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

 

November 9, 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 & Human Services Agency to proclaim the month of November 2010 as Adoption Awareness Month in Tulare County to raise awareness of children in foster care waiting to find permanency and celebrating and honoring all families who adopt.

2.                  Presentation from the Tulare County Waste Haulers Association regarding it's new Website with emphasis on customer education and information.

3.                  Presentation from Service Learning Grant Recipients.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  Request from General Services/Property Management to authorize land previously declared surplus to be offered for sale "as is". Authorize the receipt of sealed bids for the purchase of said land for cash price not less than $184,500 by the office of the Clerk of the Board of Supervisors, County Administration Building, 2800 Burrel, Visalia, CA 93291, until November 9, 2010, at the hour of 9:30 a.m., at which time they will be publicly opened, declared, and considered by this Board. Receive oral bids from responsible persons for not less than 5% more than the highest acceptable sealed bid immediately following the opening of sealed bids. Receive and consider oral bids for not less than the minimum sale price specified above if no sealed bid is received. Accept the highest conforming bid from a responsible person, or reject all bids and withdraw the land from sale, with or without re-advertising for bids. Authorize the General Services Manager to publish this Resolution for at least 21 days in the manner required by Government Code Section 6063, pursuant to Government Code Section 25528. Authorize the General Services Manager to post this Resolution in at least three public places in Tulare County at least 15 days before the date designated above for the opening bids, and, subject to budgetary constraints, may purchase such other advertising as deemed necessary to best publicize the sale.

7.                  PUBLIC HEARING: Request from the Agricultural Commissioner/Sealer to approve the proposed fee schedule related to Device Registrations, effective January 1, 2011.

8.                  PUBLIC HEARING: Request from Health and Human Services Agency to approve a $2.00 increase in birth certificate fees from $17.00 to $19.00, to take effect December 1, 2010. Approve $1.80 of the $2.00 increase in fees to be deposited into the Tulare County Children's Trust Fund, bringing the current allocation from $4.50 to $6.30 per birth certificate. Authorize the Tulare County Assessor/Clerk Recorder to implement the $2.00 increase and begin depositing the additional fees into the Tulare County Children's Trust Fund effective December 1, 2010.

9.                  PUBLIC HEARING: Request from the Resource Management Agency to deny the appeal filed by Michael and Karin Gee and uphold the Planning Commission's certification of the Negative Declaration and conditional approval of Special Use Permit No. PSP 04-071 to allow the assemblage of people for educational and entertainment purposed, to include commercial and recreational uses, equestrian events and blacksmithing classes on a 5 acre portion of a 722 acre site in the PD-F-MC (Planned Development-Foothill Combining-Special Mobilehome), AF (Foothill Agricultural) and RD (Resource Conservation) Zones located on the east side of Balch Park Drive, approximately 1.5 miles north of State Route 190, northeast of Springville.

(Consent Calendar)

CONSENT CALENDAR (Number 10 through 36)

 

 

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

10.             Approve an agreement with the California Department of Food and Agriculture in the amount of $2,043 for the purpose of enforcement of the California Cotton Plowdown Regulations, effective December 1, 2010 through March 31, 2011.

11.             Ratify and approve an agreement with the California Department of Food and Agriculture to provide a maximum of $26,419.00 in State subvention to offset costs of enforcement of portions of the California Food and Agriculture Code pertaining to high-risk shipments of plant material and bees, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into 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.

12.             Ratify and approve an agreement with the California Department of Food and Agriculture to provide a maximum of $27,658 in State subvention to offset costs of enforcing of the California Nursery Stock Law, 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.

13.             Ratify and approve an amendment to Cooperative Agreement No. 10-8500-0656-CA with the United States Department of Agriculture for the Glassy-winged Sharpshooter. The revision is to amend the Work Plan and Detailed Financial Plan to add a Treatment Coordinator. The revision does not change the time period or dollar value of the Agreement. Find that the Board had authority to enter into the proposed agreement as revised as of December 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

14.             Introduce and waive the first reading of an Ordinance amending Sections 6-05-9000, 6-05-9010, 6-05-9020, 6-05-9030, 6-05-9040, 6-05-9050, 6-05-9060, 6-05-9070, 6-05-9080, 6-05-9090, 6-05-9130 and 6-05-9140 of Article 9 of Chapter 5 of Part 6 of the Ordinance Code, pertaining to Weighing and Measuring Instruments. Direct the Clerk to publish and post a summary of the Ordinance before the second reading as required by law.

