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

 

July 20, 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 Becky Buckingham for her 26 years of County service.

2.                  Presentation given by Tina Terrell of the Sequoia National Forest regarding the Giant Sequoia National Monument Draft Environmental Impact Statement, Film Commission Agreement with Counties and the Tulare/Kerm Resource Advisory Committee.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from Resource Management Agency to consider and approve of sewer and water user fee adjustments for specific County Service Area Zones of Benefit (El Rancho, Delft Colony, Tonyville, Tooleville, Traver, Yettem, and Wells Tract sewer systems, in addition to the Delft Colony, Yettem, and Wells Tract water systems), effective August 1, 2010.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 20)

 

 

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

6.                  Approve an amendment to Agreement No. 22018 with Harley D. Greenwood in the amount of $66,000 to continue to provide microcomputer and software support services, effective August 1, 2010 through August 1, 2013.

7.                  Ratify and approve an agreement with the California Department of Pesticide Regulation in the amount of $99,148 to provide Pesticide Use Reports, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date. Authorize the Chairman to sign Form CCC-307.

Child Support Services

8.                  Approve an amendment to the Plan of Cooperation Agreement No. 22076 with the Tulare County Superior Court for an extension of the agreement to July 31, 2013 to clearly define the responsibilities of both parties in ensuring compliance with federal and state laws and regulations related to the Child Support Enforcement Program.

County Administrative Office

9.                  Approve the recommended revisions to Administrative Regulation No. 25 relating to Reasonable Accommodation.

General Services

10.             Approve a Sewer System Management Plan covering the design, management, operation and maintenance for the Bob Wiley Detention Facility Waste Water Treatment Facility.

Health & Human Services Agency

11.             Ratify and approve an amendment to Agreement No. 23730 with Porterville Halfway House d.b.a. The PAAR Center to receive revenue in an amount not to exceed $4,000 for the provision of receiving Public Health Nursing Services from Tulare County Health & Human Services Agency, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010 and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

12.             Approve the continuance of the Compensation Reduction Programs for Unrepresented Employees, effective August 1, 2010. Suspend Merit and Step Increases and Flexibly-Allocated Promotions (Personnel Rule 3.1) for Unrepresented Employees and Extra Help employees - other than Extra Help Fire-Fighters and Extra Help Fire-Engineers. Suspend the County's matching contribution, up to $1,500 annually, for employees and elected officials participating in the elective Deferred Compensation Program. Suspend for Fiscal Year 2010/2011 the Sick Leave Buy-Back Benefit scheduled to be paid in December 2010. Continue a Furlough Program, beginning August 1, 2010 through July 31, 2011 whereby employees' earnings rates will be reduced by 1.9% for 26 Pay Periods. Such compensation adjustment is the equivalent of 40 hours of paid time. Adopt a paid "furlough hour benefit" equal to 40 hours and described as Mandatory Time Off (MTO). Forty MTO hours will be credited in pay period 17 (August 1 - 14) and will be tracked and used like vacation. This program will apply to employees eligible for overtime pay and employees not eligible for overtime pay. Continue reduction of the Holiday Pay for Fire Battalion Chiefs from 96 hours to 39.2 hours for the period of August 1, 2010 through July 30, 2011 in lieu of participating in the Furlough Program.

Resource Management Agency

13.             Ratify and approve a 2010/2011 Transit Agreement with the City of Woodlake, for the City to provide transit service to County of Tulare residents, retroactive to July 1, 2010, through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010 and that it was in the County's best interest to enter into the agreement on that date.

14.             Ratify and approve a 2010/2011 Transit Agreement with the City of Lindsay, for the County to provide transit service to City of Lindsay residents, from July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010 and that it was in the County's best interest to enter into the agreement on that date.

15.             Ratify and approve an Agreement with the State of California, Department of Transportation (Caltrans), for cost reimbursement of transit operating expenses, in the amount of $367,608, retroactive to July 1, 2008 through June 30, 2011. 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.

16.             Approve a Sewer System Management Plan (SSMP) covering the design, management, operation and maintenance for El Rancho, Delft Colony, Seville/Yettem, Tonyville, Tooleville, Traver, and Wells Tract sewer systems within County Service Areas No. 1 and No. 2.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

17.             Approve a Sewer System Management Plan (SSMP) covering the design, management, operation and maintenance for the Terra Bella Sewer Maintenance District (TBSMD).

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

18.             Ratify and approve an Agreement with Visalia Unified School District to provide instructional services to Tulare County inmates, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had the authority to enter into the proposed agreement on July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

19.             Ratify and approve an Agreement with U.S. Department of Justice, Drug Enforcement Administration, Organized Crime Drug Enforcement Task Force for the provision of investigative services, retroactive to July 1, 2010 through September 30, 2010. Find that the Board had authority to enter into the Agreement as of July 1, 2010, and that it was in the County's best interest to enter into the Agreement on that date.

20.             Approve an Agreement with Pacific Southwest Region of United States Department of Agriculture, Forest Service for powers of arrest, effective during the term of the Sheriff when signed by all parties and remaining in effect until terminated by either party.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

21.             Request from the Fire Department to review alternatives for Hazardous Materials emergency responder services and identify its preferred option. Confirm the Fire Chief's authority to further develop the necessary responder protocols and the associated detail of developing new response policy as necessary to accommodate the Board's choice. Authorize the Fire Chief to negotiate a new service agreement as necessary.

22.             Request from the Treasurer-Tax Collector to receive a presentation regarding the accomplishments of the department over the past few 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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: McKee, Richard P., et al. v. Tulare County Board of Supervisors

Tulare County Superior Court Case Number 10-236639

Next Item(s) Sitting as...

ITEM B

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 08-229065

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: 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 D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 075-50-005

Agency Negotiator: Jean Rousseau, Robert Newby

Negotiating Parties: Hasmukhbhai P. Patel and Shardaben H. Patel

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM E

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected.

Next Item(s) Sitting as...