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,

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

August 10, 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 Ruiz Foods for its longstanding contributions in Tulare County.

2.                  Present a Proclamation to Gary Rhoden for 28 years of dedicated service in Tulare County.


3.                  Recognition of Tulare County Employees who have been selected by their respective departments to be honored in the Employee Recognition Program. Announce and select the Tulare County Employee of the Year for 2009.

Agricultural Commissioner/Sealer

 

Kristyna Cotta

 

 

Alejandro Del Rio

 

 

 

 

 

Assessor/Clerk-Recorder

 

 

Steven Drake

 

 

Sheryl Furtado

 

 

Laura Singh

 

 

 

 

 

Auditor-Controller/Elections/Purchasing/Treasurer-Tax Collector

Jacqueline Balderas

 

 

Wendy Cartwright

 

 

 

 

 

Child Support Services

 

 

Bruce Bergthold

Angie Gutierrez

Lisa Marks

Forrest McLean

Manuel Melo

Catherine Mendoza

Tim Pisano

Veronica Ritenour

Clara Silva

Deanna Sullivan

 

 

 

 

 

Cooperative Extension

 

 

Craig Yancey

 

 

 

 

 

County Counsel

 

 

Elizabeth Klotz

 

 

 

 

 

Fire Department

 

 

Tracey McKibbin

 

 

Divina Santos

 

 

Gloria Simoes

 

 

 

 

 

District Attorney

 

 

Jennifer Dixon

 

 

Anita Richey

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Health & Human Services Agency

 

Georgia Alba

Maria Arredondo

Jeffrey Blackmon

Mary Blanco

Michelle Brown

Veronica Brummer

Reta Burkes

Eleazar Calderon

Henry Camacho

Kathleen Campbell

Tiffany Canning

Patricia Castillo

Rita Cervantes

Lorena Chacon

Roberto Chavez

Natalie Claussen-Rogers

Ann Contreras

Melissa Durick

Gloria Court

Kenneth Cruickshank

Christine Espino

Becky Duvall

Betsy Ellis

Josefina Frame

Karen Ferguson

Larry Fisburn

Susana Hanson

Sharon Gayden

Elisabeth Gibbons

Kellie Hernandez

Allison Hendrix

Joua Her

Keith Jahnke

Laurel Hernandez

Timothy Inouye

Diane MacDonald

Darlene Jastram

Teresa Lekoff

Hal McCauley

John Macedo

Marilyn Mago

Olivia McNitt

Ken McCoy

Elizabeth McMarvion

Janice Peterson

Janice Miller

Anna Montano

Robin Purves

Melissa Powell

Tiffany Pryor

Javier Robles

Luke Raper

Margaret Peggy Redfern

Anna Schaefer

Leticia Rodriguez

Mona Sauceda

Bernice Soto

Sommone Seelapasay

Michelle Shanley

Lydia Webster

Somkhith Souryasack

Darcy Stotesbery

Susan Winchester

Jeanne Wheaton

Dayna Wild

 

Phyllis Wooden

 

 

 

 

 

Human Resources & Development

 

Becky Buckingham

 

 

 

 

 

Library

 

 

Marisol Rodriguez

 

 

 

 

 

Probation

 

 

Maria Ceballos

Brenda Keasley

Dallas Langlois

Ilene Perales

Faye Phillips

Mary Raborn

Tate Rankin

Nellie Reardon-Moss

Maria Serrano-Soto

Shannon Trigueiro

 

 

 

 

 

Resource Management Agency

 

Denise Akins

Teresa Avita

Maria Flores

Steve Horton

Dianne Hull

Candyce Manuele

Ron Moore

Scott Pfanstiel

Aurelio Ramos

Jere Stafford

Jennifer Willard

 

 

 

 

 

 

 

Sherriff's Department

 

 

Lisa Brown

Kevin Coffman

Ron Crouch

Javier Elizaldi

Jeff Gardner

Jaime Garza

Chris Gezzer

Mark Gist

Yvonne Jaramillo

Gary Marks

Julie Ross

 

 

 

 

Workforce Investment Department

 

Eldonna Caudill

 

 

 

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from Resource Management Agency to waive the final reading and adopt an amendment to Section 15.D.2 of Ordinance No. 352 of the Tulare County Zoning Ordinance pertaining to Division of Land Exceptions within Agricultural Zones. Find there is no substantial evidence that said Zoning Ordinance Amendment will have a significant effect on the environment and that a Notice of Exemption for said Zoning Ordinance Amendment reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Adopt the Planning Commission recommendation relating to the amendment to Ordinance 352, the Tulare County Zoning Ordinance, pertaining to Division of Land Exceptions in Agricultural Zones, as set for in the Planning Commission Resolution No. 8498. Direct the Clerk of the Board to publish the Summary Ordinance and to post a copy of the full Ordinance as required by law.

