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

 

October 12, 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.                  Presentation regarding Tulare County Mental Health Court.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Fire Department to approve Fire Hazard Abatement Cost Recovery. Confirm the accounting as modified. Order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 33)

 

 

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 in the amount of $17,775 for County Petroleum Products Compliance and Weighmaster Enforcement Programs, 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.

6.                  Ratify and approve an agreement with the California Department of Food and Agriculture for providing State subvention in an amount not to exceed $54,988 to offset costs of European Grapevine Moth detection trapping, retroactive to July 1, 2010 through October 31, 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.

Auditor/Controller

7.                  Designate October 17 - 23, 2010 as "National Save for Retirement Week." Support the goals and ideals of National Save for Retirement Week, including raising public awareness about the importance of adequate retirement savings and the availability of retirement plans.

Board of Supervisors

8.                  Ratify Proclamation recognizing September 17-23, 2010 as Constitution Week in Tulare County.

9.                  Appoint Pamela K. Whitmire as District 1 - Regular Member to the Tulare County Library Advisory Board for a term ending December 31, 2012.

10.             Reappoint Ed Murray as District 1 Representative to the Tulare County Fish & Game Commission for a term ending September 4, 2012.

County Administrative Office/Capital Projects

11.             FOR INFORMATION ONLY: Bid Opening results for the New Motor Pool Phase 2 Build Out.

Contractor

Amount

Gary Interrante Construction

$343,000

Webb & Son

$348,000

BMY Construction

$371,520

Micham Construction, Inc.

$375,500

Dale Atkins Contractor

$378,000

Seals Biehle General Contractor

$444,000

Vortex Construction

$486,531

Davis Moreno Construction, Inc.

$560,000

 

 

Engineer's Estimate

$650,000

 

General Services/Property Management

12.             Introduce and waive the first reading of an Ordinance adding Section 1-03-1410 to Article 7 of Chapter 3 of the Tulare County Ordinance Code pertaining to the Board's delegation of authority to sell real property or interest therein with an estimated value that does not exceed $25,000.

Health & Human Services Agency

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

14.             Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Workforce Education and Training (WET) Component of the Three-Year Program and Expenditure Plan to the State Department of Mental Health. Authorize the Tulare County Director of Mental Health to accept additional funding of $2,357,554 upon approval of the Plan by the State Department of Mental Health. Approve the necessary budget adjustments. (4/5ths vote required).

15.             Approve and authorize the application and acceptance of funds from the Department of Alcohol and Drug Programs, Office of Criminal Justice, for the Comprehensive Drug Court Implementation (CDCI) Program in the amount of $156,155 for the period of January 1, 2011 thru December 31, 2011.

16.             Ratify and approve an amendment to Agreement No. 21972 with Alternative Services, Inc. to collect a State allowed administration fee of 3.5% for Fiscal Year 2010/2011, 4% for Fiscal Year 2011/2012, and 4.5% for Fiscal Year 2012/2013 to maintain a "Driving Under the Influence" (DUI) Program in Tulare County, 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. 24611 with Victor Treatment Centers, Inc. in an amount not to exceed $140,000 to provide Intensive Day Treatment services (Full Day) to Tulare County minors, retroactive to May 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of May 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. 21893 with Envision Resources, Inc., to extend the term of the agreement to June 30, 2011 for the provision of assisting in accessing Patient Assistance Programs for Prescription Medications, 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 amendments to Agreement Nos. 23379 and 23380 with Psynergy Programs, Inc. in an amount not to exceed $650,000 for Agreement No. 23379 and $1,050,000 for Agreement No. 23380, and to extend the term of both agreements to June 30, 2011 for the continued provision of Adult Residential and Medi-Cal mental health services, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreements as of July 1, 2010, and that it was in the County's best interest to enter into the agreements on that date.

20.             Ratify and approve the Comprehensive Agreement with the California Department of Public Health, Emergency Preparedness Office for the Public Health Emergency Preparedness Program (PHEP) totaling $1,022,399, retroactive to July 1, 2010 through August 9, 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 the California Department of Public Health (CDPH), Immunization Branch, in the amount of $272,110 for the Immunization Program in Tulare County provided by the 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.

