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


 

May 4, 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.                  Present a Proclamation to declare May 2010 as "Community Action Month" in Tulare County.

2.                  Public Comments.

3.                  Board of Supervisors matters.

 (Consent Calendar)

 

CONSENT CALENDAR (Number 4 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.

 

 

 

Auditor-Controller/Registrar of Voters

4.                  Approve an amendment to Agreement No. 14242 with CGI, Inc. for ongoing maintenance of the AFIN software used by the County as its financial system.  Approve the Statement of Work in the amount of $44,900 for the Business Objects Xi Upgrade project.

5.                  Approve an amendment to Agreement No. 23321 with the Secretary of State to extend the agreement through December 31, 2011 for Federal Help America Vote Act fund, retroactive to October 15, 2007.  Find that the Board has the authority to enter into the proposed amendment as of October 15, 2007, and that it is in the County's best interest to enter into the amendment as of that date.

6.                  Approve an agreement with the Secretary of State in the amount of $5,000 to assist with Polling Place Accessibility, retroactive to March 6, 2010.  Find that the Board has the authority to enter into the proposed agreement as of March 16, 2010, and that it is in the County's best interest to enter into the agreement on that date.

7.                  Consolidate the Local Measures, listed in Appendix A, with the Statewide Direct Primary Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, June 8, 2010.  Authorize the Election Official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Local Measures and Statewide Direct Primary Election.  Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 and following of the Elections Code.  Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the election official to the District.  Agree that the Election Official will prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election.  Agree that the elections included in Appendix A are to be consolidated as set forth above.

Board of Supervisors

8.                  Reappoint Gary Gregory to the Tulare County Water Works District #1 for a term ending May 1, 2014.

 

 

County Administrative Office/Capital Projects/Facilities

9.                  Waive the competitive bid process to allow additional purchases in Fiscal Year 2009/2010 with ADI, Inc. to purchase low voltage supplies to keep our detention facility camera systems and electronic lock systems operating.

10.             Approve an agreement with Southern California Edison for the solar installation at the Tulare County Museum of Farm Labor and Agriculture.

11.             Approve the transfer of seven positions and incumbents from Resource Management Agency Administration Branch to County Administrative Office General Services Department 087:  one (1) Accountant I/II (2487), one (1) Senior Account Clerk (6959), four (4) Account Clerk positions (2648, 5020, 2651, 2652) and one (1) Clerk Dispatcher (6958).  Approve the addition of one (1) Administrative Services Officer II to the County Administrative Office General Services Department 087 position allocation.  Approve the following reclassifications: Communications Service Manager (7514) to Print and Mail Manager, three (3) Auto Service Workers (0675, 0676, 0677) to Auto Mechanic I, and one (1) Road Yard Assistant to Fleet Services Technician (5738) and adopt new job specifications and compensation.  Approve the addition of one (1) Custodial Worker III and deletion of one (1) Custodial Worker II upon filling of the Custodial Worker III position.  Approve the deletion of one (1) vacant Print Mail Operator II (7293) and deletion of one (1) vacant Digital Equipment Operator I/II (7948).  Authorize the County Administrative Officer, Human Resources Director and Auditor/Controller to make minor adjustments as needed.  Authorize Human Resources and Development to initiate meet and confer as necessary.

District Attorney

12.             Ratify and approve the submission of a grant application to the California Emergency Management Agency for the Violence Against Women, Vertical Prosecution Program for funding in the amount of $200,000 for the period of July 1, 2010 through June 30, 2011.  Ratify and approve the Chairman's signature on the Grant Award Face Sheet Agreement and the Certification of Assurance of Compliance.  Find that the Board had authority to submit the application on April 14, 2010, and that it was in the County's best interest to submit the application as of that date.

13.             Ratify and approve the submission of a grant application to California Emergency Management Agency for the Victim Witness Assistance Program in the amount of $281,244, retroactive to July 1, 2010 through June 30, 2011.  Ratify and approve the Chairman's signature on the Grant Award Face Sheet Agreement and the Certification of Assurance of Compliance.  Find that the Board had the authority to submit the application on May 3, 2010, and that it was in the County's best interest to submit the application as of that date.

General Services

14.             Approve the necessary budget adjustment in the amount of $370,000 for the Print Division due to unanticipated revenues and expenses from Health and Human Services Agency for increased printing services.  (4/5ths vote)

15.             Approve the necessary budget adjustment in the amount of $200,000 for the Mail Division due to unanticipated revenues and expenses from Health and Human Services Agency for increased mail services.  (4/5ths vote)

Health & Human Services Agency

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

17.             Authorize the purchase of fixed asset computer equipment for the Child Welfare Services Division in an amount not to exceed $35,000. Approve the necessary budget adjustments (4/5ths vote).

18.             Authorize the submission of a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) (formerly the California Integrated Waste Management Board) Local Enforcement Agency Enforcement Assistance 21 for funding in the amount of $25,133 in CalRecycle LEA EA21 funds to support solid waste facilities permit and inspection programs.