Auditor-Controller/Registrar of Voters

15.             Establish the 2010-2011 GANN Appropriations Limit for the County to be $2,774,234,240.

16.             Order and consent to the consolidation of the regular Governing Board Members Election for Allensworth Elementary School District with the Statewide General Election.

17.             Order and consent to the consolidation of the regular Board of Directors Election for Visalia Memorial District with the Statewide General Election.

Board of Supervisors

18.             Ratify the following Proclamations: Honoring Peter Tork on the Occasion of the Tulare County Drug Court Graduation; Honoring the Kaweah Post Office on its 100th Anniversary; and Honoring the Dinuba Romeo's for Their Service.

19.             Appoint Kurt Schmidt to the Sequoia Memorial District as Director, Seat 1, Veteran for a short-term ending December 2, 2011.

County Administrative Office

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

Fire Department

21.             Ratify and approve the Automatic Aid Agreement with the City of Reedley to render aid to one another in fire and rescue emergencies when assistance is necessary, retroactive to November 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of November 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

General Services

22.             Approve an agreement with ABM Janitorial for janitorial services in County facilities that are located outside of the County seat for the period of December 1, 2010 to November 30, 2013. Find, in accordance with Government Code Section 31000, that these outlying areas are remote from available county employee resources and that the County's economic interests are served by such a contract rather than by paying additional travel and subsistence expenses to existing County employees.

23.             Publicly consummate the purchase of real property described as 51345 Eshom Valley Dr., in the community of Badger, Assessor's parcel no. 007-170-010 for a price of $285,000. Approve and Authorize the Chairman of the Board to execute the Agreement of Purchase and Sale upon submission and subject to County Counsel approval as to form. Direct the General Services Manager, or his designee, to file a Notice of Exemption with the Clerk-Recorder. Authorize County Counsel to approve and execute all additional documents to consummate the purchase the property.

Health & Human Services Agency

24.             Ratify and approve the annual Certification Statements for California Children's Services (CCS) and Child Health and Disability Prevention (CHDP) for Fiscal Year 2010/2011, retroactive to July 1, 2010. Find that the Board had authority to approve the annual Certification Statements as of July 1, 2010 and that it was in the County's best interest to approve the statements on that date.

25.             Ratify and approve an agreement with EMQ FamiliesFirst Inc. to provide Wraparound services for families with multiple, complex needs, in an amount not to exceed $732,700, retroactive to July 1, 2010 through February 28, 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

26.             Approve an agreement with Avante Behavioral Health to provide an Employee Assistance Program to Tulare County employees and their dependents for the period January 1, 2011 through December 31, 2012.

27.             Authorize participation in the Early Retirement Reinsurance Program. Designate the Human Resources Director as the Authorized Representative to sign and submit Annual Early Retirement Reinsurance Program Applications and Claim Information.

Information Technology

28.             Approve an agreement with the City of Fresno to utilize federal Homeland Security Public Safety Interoperable Communication Grant funds to convert the current radio system to a simulcast/voting receiver system. Accept the Homeland Security Public Safety Interoperable Communication Grant Program funds pursuant to Grant No. 2007 GS H7 0008 in the amount of $913,208. Accept local Homeland Security funds of $153,964 when released by the State. Find that the equipment need not be purchased through competitive bidding pursuant to Tulare County Ordinance Code Section 1-03-1305, because the equipment requested is already covered by the contract pricing as listed by the Western States Contracting Alliance Agreement 02702C or the Los Angeles master purchasing Agreement MA-IS-43070. Approve fixed asset purchases of radio simulcast/voting receiver related equipment in the amount of $786,648. Approve the necessary budget adjustments (4/5ths vote required).

Library

29.             Ratify and approve an amendment to Agreement No. 24202 with the Lindsay Unified School District, 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.