22.             Ratify and approve an agreement with Blue Cross of California dba Anthem Blue Cross, Inc. to allow Tulare County Health & Human Services Agency (HHSA) Physicians to provide comprehensive health care to eligible individuals under the Anthem Blue Cross Medi-Cal Managed Health Care program (MCMCP), retroactive to September 1, 2009. Find that the Board had authority to enter into the proposed agreement as of September 1, 2009, and that it was in the County's best interest to enter the agreement on that date.

 

23.             Ratify and approve an agreement with Blue Cross of California dba Anthem Blue Cross, Inc. to allow Tulare County Health & Human Services Agency (HHSA) Physicians to provide comprehensive health care to eligible individuals under the Anthem Blue Cross Healthy Families EPO and/or Access for Infants and Mothers (AIM) Programs, retroactive to September 1, 2009. Find that the Board had authority to enter into the proposed agreement as of September 1, 2009, and that it was in the County's best interest to enter the agreement on that date.

24.             Approve the amended Bylaws for the In-Home Supportive Services Advisory Committee.

Human Resources & Development

25.             Approve an advance of 5% of the election amount (approximately $20,000) for the Debit Card participants in the Medical Reimbursement Spending Account to ASI as to allow the continued use of debit cards for reimbursement of medical reimbursement claims for the 2011 Plan Year. Funding to come from the remaining CSAC-EIA Dividend fund which presently has about $140,000 in it.

Resource Management Agency

26.             Ratify and approve 2010/2011 Transit Agreement with the City of Porterville, 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.

27.             Ratify and approve 2010/2011 Transit Agreement with the City of Visalia for the City to provide transit service to County of Tulare residents, subject to review and approval as to form by County Counsel and execution of the agreement by the City of Visalia, 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.

28.             Ratify and approve a 2010/2011 Transit Agreement with the City of Exeter to provide transit service to the community of Tooleville, 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.

29.             Approve the Measure R Program Supplement to Cooperative Agreement with the Tulare County Transportation Authority for the construction of a traffic signal at Avenue 280 and Road 180 in the amount of $50,000.

30.             Approve the Joint Funding Agreement with the United States Geological Survey for water resources investigations during the period November 1, 2010 to October 31, 2011.

31.             Authorize the County Auditor-Controller to issue a warrant in the amount of $194,621.94 to the Southern California Edison Company for the County's share of the cost to relocate poles on the North Phase of the Road 108 widening project and the cost to relocate underground transmission ducts at the Liberty Substation.

32.             Approve the Plans, Special Provisions, Proposal and Contract for construction of the Hillman Street Widening Project in the City of Tulare and County of Tulare from Leland Avenue to the Tulare Irrigation District Canal, subject to review and approval as to form by County Counsel. Approve the Plans, Special Provisions, Proposal and Contract for construction of the Road 108 Widening Project in the County of Tulare and the City of Visalia from the Tulare Irrigation District Canal to Caldwell Avenue, subject to review and approval as to form by County Counsel. Approve the advertisement of both the Hillman Street and Road 108 Widening Projects. Set the bid opening date for Wednesday, November 17, 2010 at 10:00 a.m.

ADJOURN AS THE TULRE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

33.             Approve a Memorandum of Understanding with the City of Visalia for contribution of funds in the amount of $3,500,000 for the Betty Drive/Avenue 312 Realignment and Improvement Project Phases 2A and 2B.

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

 

34.             Request from the Board of Supervisors to approve the Tulare County Youth Commission's administration of the Jr. High Service Learning Grant Program.

 

(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 # 10-236639

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: 4

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare v. Ronald H. Vanderham et al

Tulare County Superior Court Case Number 10-235938

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare v. Robert Van Grouw et al

Tulare County Superior Court Case Number 09-234838

Next Item(s) Sitting as...

ITEM E

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 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...