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 TERRA BELLA SEWER MAINTENANCE DISTRICT

 

June 8, 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.                  Recognize Jose Medina for his accomplishments in receiving the Katherine McClary Award from MV Transportation.

2.                  Presentation of the 2009 Tulare County Annual Crop and Livestock Report by the Agricultural Commissioner.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

CONSENT CALENDAR (Number 5 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.

 

 

 

Agricultural Commissioner/Sealer

5.                  Ratify and approve an agreement with the California Department of Food and Agriculture to provide state subvention to offset costs of Asian Citrus Psyllid detection trapping, retroactive to March 1, 2010 through September 30, 2010.  Find that the Board had authority to enter into the proposed agreement as of March 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)

Auditor-Controller/Treasurer-Tax Collector

6.                  Authorize the Chief Revenue Officer as an additional jurisdiction contact for Sales and Use Tax or Transaction and Use Reallocation Notifications from the California State Board of Equalization.

7.                  Authorize the Auditor/Controller to transfer to the General Fund, pursuant to Government Code 50050, 50053 and 50055, unclaimed funds currently in the Sheriff ($849.73), Probation ($2,252.00) and Tax Collector's ($228.06) special fund accounts.

Board of Supervisors

8.                  Appoint Marilyn Kinoshta to the Agricultural Advisory Committee to serve at the pleasure of the Board.

9.                  Appoint John Paczak to the Woodville Public Cemetery District for a term ending January 6, 2014.

County Counsel/Risk Management

10.             Adopt Option A to continue to insure for earthquake exposure in the Earthquake Recovery Indemnity Authority Property Program in Tower 6 at no additional cost to the County.

County Administrative Office/Capital Projects/Facilities

11.             Approve an Access Agreement with Comcast Cable Communications Management, LLV for the installation of additional bandwith at 221 S. Mooney Boulevard, Visalia.

 

 

General Services/Parks & Recreation Department

12.             Authorize participation in the California Department of Boating and Waterways, Boating and Safety and Enforcement Program for the 2010/2011 Fiscal Year.  Approve the 2010/2011 Contract for Financial Aid Program for the Fiscal Year.  Authorize the County Administrative Officer or, his authorized designee, to submit claims for reimbursement.

13.             Approve an agreement for Purchase of Real Property from Triple D Ranch, L.P., a California Limited Partnership for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2A in the amount of $149,000.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.  Authorize County Counsel to sign the Grant Deed/Slope Easement acceptance upon presentation.  Authorize the County Administrative Officer, 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 $150,500 in favor of Chicago Title Company.

14.             Approve an agreement for Purchase of Real Property from Viva Elva Halstead and Claude P. Halstead for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2B in the amount of $58,000.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.  Authorize County Counsel to sign the Grant Deed acceptance upon presentation.  Authorize the County Administrative Officer, 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 $59,500 in favor of Chicago Title Company.

Health & Human Services Agency

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

16.             Ratify and approve the Tulare County Purchasing Agent amending Professional Services Agreement No. 4860 with Richard Fair, M.D. to increase the maximum amount of the agreement by $50,000 from $100,000 to $150,000 for the provision of providing on-call medical services for Tulare County Health & Human Services Agency clients, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to amend Professional Services Agreement No. 4860 as of July 1, 2009, and that it was in the County's best interest to amend the Professional Services Agreement on that date. Ratify and approve an agreement with Richard Fair, M.D. to continue the provision of providing on-call medical services for Tulare County Health & Human Services Agency clients in the amount of $520,000, retroactive to January 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of January 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

17.             Approve an amendment to Agreement No. 23248 with Golden State Health Centers, Inc. d.b.a. Sylmar Health and Rehabilitation Center in an amount not to exceed $1,000,000 to extend the term of the agreement to June 30, 2011 for the continued provision of stabilization and long-term maintenance for mentally disabled clients of Tulare County.

 

18.             Approve an agreement with the Tulare County Office of Education in the amount of $402,710 to provide mental health services under the Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) Program, for the period of June 8, 2010, through June 30, 2011.

Purchasing

19.             Award Countywide Elevator Maintenance Contract to Thyssenkrupp Elevator in the amount of $183,240 for basic maintenance for three (3) year period.  Authorize the Purchasing Agent to Execute Contract on behalf of the Board of Supervisors.

Probation

20.             Approve an amendment to Agreement No. 23441 with the City of Visalia to provide the services of a Probation Officer for the operation of the Police/Probation Partnership Program to increase accountability for probationers, effective July 1, 2010 through June 30, 2011.

21.             Approve an amendment to Agreement Nos. 21685; Lindsay Unified School District, 21656; City of Dinuba and 21657; City of Lindsay to provide the services of Probation Officers for the continued operation of the Delinquency Prevention Program, effective July 1, 2010 through June 30, 2011.

22.             Approve an amendment to Agreement No. 23448 with the City of Visalia for the Juvenile Work Program to allow Probation staff to supervise youth offenders working on community clean-up sites, effective July 1, 2010 through June 30, 2011.

Resource Management Agency

23.             Approve the plans for construction of the Road 80 Widening Project Phase 1A from Avenue 328 to the St. Johns River.  Authorize the Chairman to sign the plans.  Approve the advertisement of the Road 80 Widening Project Phase 1A from Avenue 328 to the St. Johns River.  Set the bid opening date for Wednesday, July 14, 2010 at 10:00 a.m.

