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


 

October 19, 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 given by Health and Human Services Agency to proclaim the week of October 24-30, 2010 as "Lead Poisoning Prevention Week in Tulare County."

2.                  Presentation given by Steve Hauswirth of San Joaquin Valley College to declare October 6-12, 2010 as "Physician Assistants Week in Tulare County."

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 approve the Notice of Exemption for the proposed Ordinance and find that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA). Direct the Clerk of the Board to file the Notice of Exemption with the Tulare County Clerk in accordance with the Tulare County Guideline for the implementation of CEQA. Adopt the Planning Commission recommendation relating to an amendment to Ordinance 352, the Zoning Ordinance of Tulare County, adding Section 16.V pertaining to Assemblage of People for Educational and/or Entertainment Purposes; and Repeal special use entitled "Assemblage of People for Educational or Entertainment Purposes" from Subsection II.B of Section 16 of Ordinance No. 352; Repeal Ordinance No. 3383; Repeal Ordinance No. 3385. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance. Direct the Clerk of the Board of Supervisors to publish the Summary of the Ordinance amendment and to post a certified copy of the full ordinance amending the Tulare County Zoning Ordinance with the names of the Board of Supervisors voting for and against the amendment, within fifteen (15) days as required by Section 25124 et. seq.

6.                  PUBLIC HEARING: Request from Resource Management Agency to Certify that it has reviewed and considered the information contained in the Negative Declaration for the proposed Change of Zone No. PZ 09-005 (Damaris Rodriguez and Rene Duenas, et al.) from AE-40 (Exclusive Agricultural - 40 acre minimum) to R-A-M-12.5 (Rural Residential - Special Mobilehome - 12,500 sq. ft. minimum) on 7 parcels comprising 48 acres, located north of Avenue 24 and west of Road 84, south of the community of Allensworth is in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, prior to taking action on the Change of Zone. Find there is not substantial evidence that said Change of Zone will have a significant effect on the environment and certify that the Negative Declaration 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 findings for Certification of the Negative Declaration. Adopt findings for approval of the Change of Zone. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance. Direct the Clerk of the Board of Supervisors to publish the Ordinance Amendment and to post a certified copy of the ordinance amending the Tulare County Zoning Ordinance with the names of the Board of Supervisors voting for and against the amendment, within fifteen (15) days as required by Section 25124 et. seq. and return the signed Notice of Determination to the Resource Management Agency.

(Consent Calendar)

 

 

 

CONSENT CALENDAR (Number 7 through 23)

 

 

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

7.                  Select the percentage change in Tulare County's assessed valuation attributable to non-residential new construction, which is 95.81%, as the cost-of-living factor for the Gann Appropriations Limit calculation for the Fiscal Year 2010/2011.

Board of Supervisors

8.                  Ratify the following Proclamations: Honoring the City of Farmersville on its 50th Anniversary; Honoring Brent Calvin as Tulare County Office of Education's 2010 Administrator/Manager of the Year; Honoring Pete Renteria as Tulare County Office of Education's 2010 School Employee of the Year; and Honoring Katryn Gonzales as Tulare County Office of Education's 2010 Teacher of the Year.

9.                  Appoint Elaine Gilden as Regular Member - District 3 to the Tulare County Library Advisory Board for a term ending December 31, 2011.

10.             Reappoint Stuart Morse to the Fish & Game Commission as District 3 Representative for a term ending September 4, 2012.

11.             Appoint John Davis to the Deferred Compensation Committee as District 3 Representative for a term ending January 2, 2013.

County Administrative Office

12.             Ratify actions taken by the County Administrative Officer during the month of September 2010 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

13.             Approve the deletion of Administrative Regulations (ARs) as follows, which have been incorporated in the County Personnel Rules in their entirety: AR 02 - Authorized County Drivers; AR 05 - Extra Help Personnel; AR 07 - Outside Employment; AR 15 - Vacation Donation Policy; AR 16 - Employee Performance Appraisals; AR 17 - Employee Grievance Procedure; AR 18 - Appeal of Disciplinary Action; AR 19 - Discrimination/Sexual Harassment Policy; AR 24 - Dress Code; and AR 27 - Veterans Preference. Approve the deletion of AR 28 (Use of County Vehicles) which has been partially incorporated in AR 01 (Reimbursement of Employee Expenses) and partially incorporated in the County Personnel Rules.

14.             Approve Administrative Regulation (AR) 38 - Office Recycling Policy to establish guidelines for the recycling of office waste paper.

15.             Authorize the Chairman's signature on the Declaration of State's Interest in the Land and Buildings of the Visalia Library Expansion and Renovation Project pursuant to California Education Code Section 19999 and Title 5, Division 2, Chapter 3, Section 20438(d) of the California Code of Regulations. Direct the County Property Manager to record the Declaration of State's Interest for the subject project with the office of the Tulare County Recorder.

Fire Department

16.             Approve the Personnel Resolution regarding the following changes in the County Fire Department effective December 19, 2010: Delete one (1) vacant Deputy Fire Marshall position (5035); and Add one (1) Fire Battalion Chief position.