19.             Authorization to accept $2,500 from the Department of Health & Human Services Food and Drug Administration Funds, Pacific Region Retail Food Cooperative Program, to purchase small equipment for inspections.

20.             Approve the receipt of funds in an amount not to exceed $494,160 from the California State Association of Counties (CSAC) and/or other CalWIN Consortium Counties. Approve the TulareWORKS Division to purchase access to the Benefits CalWIN web based system and the Access CalWIN Integrated Voice Response (IVR) Technology telephone system in an amount not to exceed $4,000,000 for these two systems from Electronic Data Systems (EDS) under Agreement No. 19958 with EDS. Approve the necessary budget adjustments (4/5ths vote).

21.             Proclaim the month of May 2010 as "Mental Health Awareness Month" in Tulare County.

22.             Approve the Job Specification changes for the following positions: Social Services Worker III-CWS, Lead Social Services Worker III-CWS, Child Welfare Services Team Leader (now to be titled Child Welfare Services Supervisor), and Trainer-Child Welfare Services to more accurately reflect the duties of these positions.

Resource Management Agency

23.             Waive the final reading and adopt the 2007 California Building Code, 2007 California Fire Code, 2007 California Mechanical Code, 2007 California Electrical Code, 2007 California Plumbing Code, Title 24, Part 8, California Historical Building Code, Title 19, California Code of Regulations and NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting of the Tulare County Ordinance Code.  Direct the Clerk of the Board to publish the Summary Ordinance as required by law and post a Certified Copy of the Ordinance in the office of the Clerk of the Board pursuant to Government Code Section 25124 (b) (1).

 

24.             Introduce and waive the first reading of an amendment to Ordinance No. 352 Section 16 of the Tulare County Zoning Ordinance pertaining to the establishment of Part IV-Temporary Use Permits for activities lasting up to seventy-two hours and not more than four times per calendar year.  Set a Public Hearing for May 18, 2010 at 9:30 a.m.  Direct the Clerk of the Board of Supervisors to publish the summary ordinance in accordance with the law.

25.             Approve proceedings to form Assessment District No. 09-804R-GOSHEN to pay for the continuing cost of maintenance of the public streets within Subdivision Tract No. 804, located at the northeast corner of Road 72 and Avenue 310, in the community of Goshen.  Approve the Engineer's Report.  Approve the Proposed Boundaries Map and direct the Clerk of the Board to file certified copies with the County Recorder.  Declare the Board's intention to levy and collect assessments.  Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner.  Approve the formation of the Assessment District and imposition of assessments.  Approve the agreement authorizing Self Help Enterprises to collect the assessments for Fiscal Years 2009/2010 and 2010/2011 upon first conveyance of each lot.

26.             Approve a Certificate of Partial Cancellation of Land Conservation Contract No. 10765, Case No. PAC 07-004, to Self Help Enterprises, PO Box 6520, Visalia, CA 93290, for 37.41 acres located on the south side of Avenue 312, one-half mile west of Road 76, within the northeastern portion of the Community of Goshen (APN 075-170-031).  Find that the applicant has satisfied the conditions and contingencies enumerated in the Certificate of Tentative Partial Cancellation approved for PAC 07-004.  Execute the Certificate of Partial Cancellation of Land Conservation Contract No. 10765.  Direct the Clerk of the Board of Supervisors to record the Certificate in the Office of the Tulare County Recorder.

27.             Approve the Final Map for Subdivision Tract No. 804, located at the northeast corner of Road 72 and Avenue 310, in the community of Goshen.  Approve the agreement to complete all required public improvements for Subdivision Tract No. 804.  Approve the agreement for the installation of streetlights for Subdivision Tract No. 804.  Accept the road right-of-way dedications for Subdivision Tract No. 804 as shown on the final map, subject to completion of road construction and acceptance of public improvements. Accept the grant deed for the one-foot reserve strips identified on the final map for Subdivision Tract No. 804 as Lots D, E, F and G.

Workforce Investment Board

28.             Ratify and approve a grant agreement with the U.S. Department of Labor, Employment and Training Administration in the amount of $4,762,120 for the WIB to act as the Fiscal Agent for the California Central Valley Workforce Collaborative, retroactive to May 1, 2010 through April 30, 2011.  Find that the Board had authority to enter into the proposed agreement as of May 1, 2010, 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)

(Items Not Timed)

 

 

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

29.             Request from County Administrative Office to consider, modify as needed, and approve the response to the Tulare County Grand Jury Report 2009/2010 Interim Report regarding Response to Grand Jury Report 2008/2009 Compliance Review.

(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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  County of Tulare v. Catarino Licon, Jr., et. al. Tulare County Superior Court Case No. 10-236124

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

Threats of litigation in the public record regarding the proposed Tulare County General Plan 2030 Update and Draft Environment Impact Report

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 2

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 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...