Resource Management Agency

30.             Accept the work for the construction of the Richgrove Green Alleys project as complete by Jezowski & Markel Contractors, Inc. of Orange, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

31.             Ratify and approve an amendment to Agreement No. 24487 with the Corporation for Better Housing, in order to avoid disencumbering of grant funds to increase the amount of the agreement by $204,026, from $650,000 to $854,026, retroactive to July 8, 2010. Find that the Chairman of the Board of Supervisors had authority to enter into the Amendment as of July 8, 2010, and it was in the County's best interest to enter into the agreement on that date.

32.             Rescind Resolution No. 2010-0165, Resolution of Necessity to acquire property by eminent domain for the Road 108 reconstruction project, Kampen.

33.             Approve the Program Supplement Agreement No. OH59 to Administering Agency State Master Agreement No. 00120S with the State of California, Department of Transportation, in the amount of $274,900 for the Pixley Safe Routes to School Project.

34.             Approve the Measure R Program Supplement to Tulare County Transportation Cooperative Agreement in the amount of $49,500 for the Pixley Safe Routes to School Project, subject to the review and approval as to form by County Counsel.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

35.             Authorize the commitment and expenditure of Tulare County Redevelopment Agency (TCRA) funds from the Pixley Redevelopment Project Area in the amount of $27,200 as local match for pedestrian improvements and related activities. Find that the infrastructure improvements are of primary benefit to the Pixley Redevelopment Project Area and are in compliance with the requirements of State of California Health and Safety Code, Section 33445, paragraph (a) and (b). Find that without the financial participation of the TCRA, no other reasonable means of financing public infrastructure improvements are available to the community because the County does not have available funding for pedestrian improvements on the grounds that funds are currently reserved for other projects and funds are limited by other public agencies due to inadequate reserves, commitment of resources to other priority projects or limitations due to governmental regulations.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

36.             Ratify and approve an agreement with the California Department of Boating and Waterways to provide up to $80,000 to purchase a patrol boat, retroactive to September 1, 2010. Find that the Board had authority to enter into the proposed grant program on September 1, 2010, and that it was in the best interests of the County to enter into the agreement on this date. Approve the fixed asset purchase of a patrol boat and trailer. Approve the necessary budget adjustments (4/5ths vote required).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

37.             Request from Health and Human Services Agency to approve the request for additional staff in response to increased administrative work and program caseloads. Approve the necessary budget adjustments (4/5ths vote required). Approve the Mental Health Specialist Job Specification and the Personnel Resolution to add 117 allocations and delete 1 allocation.

38.             Request from Workforce Investment Board to approve the new organizational structure and authorize the Human Resources and Development Department to process the Personnel Resolutions containing adjustments to the Workforce Investment Board of Tulare County (WIB) personnel allocation effective December 10, 2010. The adjustments include the deletion of 9 Workforce Development Specialist II, 1 Workforce Development Specialist I, 6 Office Assistant III, 1 Facility Attendant and the addition of 3 Workforce Development Analyst, 1 Business Resources Specialist and 1 Administrative Aide, effective November 9, 2010. Authorize the Human Resources and Development Department to initiate the County's lay-off process; meeting and conferring with the affected unions and where possible provide alternate employment within the County service. Authorize the County Administrative Office and Auditor's Office to make adjustments to the budget for the remainder of Fiscal Year 2010/2011.

(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

Michael and Karen Gee's Appeal of Planning Commission Resolution No. 8519 certifying the Negative Declaration and approving Special Use Permit No. PSP 04-071 (Gary Adest and Barbara Brydolf) to allow an assemblage of people, northeast of Springville. Board of Supervisors Agenda Item and Public Hearing, November 9, 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 - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description and Negotiating Parties: APN 087-070-016 - Forde-Beitler 3916, Mineral King Investor LLC, and Les Jakofsky; APN 087-070-023 - Long's Stores; APNs 087-070-015, 087-070-016, 087-070-020, 087-070-021, and 087-070-024 - DPI Group, LLC

Agency Negotiator: Jean Rousseau and Robert Newby

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: Paul Frederick vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ 7299215

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...