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


September 14, 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 Cheryl Perkins upon her retirement for her 42 years of County service.

2.                  Present Proclamation declaring September 2010 as Library Card Sign-Up Month in Tulare County to encourage residents to sign up their children to get public library cards.

3.                  Presentation given by Tina Terrel, Sequoia National Forest Service, regarding the Giant Sequoia National Monument Draft Environmental Impact Statement.

4.                  Presentation regarding an update on LOOP bus services.

5.                  Public Comments.

6.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

7.                  PUBLIC HEARING: Request from the Resource Management Agency to hold a continued Public Hearing and deny the appeal filed by Robert J. Owen, thereby upholding Zoning Administrator Decision No. 3002 denying Zone Variance No. PZV 08-027 (ZA) to allow the creation of a 0.37-acre homesite parcel from an original parcel (4.70 acres) containing less acreage than required in the AE-10 (Exclusive Agricultural-10 acre minimum) Zone, on property located on the east side of Road 252 (Plano Street), approximately 1,350 feet south of Scranton Avenue, south of Porterville.

(Consent Calendar)

CONSENT CALENDAR (Number 8 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.

 

 

 

Auditor/Controller

8.                  Approve an agreement with Great-West Life & Annuity Insurance Company to adopt the new Model 457 Deferred Compensation Plan Document for regular employees so that the County's 457 Deferred Compensation plan document is brought into compliance with all current federal legal requirements. Approve an agreement with Great-West Life & Annuity Insurance Company to adopt the Model 3121 Deferred Compensation Plan Document for extra help, temporary and seasonal employees, so that the County's 3121 Deferred Compensation plan document is brought into compliance with all current federal legal requirements. Approve offering of Loans under the 457 Plan, subject to meet and confer. Approve the implementation date for Unrepresented Employees to be effective immediately. Authorize the Human Resources Department to meet and confer with Bargaining Units on the impacts of the loan program. Approve an amendment to Agreement No. 20799 with Great-West Life & Annuity Insurance Company to allow Great-West to administer loans for the 457 Plan and certain distributions to participants in the 3121 Plan.

Board of Supervisors

9.                  Ratify a Proclamation honoring Linda Hanson-Wimp for 29 years of dedicated service to Tulare County.

10.             Appoint Pete Vander Poel to the Economic Development Corporation.

11.             Approve calling the General Election for the position of the Third Member on the Tulare County Employees' Retirement Board for the three (3) year term commencing January 1, 2011. Adopt the election procedures included in the Resolution for the Third Member.

12.             Approve calling the General Election for the position of the Eighth Member and the Alternate Retired Member on the Tulare County Employees' Retirement Board for the three (3) year term commencing January 1, 2011. Adopt the election procedures included in the Resolution for the Eighth Member. Adopt the election procedures included in a separate Resolution for the Alternate Retired Member.

Child Support Services

13.             Authorize the Director of the Tulare County Department of Child Support Services to sign the Plan of Cooperation with the California Department of Child Support Services.

County Administrative Office

14.             Ratify actions taken by the County Administrative Officer during the month of August 2010 regarding Good Works Funding Agreements.

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.             Re-appoint Mary Thomas to the Tulare County Child Care Development and Planning Council in the category of Community Representative for a two year term ending June 30, 2012; and direct the Clerk of the Board to recruit for the listed vacancies per the provision of the Maddy Act.

17.             Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Community Services and Support Plan (CSS) and Prevention and Early Intervention (PEI) Plan Update for Fiscal Year 2010/2011 to the State Department of Mental Health. Authorize the Tulare County Director of Mental Health to accept additional funding of $12,193,700 upon approval of the Plan Update by the State Department of Mental Health. Approve the necessary budget adjustments. (4/5ths vote required)

18.             Approve an amendment to Agreement No. 23897 with Delta Dental of California to extend the ending date of the agreement from September 30, 2010 to October 31, 2010 for the provision of dental care services to eligible Healthy Kids program members between the ages of 6 to 18. The estimated maximum amount for this extension is $16,793.