(Consent Calendar)


CONSENT CALENDAR (Number 7 through 31)

 

 

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

7.                  Ratify and approve an agreement with the California Department of Food and Agriculture in an amount up to $169,402 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. Authorize the Chairman to sign Form CCC-307 (Contractor Certification Clauses). Approve the necessary budget adjustments. (4/5ths vote)

Board of Supervisors

8.                  Reappoint Elissa M. Padilla as Mental Health Agency Representative and Jesus Quevedo as District 4-Consumer Representative to the Community Health Center Board for terms ending April 18, 2014.

9.                  Reappoint Maribel Reynosa, Logan Robertson, Eldonna Caudill and Janis Lehmann to the Tulare County Youth Commission for terms ending June 24, 2013.

10.             Reappoint Tim Peltzer to the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2014.

County Administrative Office

11.             Approve sending a letter to Congressman Nunes requesting his co-sponsorship of H.R. 1956 - Crime Victim Restitution and Court Fee Intercept Act which would amend the Internal Revenue Code to provide a federal offset for state and local agencies to recover outstanding restitution ordered to the victims of crimes and other delinquent court-ordered fines, penalty assessments, and fees associated with criminal or juvenile justice proceedings.

District Attorney

12.             Ratify and approve an amendment to Agreement No. 23220 with the Visalia Police Department in the amount of $90,060 for one (1) Prosecutor Assistant and one (1) Investigative Technician to be stationed at the Visalia Police Department, 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.


General Services

13.             Approve an agreement with Louie Medina Jr. for food service concession at the Visalia Courthouse.

Health & Human Services Agency

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

15.             Approve an agreement between Tulare County Health & Human Services Agency, Pacific Bell Telephone Company (dba AT&T California), and Twenty First Century Communications, Inc. for the purchase and use of Neighborhood Call data with an estimated initial annual cost of $3,000.

16.             Approve an agreement with the Tulare County Fairgrounds for the utilization of the Fairgrounds for the temporary housing of people and/or animals that have been evacuated as a result of a declared disaster or emergency.

17.             Ratify and approve the acceptance of funds from the California Emergency Management Agency for the Fiscal Year 2010 Emergency Management Performance Grant in the amount of $201,238, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to accept the grant funds as of July 1, 2010 and that it was in the County's best interest to accept the funding on that date.

18.             Ratify and approve an amendment to Agreement No. 22016 with the California Ventura Automated Collection System (VACS) Association in an amount not to exceed $11,810 for Tulare County's participation in the joint enhancement committee regarding the Ventura Automated Collection System, 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.

19.             Ratify and approve an amendment to Agreement No. 23235 with Family Services of Tulare County, Inc. in an amount not to exceed $250,000 to extend the term of the agreement to June 30, 2011, to provide a community-based Family Preservation, Family Support, and Family Reunification Program retroactive to July 1, 2010. 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.

20.             Ratify and approve an amendment to Agreement No. 23319 with AspiraNet in an amount not to exceed $120,000 to extend the term of the agreement to June 30, 2011 for the provision of pre- and post-adoption services, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had the 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.


21.             Ratify and approve an amendment to Agreement No. 23434 with AspiraNet in an amount not to exceed $212,193 to extend the term of the agreement to June 30, 2011, for the delivery of Transitional Housing Program Plus Placement services, 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

22.             Approve an amendment to Agreement No. 24259 with the San Joaquin Valley Insurance Authority to allow participation of alternates at Board of Directors meetings in the absence of appointed Directors. Appoint Steve Worthley and Phil Cox as alternate members to the San Joaquin Valley Insurance Authority.

23.             Authorize the temporary office closures for Fiscal Year 2010/2011 for selected County Offices on the specified perspective dates as follows: August 13 through October 15, 10 consecutive Fridays - 4 hours - General Services Administration & Property Management, Resource Management Agency; October 15 through November 12 - closed Fridays - Resource Management Agency Road Yards (except Central Yard Shop), Soils Lab and Sign Shop; November 12 through December 17 - closed Fridays - Resource Management Agency Building Inspection, Porterville Office; November 22 through 24 and December 22 through 23 - Assessor's Office (does not include Clerk-Recorder operations); November 24 - Library and Literacy Office; December 20 through 23 - Library Literacy Office; December 23, 28, 31 - Library (The Library is not open on Monday the 27th so this closure will be from Thursday, December 23 through Tuesday, December 28); December 27 through 31 - Board of Supervisors, Child Support, Cooperative Extension, County Administrative Office, County Counsel (main and Risk offices only), Human Resources, In-Home Supportive Services Public Authority, Workforce Investment Board, General Services-Parks, Lakes & Museum, Law Library, Agricultural Commissioner - Sealer of Weights and Measures.

