide the Tulare County Animal Control Shelter through Hill's Shelter Partner Program free Hill's Science Diet pet food and nutritional educational services for a period of one (1) year.

Information Technology

13.             Approve the purchase of hardware to upgrade the switch at the Sheriff's Department not to exceed $10,400. Approve the necessary budget adjustments. (4/5ths vote)

14.             Accept a $30,078 grant from the California Office of Homeland Security for the purchase of Uninterrupted Power Supply (UPS) and ancillary equipment. Approve the fixed asset purchase of the UPS in the amount of $19,215.61, subject to the approval of the Federal Emergency Management Agency (FEMA) and the Office of Emergency Services division of the County of Tulare Health and Human Services Agency. Find that the equipment need not be purchased through competitive bidding pursuant to Tulare County Ordinance Code Section 1-03-1305, because the equipment requested is already covered by the contract pricing as listed by the California Multiple Awards Schedules (CMAS) agreement 3-09-70-2265E. Authorize the necessary budget adjustments. (4/5ths vote)

15.             Ratify and approve an amendment to Agreement No. 22821 with Automon Corporation to extend the term of the agreement to June 30, 2011 to provide the ability for the Probation Department to finalize their case management system, retroactive to July 1, 2009. Find that the Board had authority to enter into the agreement as of July 1, 2009, and that it was in the best interest of the County to enter into the agreement on that date.

Library

16.             Approve a project not to exceed $110,000 to install and operate a Library Materials Distribution Machine in Cutler. Accept the stimulus grant award of $50,000 from the United States Department of Agriculture to provide a Library Materials Distribution Machine in Cutler, establishing an automated sub branch. Authorize the purchase of book vending machine, waiving the competitive bid requirement as Public Information Kiosk, Inc, the manufacturer, is the sole source for this unique product. Authorize purchase of book vending machine. Authorize prepayment of 50 percent ($16,525) of the book vending machine cost as the vending machine is being customized for Lexan Construction making it more damage resistant, and to have downloadable data feature that negates need for a DSL data line. Approve the necessary budget adjustments. (4/5ths vote)

Probation

17.             Approve the amendment to the Fiscal Year 2009/2010 Budget of the Probation Department to recognize additional revenue in the amount of $9,965 received from the Collaborative Justice Courts Substance Abuse Focus Program for Tulare County Mental Health Court and the associated expenditures. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

18.             Introduce and waive the first reading of an uncodified Ordinance to delegate authority to the Resource Management Agency Director to approve and execute agreements for purchase of property for Phase 4 of the Road 80 Widening Project.

19.             Approve the use of Measure R funds for the Construction of Road 80 Phase 1A in the amount of $2,294,000 as a contingency in the event that State Local Partnership Program (SLPP) funds cannot be allocated by the California Transportation Commission (CTC).

20.             Ratify and approve an amendment to Agreement No. 23273 with Omni-Means, Ltd to expand the scope of work to complete the project for an increase of $146,180 with a maximum total compensation of $2,428,311.98, retroactive to December 1, 2009. Find that the Board had the authority to enter into the amendment as of December 1, 2009, and that it was in the County's best interest to enter into the amendment on that date.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

21.             Approve the Measure R Cooperative Agreement between the Tulare County Association of Governments, acting as the Local Transportation Authority, and Tulare County Redevelopment Agency for funding transportation improvements.

22.             Approve the Measure R Program Supplement to Cooperative Agreement for the Betty Drive Phase 2A project (Avenue 312/Riggin Avenue widening) for Right of Way, Plan, Specification and Estimate, and Construction in the amount of $4,212,819. Approve Measure R Program Supplement to Cooperative Agreement for the Betty Drive Phase 2B project (overpass over the Union Pacific Railroad tracks) for Right of Way, Plan, Specification and Estimate, and Construction in the amount of $8,754,747.

23.             Review and accept the following documents as complete and adequate for each of the Tulare County Redevelopment Agency's eight project areas, including Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center, Richgrove and Traver, for the fiscal year ending June 30, 2009: a) Annual Audit Report of financial activities of the Tulare County Redevelopment Agency; b) Annual State Controllers Report; and c) Annual Housing Report to the California Department of Housing and Community Development. Direct that these reports be submitted by the Executive Director, as required by the California Health and Safety Code, to the Office of the State Controller and the California Department of Housing and Community Development.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

24.             Ratify and approve an amendment to Agreement No. 23051 with United States Forest Service to provide law enforcement services on Forest Service land retroactive to October 1, 2009 through September 30, 2010. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Workforce Investment Board

25.             Accept grant award of $999,931 of Workforce Investment Act Funds from State of California Employment Development Department (EDD). The Workforce Investment Board has partnered with Porterville College, Porterville Adult School, Tulare Adult School, Visalia Adult School and Dinuba Adult School to offer additional training courses in various Allied Health Professions. Approve the necessary budget adjustments. (4/5ths vote)

26.             Accept the grant award of $145,000 of Veteran's Workforce Investment Act Funds from Employers Training Resources to better coordinate services among partners, governmental agencies and community based organizations to develop a stronger working network to enhance the services currently provided to veterans in the region and improve the efficiency of the program. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

27.             Presentation given by Resource Management Agency regarding an overview of the Tulare County Transit System.

28.             Adopt a Resolution directing the County Administrative Officer to revise County Administrative Regulations pertaining to reimbursement and payment of employee expenses. Suspend Board of Supervisors practice regarding reimbursement for social meals attended by a majority of Board members.

(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: APN 048-100-037,048-100-011

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Floyd D. Kampen and Gail C Kampen

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: 27115 Road 108, Visalia, CA 93277, APN 119-810-005

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Catarino & Mary Helen Licon

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: Kennedy, Laura dba Sugar Daddy's Gentleman's Club v. County of Tulare

Tulare County Superior Court Case Number 08-229-065

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: 1

Next Item(s) Sitting as...

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...