19.             Approve an amendment to Agreement No. 24415 with Tulare County Office of Education (TCOE) in an amount not to exceed $111,000 to address prevention needs of children and youth who exhibit a high rate of drinking behavior and whose parents/caregivers are in substance abuse treatment, for the period of October 1, 2010 through 30, 2011.

 

20.             Ratify and approve an amendment to Agreement No. 23288 with CF Merced LLC d.b.a. Country Villa Merced Behavioral Health Center in an amount not to exceed $814,000 to provide stabilization and long-term maintenance for mentally disabled clients of Tulare County, 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.

21.             Ratify and approve an agreement with California State Association of Counties (CSAC) in the amount not to exceed $120,850, related to the Welfare Client Data Systems (WCDS) Consortium, 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 Staff Care, Inc. in an amount not to exceed $750,000 to provide Locum Tenens Providers, 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.

23.             Ratify and approve an agreement with the California Department of Public Health (CDPH), Immunization Branch to receive funding in the amount of $55,000 to develop and implement local and/or regional automated immunization information and reminder systems, 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.

24.             Ratify and approve the renewal agreement with the California Department of Mental Health (DMH), for providing State Hospital Bed Purchase and Usage, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

Probation

25.             Ratify and approve an amendment to Agreement No. 21718 with Burton 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 authority to enter into the proposed amendment to agreement 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.             Introduce and waive the first reading of an Ordinance amending Chapter 1 of Part III of the Tulare County Ordinance Code pertaining to speed limits. Direct the Clerk of the Board to publish a summary and post a certified copy of the proposed Ordinance at least five (5) days prior to adoption in accordance with Government Code Section 25124(b)(1).

 

 

27.             Ratify and approve a Grant Agreement between the Federal Aviation Administration (FAA) and the County for an FAA Airport Improvement Program (AIP) Grant, AIP Project No. 3-06-0266-05, to fund the design and preparation of bid documents for the Sequoia Field Airport Apron Rehabilitation Project, retroactive to August 30, 2010. Find that the Chairman of the Board of Supervisors had authority to enter into the Grant Agreement as of August 30, 2010, and it was in the County's best interest to enter into the agreement on that date. Authorize the Resource Management Agency (RMA) Director or designee to execute all grant documents necessary to secure grant funds, reimbursements, and implement the approved grant project.

28.             Approve and award the contract for construction of Betty Drive - Avenue 312 Realignment and Improvement Project Phase 2A to the to the lowest responsive and responsible bidder, Construction Development Systems, of Fresno, California, in the amount of $3,448,216. Authorize the Chairman to sign the contract after 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 $344,822 (10%) to cover unexpected construction conditions.

29.             Elect to receive the "full county payment amount" in the amount of $819,790 from the Secure Rural Schools and Community Self-Determination Act of 2000. Designate eight percent (8%) of the "full county payment amount" to Title II (Special Projects on Federal Lands) and seven percent (7%) to Title III (County Funds) for Fiscal Year 2010/2011 and Fiscal Year 2011/2012.

Retirement

30.             Approve and adopt the proposed revisions to Tulare County Employees' Retirement Association Bylaws as approved by the Board of Retirement on August 11, 2010.

Sheriff/Coroner

31.             Ratify and approve an amendment to Memorandum of Understanding No. 22231 with the Superior Court of California for providing basic security 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.

(Items Not Timed)

 

 

 

(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: 2

Appeal by Robert J. Owen re Zoning Administrator denying Zone Variance No. PZV 08-027 to allow creation of a 0.37-acre homesite parcel from an original parcel (4.70 acres) containing less than acreage required in the AE-10 Zone on property located east of Road 252 (Plano Street), south of Porterville. Board of Supervisors Agenda Item, Sept. 14, 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 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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Martha Alaniz-Akin vs. County of Tulare

Workers' Compensation Appeals Board Numbers: ADJ1834821, ADJ4457493, ADJ2969643, ADJ1780086, ADJ240049

 

 

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...