24.             Amend paragraphs Nos. 4 and 6 of the Compensation Reduction Program for Unrepresented Employees effective August 1, 2010 approved and adopted by Board of Supervisors Resolution No. 2010-0600 at its July 20, 2010 meeting, by adopting a resolution that supersedes Board resolution No. 2010-0600 and approves the amended, continued Compensation Reduction Program in whole as follows: 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 (FY) 2010-11 the Sick Leave Buy-Back Benefit scheduled to be paid in December 2010.; Continue a Furlough program except as noted in number 6 below, beginning August 1, 2010 through July 30, 2011 whereby employees' earnings rates will be reduced by 1.92% 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.; Adopt a paid "furlough hour benefit" equal to 56.8 hours for Fire Battalion Chiefs and described as Mandatory Time Off (MTO). 56.8 MTO hours will be credited in pay period 17 (August 1 - 14) and will be tracked and used like vacation. Continue reduction of the Holiday Pay 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.

Probation

25.             Ratify and approve an amendment to Agreement No. 21673 with Dinuba Joint Unified School District to provide the services of a Probation Officer for the continued operation of the Delinquency Prevention Program, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had the authority to enter into the proposed amendment as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

26.             Accept the work for construction of the Traffic Signal at Avenue 280 and Road 156 as complete by A-C Electric Company of Visalia, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

27.             Ratify and approve an agreement with the City of Exeter to provide building permit processing and inspection services, retroactive to July 1, 2010 through June 30, 2013. Find that the Board had the 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.

28.             Approve and award the contract for construction of Road 80 Phase 1A Project from Avenue 328 to the St. Johns River (Avenue 342 alignment) including Bid Additives A, B, C, D, E and F to the lowest responsive and responsible bidder on the base bid, A. Teichert & Son, Inc., dba Teichert Construction of Fresno, California, in the amount of $7,317,768. Authorize the Chairman to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds, and evidence that the contractor possesses a valid State Contractor's License. Allow funds in the amount of $731,777 (10%) to cover unexpected construction conditions.

29.             Approve the Measure R Program Supplement to Agreement No. 23149 with the Tulare County Transportation Authority for the Construction of Road 80 Phase 1A in the amount of $6,112,545. Authorize the Chairman of the Board to sign the Program Supplement, subject to review and approval as to form by County Counsel.

30.             Approve and award a contract to the lowest responsive and responsible bidder, Jezowski & Markel Contractors, Inc. of Orange, CA, in the amount of $570,360.38, for construction of the Richgrove Green Alleys Project. Authorize the Chairman of the Board to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds, and evidence that the contractor possesses a valid State Contractor's License. Allow funds for a contingency in the amount of $57,036 (10%) to cover unexpected construction conditions.


ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

31.             Approve Supplemental Agreement No. N007 between the Tulare County Redevelopment Agency and the California Department of Transportation for Safe Routes to School funding to construct curb, gutter and sidewalks around the entire perimeter of Golden Valley Elementary School on Avenue 416, Avenue 413, Road 126 and Road 127, in the community of Orosi.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

32.             Request from Resource Management Agency to authorize new office hours for the Resource Management Agency at the Visalia Government Plaza to be open to the public Mondays through Thursdays 9:00 a.m. to 4:30 p.m. and closed Fridays effective August 13. 2010.

33.             Request from Resource Management Agency to acknowledge that a written protest against the proposed user fee increase was received from a majority of the owners/tenants of the properties affected by the proposed user fee increase in the Tooleville Sewer Zone of Benefit. Approve the user fees identified with no change in the user fees that were adopted on August 18, 2009 as Resolution No. 2009-0666 for Tooleville.

34.             Ratify and approve the following Memoranda of Understanding between the County of Tulare and the following: District Attorney Criminal Investigators Association of Tulare County (DACIATC); Professional Law Enforcement Management Association (PLEMA); Tulare County Corrections Association (TCCA-Probation and Probation Correction Officers); Tulare County District Attorney's Investigators Association (TCDAIA-Welfare Investigators); Tulare County Deputy Sheriffs' Association (TCDSA); Tulare County Professional Firefighters' Association (TCPFA); and United Auto Workers (UAW), retroactive to August 1, 2010. Find that the Board had the authority to enter into the proposed agreements as of August 1, 2010, and that it was in the County's best interest to enter into the proposed agreements on that date.

(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: 1

Amendment to Section 15.D.2 of Ordinance No. 352, the Zoning Ordinance, pertaining to Division of Land Exceptions within Agricultural Zones and Notice of Exemption pursuant to the California Environmental Quality Act. Board of Supervisors Agenda Item August 10, 2010.

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 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 D

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 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 LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases:1

Request by Dario Gutierrez to file a late claim with the Board of Supervisors

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Gregory Hernandez, deceased vs. County of Tulare

Workers' Compensation Appeals Board Number: ADJ 7198839

Next Item(s) Sitting as...

ITEM H

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...