24.             Adopt the Resolution approving the Targeted Employment Area for the Sequoia Valley Enterprise Zone.  Authorize the County Administrative Officer to sign the Amendment #1-Joint Powers Agreement for Administration of California Enterprise Zone to:  a) extend the original Joint Powers Agreement for 15 years; b) change all references to the Private Industry Council to Workforce Investment Board; c) pay an annual share of the operation costs ($79,200) as outlined in Exhibit "B" of the Joint Powers Agreement Amendment, for the 15 year life of the Enterprise Zone; and d) Assign management of the Job Creation Council and the Enterprise Zone to the Economic Development Corporation.  Authorize the County Administrative Officer to sign the future Memorandum of Understanding and other documents necessary for the implementation of the Sequoia Valley Enterprise Zone, subject to County Counsel review and approval.

25.             Adopt zoning interpretation that Solar and Wind Electrical Generation Facilities are included within the meaning of Public and Private Utility Structures and that said facilities where a Special Use Permit is required shall be subject to a Development Agreement.  Accept the Resource Management Agency's three tier processing for Public and Private Utility applications:  Tier 1) where solar or wind electrical generating facility is designed for on-site consumption, the facility shall be considered an accessory use and permitted by right; Tier 2) where solar and wind electrical generating facility is designed for on-site consumption and excess generation is for sale, the use shall be subject to a Special Use Permit and Development Agreement; and Tier 3) where solar and wind electrical generating facility is designed for sale, the use shall be subject to a Special Use Permit and Development Agreement.

26.             Set a Public Hearing for July 13, 2010, at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California, to place delinquent sewer and water service fees in County Service Area No. 1 and County Service Area No. 2 on the 2010/2011 Tax Roll.  Approve the Notice of Public Hearing.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

AND CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

27.             Set a Public Hearing for July 13, 2010, at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California, to place delinquent sewer service fees on the 2010/2011 Tax Roll for the Terra Bella Sewer Maintenance District.  Approve the Notice of Public Hearing.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

28.             INFORMATION ONLY:  Bid Opening results for the Asphalt Concrete Overlay on Avenue 56, Road 232, and Diagonal 134 and Avenue 192.

Contractor

Total (from proposal)

W.Jaxon Baker Inc

 $             3,592,963.34

Glen Wells Construction Co.Inc.

 $             4,017,959.60

Bush Engineering Inc.

 $             4,112,197.64

Lees Paving Inc

 $             4,177,829.48

Granite Construction Co.

 $             4,257,562.00

Engineers Estimate

 $             4,293,294.40

 

29.             INFORMATION ONLY:  Bid Opening results for the Asphalt Concrete Overlay on Avenue 232 from Kings County Line to City of Tulare limits and Road 56 from Avenue 400 to Avenue 432.

Contractor

Total (from proposal)

W. Jaxon Baker Inc

 $             4,121,297.50

Lees Paving Inc

 $             4,197,774.36

Granite Construction Comp

 $             4,241,778.00

Don Berry Const. Inc

 $             4,366,864.31

Flatiron West Inc

 $             4,373,152.70

Glen Wells Const. Inc

 $             4,384,815.58

Teichert Construction

 $             4,390,862.10

Emmetts Excavation Inc

 $             4,428,564.63

Engineers Estimate

 $             4,683,202.20

 

30.             INFORMATION ONLY:  Bid Opening results for the Asphalt Concrete Overlay on Avenue 384 from State Route 99 to Road 80.

Contractor

Total (from proposal)

Glen Wells Construction Comp. Inc

 $             2,893,028.68

Don Berry Construction Inc

 $             3,025,032.10

Bush Engineering Inc

 $             3,046,599.00

Teichert Construction

 $             3,048,257.80

Granite Construction Company

 $             3,072,994.00

Lees Paving

 $             3,098,142.00

Flatiron West Inc

 $             3,145,253.50

Construction Development System

 $             3,224,816.10

Boman Asphal Inc

 $             3,275,351.75

W.Jaxon Baker Inc

 $             3,294,267.57

Emmetts Excavation Inc

 $             3,349,128.40

Engineers Estimate

 $             3,134,668.25

 

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

31.             Request from the District Attorney to approve the freezing of one (1) District Attorney Services Analyst position, effective July 8, 2010.  Direct the District Attorney's Office and Human Resources and Development Department to initiate the layoff process, including the issuance of notice of layoff.

32.             Request from the Public Defender to approve the reduction of five (5) Public Defender Investigators/Investigators-Bilingual positions (2 vacant, 3 filled), effective July 9, 2010.  Direct the Public Defender and Human Resources and Development Department to initiate the layoff process, including issuance of notices of layoff.  Authorize the freeze of vacant, but allocated positions in the Investigations Unit.

(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:  Nancy Joan Kilgore vs. County of Tulare et al, United States District Court, Eastern District of California, Case Number 1:10-CV-031 LJO DLB

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 - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9(c).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM D

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 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 075-070-027

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Claude Peter Halstead Jr, David King Halstead, George Grant Halstead, Timothy Halstead, Dorothy Halstead, Mary Halstead and Ruth May Halstead

Under Negotiation:  Price and Terms of Payment

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...