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

 

August 17, 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 Ray Bullick for his 26 years of County service.

2.                  Presentation given by Paul Yoder with Strategic Local Government Services regarding a Legislative Update.

3.                  Presentation given by the Tulare County Gang Prevention Task Force regarding the 2010 Step Up Youth Summit.

4.                  Public comments.

5.                  Board of Supervisors matters.

CONSENT CALENDAR (Number 6 through 32)

 

 

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.                  Ratify and approve an agreement with the California Department of Food and Agriculture, providing state subvention to offset costs for detection/suppression of Glassy-winged Sharpshooter, effective July 1, 2010 through June 30, 2012. The agreement is retroactive because we did not receive the agreement from California Department of Food and Agriculture until August 3, 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. Authorize the Board Chairman to sign an agreement, retroactive to July 1, 2010 through June 30, 2012 designating the Tulare County Agricultural Commissioner to be the local public entity to receive funds allocated by California Department of Food and Agriculture for local assistance in regard to Pierce's Disease and its vectors. Authorize the Chairman to sign Form CCC-307.

Board of Supervisors

7.                  Approve and accept a grant agreement with the United States Department of Agriculture for a Community Facilities Grant to complete construction upgrades to a building in the community of Ivanhoe, in the amount of $200,000.

8.                  Appoint Jose E. Ruiz-Salas as Tulare County Public Health, Primary Representative, Seat #29, Karen Haught as Tulare County Public Health, Alternate Representative, Seat #29 and Andrew Lockman as Tulare County Public Health, Office of Emergency Services, Alternate Representative, Seat #28 to the Emergency Medical Care Committee to serve at the pleasure of the Board.

County Counsel/Risk Management

9.                  Ratify and approve the Risk Manager's signature on the participation agreement for the purchase of Optional Excess Liability Insurance with California State Association of Counties - Excess Insurance Authority effective July 1, 2010. Find that the Board had authority to authorize the Risk Manager to enter into agreement for the purchase of Optional Excess Liability Insurance to be effective July 1, 2010 and that it was in the County's best interest to enter into the renewal agreement on that date.

County Administrative Office/Capital Projects/Facilities

10.             Approve sending a letter of opposition to draft legislative language, sometimes referred to as the "internet Travel Tax Fairness Act" or "ITTFA", which would restrict the authority of state and local governments to fully collect hotel occupancy taxes on hotel rooms booked through online travel companies and travel agencies.

11.             Ratify actions taken by the County Administrative Officer during the month of July 2010 regarding Personnel/Payroll changes and Good Works funding agreements.

12.             Approve the bid documents for the Fleet Services Facility Phase 2 Build Out Project, subject to review and approval as to form by County Counsel. Authorize the advertisement of bids for the subject project. Set the bid opening for 2:00 p.m. on Thursday, September 23, 2010.

13.             Authorize the Purchasing Agent to piggyback on General Services Administration Contract No. GS-07F-568P pursuant to County Ordinance Code 1-03-1305 section G. Authorize the Purchasing Agent to execute Public Works Agreements for the Roofing projects that exceed his limit of $125,000 per project for Fiscal Year 2010-2011.

General Services

14.             Authorize the Chairman to sign the Notice and Consent of Assignment to acknowledge the assignment of Equipment Schedule No. 1-5 to Master Equipment Lease/Purchase Agreement dated September 9, 2002 from Citicorp Real Estate, Inc. To PNCEF, LLC.

Health & Human Services Agency

15.             Ratify and approve an agreement with Family Services of Tulare County, Inc. in an amount not to exceed $105,000 to provide effective parent education regarding the consequences of underage drinking, and the risk factors for underage drinking and gang involvement, retroactive to July 1, 2010 through June 30, 2013. 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.

16.             Ratify and approve an agreement with Proteus, Inc. in an amount not to exceed $105,000 to provide effective parent education regarding the consequences of underage drinking, and the risk factors of underage drinking and gang involvement, retroactive to July 1, 2010 through June 30, 2013. 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.

17.             Ratify and approve an amendment to Agreement No. 24365 with Turning Point of Central California, Inc. d.b.a. Turning Point Youth Services in an amount not to exceed $558,000 Negotiated Net Amount (NNA) funding for the provision of alcohol and drug (AOD) recovery and prevention services, retroactive to July 1, 2010 through June 30, 2013. 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.

18.             Ratify and approve an amendment to Agreement No. 21997 with Turning Point of Central California, Inc. d.b.a. Turning Point Youth Services in an amount not to exceed $1,380,000 for the provision of drug and alcohol recovery and prevention services, retroactive to July 1, 2010 through June 30, 2013. 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. 23197 with Central Valley Recovery Services, Inc.; Pine Recovery Center, New Visions, Mothering Heights, New Heights, Family Services, and New Hope in an amount not to exceed $5,120,787 to provide alcohol and drug recovery services, retroactive to July 1, 2010 through June 30, 2013. 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 agreement with Intelegy, Inc. in an amount not to exceed $368,400 for consulting services to continue in the development of a strategy for implementing a full Centralized Client Contact model, retroactive to July 1, 2010 through June 30, 2012. 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.

21.             Ratify and approve an amendment to Agreement No. 23578 with JDT Consultants, Inc. in an amount not to exceed $250,000 to provide Therapeutic Behavioral Services (TBS), 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.