General Services/Property Management

17.             Waive the second reading and adopt the Ordinance adding Section 1-03-1410 to Article 7 of Chapter 3 of the Tulare County Ordinance Code pertaining to the Board's authority to delegate the sale of real property or interest therein with an estimated value that does not exceed $25,000. Direct the Clerk of the Board to publish the Ordinance as required by law.

Information Technology

18.             Approve purchase from Netsmart Technologies in the amount of $101,861.64 for hardware and software maintenance for infrastructure equipment, effective January 1, 2011 through December 31, 2011.

Resource Management Agency

19.             Approve and award the contract to the lowest responsive and responsible bidder, A. Teichert and Son, Inc. dba Teichert Construction, of Fresno, California in the amount of $1,366,785.70 for construction of the asphalt concrete 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. 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 Contractors License. Allow funds for a contingency in the amount of $136,679 (10%) to cover unexpected construction conditions.

20.             Approve and award the contract to the lowest responsive and responsible bidder, Flatiron West, Inc. of Benicia, California in the amount of $1,865,729.70, for construction of the asphalt concrete overlay on Road 132 from Avenue 358 (alignment) to Cottonwood Creek and on Avenue 296 from Road 148 to Road 168. 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 Contractors License. Allow funds for a contingency in the amount of $186,573 (10%) to cover unexpected construction conditions.

 

 

Sheriff/Coroner

21.             Approve the Fixed Asset purchase of a Food Service Bowl Cutter in an amount not to exceed $5,600. Approve the necessary budget adjustments. (4/5ths vote required)

22.             Approve a Memorandum of Understanding (MOU) between the City of Visalia and the County of Tulare to establish the Tulare County Consolidated Explosive Ordinance Destruction Program, contingent upon approval of the MOU by the Visalia City Council. The agreement will be effective the date of the last signature and ongoing unless terminated for cause with one month's notice and without cause with six months' notice.

23.             Ratify and approve the operational agreement for the South Valley Marijuana Suppression Program to prevent illegal marijuana cultivation and trafficking, retroactive to July 1, 2010 through June 30, 2013, subject to funding by the California Emergency Management Agency. Find that the Board had authority to enter into the proposed grant program on July 1, 2010, and that it was in the best interests of the County to enter into the agreement on this date. Approve the necessary budget adjustments from the Sheriff's Department and the District Attorney's Office (4/5ths vote required). Approve the Personnel Resolution to increase the position allocation of the Sheriff's Department by one (1) Investigator Aide, effective November 1, 2010.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

24.             Request from County Administrative Office/Capital Projects to deny the bid protest from Webb and Son. Waive the informality of Gary Interrante's submission of its subcontractors. Award the contract for the New Motor Pool Phase 2 Build Out Project to the lowest responsible bidder, Gary Interrante Construction, P.O. Box 600, Three Rivers CA in the amount of $343,000. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification and contract, subject to review and approval as to form by County Counsel.

25.             Receive a presentation from the County Administrative Office regarding a Progress Update of General Services and Facilities. Approve re-title of Senior Capital Projects Coordinator (8195) to Senior Capital Projects/Facilities Coordinator, approve re-title of Capital Projects Coordinator to Capital Project/Facilities Coordinator and approve the reclassification of Senior Capital Projects/Facilities Coordinator (9079) to Capital Projects/Facilities Coordinator. Approve the deletion of two (2) vacant Maintenance Worker III positions (0225, 7121) and the addition of two (2) Maintenance Worker II positions. Approve the deletion of one (1) vacant Maintenance Plumber and the addition of one (1) Maintenance Electrician. Approve reclassification of Custodial Supervisor (6904) to Custodial Services Manager and adopt new job specification and compensation.

 

 

 

26.             Request from County Administrative Office/Capital Projects to review, modify and approve the Fiscal Year 2010/2011 Capital Improvement Plan. Amend Resolution No. 2009-0253 to eliminate the Two Bay Station plan development. Declare Fire Station #17 Badger a project and initiate California Environmental Quality Act (CEQA) review pursuant to the completion of property acquisition. Declare the demolition and construction of a replacement facility located on the existing site for Fire Station #9 Alpaugh a project and initiate CEQA review. Authorize the establishment of project account line 030-086-3200-5147 for Fire Station #17 Badger in the amount of $425,000, and Fire Station #9 Alpaugh in the amount of $575,000. Approve the necessary budget adjustments (4/5ths vote required). Direct the Auditor to make the necessary changes to the budget.

(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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

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

Tulare County Superior Court Case Number 09-234838

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 vs. Ronald H. Vanderham et al

Tulare County Superior Court Case Number 10-235938

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 087-070-017

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: King Mineral LLC

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Cardenas, Teresa vs. County of Tulare et al

Tulare County Superior Court Case Number 09-235695

Next Item(s) Sitting as...

ITEM F

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 G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Cardenas, Teresa v. County of Tulare et al

Tulare County Superior Court Case Number 09-235695

Next Item(s) Sitting as...

ITEM H

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 I

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...