22.             Ratify and approve an agreement with Family Builders Foster Care, Inc. in an amount not to exceed $150,000 to provide Therapeutic Behavioral 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.

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

Human Resources & Development

24.             Ratify and approve an amendment to Agreement No. 24161, the 2009-2011 Memorandum of Understanding with the Service Employees International Union applying the Minimum Benefit Amount provision of the agreement into year two of the memorandum August 1, 2010 to July 31, 2011. Find that the Board had authority to enter into the proposed amended agreement as of August 1, 2010, and that it was in the County's best interest to enter into agreement.

Resource Management Agency

25.             Approve the Plans, Special Provisions, Proposal and Contract for the Construction of an Asphalt Overlay on Road 152 from Avenue 96 to Avenue 112; Tagus Overpass of State Route 99; Avenue 120 Overpass of State Route 99; Avenue 48 Overpass of State Route 99 subject to review and approval as to form by County Counsel. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids for the Construction of an Asphalt Overlay on Road 152 from Avenue 96 to Avenue 112; Tagus Overpass of State Route 99; Avenue 120 Overpass of State Route 99; Avenue 48 Overpass of State Route 99. Set the bid opening date for 10:00 a.m. September 23, 2010.

 

26.             Approve the Plans, Special Provisions, Proposal and Contract for the Construction of an Asphalt Overlay on Road 132 from Avenue 358 (Alignment) to Cottonwood Creek and Avenue 296 from Road 148 to Road 168 subject to review and approval as to form by County Counsel. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids for the Construction of an Asphalt Overlay on Road 132 from Avenue 358 (Alignment) to Cottonwood Creek; and Avenue 296 from Road 148 to Road 168. Set the bid opening date for 10:00 a.m. September 22, 2010.

27.             Approve the Encroachment Agreement with Alta Irrigation District for box culvert extensions. Approve Pipeline Development Agreement with Alta Irrigation District for box culvert extensions in the Wilson Ditch. Approve Joint Escrow Instructions with Alta Irrigation District and authorize Chairman to sign letter to Town & Country Escrow Corporation containing said instructions. Approve the deposit of $404,512.50 into an escrow account at Town & Country Escrow Corporation under the terms of the Pipeline Development Agreement and Joint Escrow Instructions.

28.             Approve Cooperative Agreement No. 06-1460 with the State of California, acting through its Department of Transportation, in the amount of $388,889, to construct a traffic control signal at the intersection of State Route 190 and Road 284. Approve Cooperative Agreement No. 06-1466 with the state of California, acting through its Department of Transportation, in the amount of $400,000, to construct a traffic control signal at the intersection of State Route 63 and Road 256.

29.             Review and approve the submittal of an application for $625,000 in grant funding from the Strategic Growth Council Sustainable Communities Planning Grant and Incentives Program for the update of the Tulare County Zoning Ordinance. Authorize and direct the Chairman of the Board to sign the completed application and accompanying documents on behalf of the County. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this application. Authorize and direct the Chairman of the Board of Supervisors to conduct all negotiations, execute, and submit the Funding Agreement, and any subsequent amendments thereto, with the State of California for the purpose of this grant, subject to County Counsel approval as to form. Authorize and direct the Resource Management Agency Assistant Director of Community & Development Services or Manager of the Community Development and Redevelopment Division to sign Payment Requests and other program-supporting documentation.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

30.             Authorize commitment and expenditure of Tulare County Redevelopment Agency (TCRA) funds in the amount of $62,000 from the Traver Project Area Budget No. RT3-RT3-2000 ($15,500), Earlimart Project Area Budget No. RE3-RE3-2000 ($15,500), Pixley Project Area Budget No. RP3-RP3-2000 ($15,500), and Goshen Project Area RM3-RM3-2000 ($15,500) to be used as local leverage for the County of Tulare's Strategic Growth Council Sustainable Communities Planning Grant application. Find that leveraging financial resources for the Sustainable Communities Planning Grant in these communities: (a) is consistent with the adopted Redevelopment Plans; (b) implements the affected redevelopment plan by assisting in the eradication of economic blight; (c) is consistent with the current Implementation Plans adopted in 2008, pursuant to Health and Safety Code 33131 (a) and (c) and 33133; and (d) will directly benefit low or moderate-income persons. Find that there are no other reasonable and available means of financing the local leverage for the proposed activities and that the County does not have available funding for this purpose

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

31.             Approve operational agreement with County of Fresno in the amount of $2,248 to participate in the Region V Anti-Gang Intelligence-Led Policing Program from August 17, 2010 to October 31, 2012.

Treasurer/Tax Collector

32.             Authorize the County Auditor, in coordination with the County Administrative Officer, to sign necessary agreements and documents related to the issuance of a line of credit with Union Bank of California for up to $55 million.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

33.             Request from the Sheriff's Department to accept and approve the Weed & Seed Grant for continued operation of Cutler-Orosi Weed & Seed Program from October 1, 2010 through September 30, 2011. Approve the necessary budget adjustments. (4/5ths vote)

34.             Request from the County Administrative Office to approve an agreement with the California Department of Water Resources for the County of Tulare Disadvantaged Community Water Study Project from October 1, 2010 through March 31, 2014 in an amount not to exceed $2,000,000. Authorize the County Administrative Officer to be the Project Manager on behalf of Tulare County.

(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

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 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 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...