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

 

December 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 Greg Hardcastle, Assessor/Clerk-Recorder upon his retirement for his 24 years of County service.

2.                  Recognize Josephine Carrillo of Health & Human Services Agency upon her retirement for 28 years of County service.

3.                  Presentation given by County Counsel regarding Government 102 presented December 1, 2010 and recognition of contributing employees.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

 

6.                  PUBLIC HEARING: Request from the Resource Management Agency to consider aggregating the number of housing units produced to meet the Tulare County Redevelopment Agency's Inclusionary Housing Requirement. Find that the Statement of Facts is accurate and has served as the basis for the findings and approvals set forth. Find that the aggregation of new and substantially rehabilitated dwelling units produced within the Project Areas for the purpose of meeting the Agency's Inclusionary Housing Requirement will not cause or exacerbate racial, ethnic or economic segregation. Approve the aggregation of new and substantially rehabilitated dwelling units produced within the Project Areas for the purpose of meeting the Agency's Inclusionary Housing Requirement pursuant to Section 33413(b)(2)(A)(v) of the Health and Safety Code.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

CONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 27)

 

 

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.                  Ratify and approve an agreement with Teviston Community Service District to receive bookkeeping and accounting services at a cost to them of $462 per quarter, 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.

Board of Supervisors

8.                  Extend the Visalia Arts Consortium's designation as the official Arts Council of Tulare County through September 30, 2011.

9.                  Certify results of the General Election of the Third (General) Member of the Tulare County Employees Retirement Board for a three (3) year term commencing on January 3, 2011 as follows: Gail Henry, 561 votes and Mark Araiza, 238 votes. Certify results of the General Election of the Eighth (Retiree) Member of the Tulare County Employees Retirement Board for a three (3) year term commencing on January 3, 2011 as follows: Patrricia Crawford, 298 votes; Vernon McDonald, 184 votes; and Edward R. Ray, 96 votes. 3. Direct the Clerk of the Board to cast a unanimous ballot in favor of Shirley Van Wormer as the Alternate Retired Member of the Tulare County Employees Retirement Board for a three (3) year term commencing on January 3, 2011 since she was the only Alternate Retired Member that was duly nominated for that position.

10.             Approve the List of Appointive Offices on Regulatory Commissions and Advisory Boards, Commissions and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2011 for compliance with the Maddy Act. Authorize posting.

11.             Reappoint Jeff B. Ritchie, Division 3 and Mark C. Watte, Division 6 to the Kaweah Delta Water Conservation District for terms ending March 1, 2015.

12.             Reappoint Diana Pearcy, Unincorporated Cities Representative to the Ambulance Independent Compliance Committee for a term ending December 31, 2012.

13.             Appoint Ronald Allan, Consumer - Seat 4 to the In-Home Supportive Services Advisory Committee for a term ending June 30, 2011.

County Administrative Office

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

15.             Authorize the County to piggyback on General Services Administration (GSA) Contract No. GS-07F-0248K with the Trane Company for the purchase and installation of two (2) 300 Ton Centrifugal Chillers for the Bob Wiley Detention Facility pursuant to County Ordinance Code 1-03-1305 Section G. Approve an agreement with the Trane Company to purchase and install the two (2) 300 Ton Centrifugal Chillers in the amount of $499,123.07 for the Bob Wiley Detention Facility, subject to review and approval as to form by County Counsel.

16.             Approve an amendment to Agreement No. 24753 with Fleet Services Facility Phase 2 Build Out Project in the amount of $85,628 to provide additional exterior concrete flat work, subject to review and approval as to form by County Counsel.

Fire Department

17.             Introduce and waive the first reading of the Tulare County Ordinance Code to adopt the 2010 California Building Code, 2010 California Fire Code, 2010 California Mechanical Code, 2010 California Electrical Code, 2010 California Plumbing Code, 2010 California Residential Code, 2010 California Historical Building Code, 2010 California Administrative Code, 2010 California Energy Code, 2010 California Green Buildings Standards Code and the 2010 California Standards Code. Direct the Clerk of the Board of Supervisors to post a Certified Copy of the Ordinance in the office of the Board and publish a summary at least five days prior to date of adoption pursuant to Government Code Section 25124 (b) (1).

General Services

18.             Adopt a Resolution declaring the property located on Road 37 just south of Avenue 53, Alpaugh, more particularly described as Tulare County Assessor's Parcel No. 311-222-022; and, the parcel located on Highway 99 and Road 68, Goshen, more particularly described as Assessor's Parcel No. 075-260-026; and, the parcels located North of Avenue 56, west of Road 120, Earlimart, more particularly described as Assessor's Parcel Nos. 322-020-004, 322-020-008, 322-020-011, 322-040-001, 322-040-011, 322-040-012, 322-040-015, 322-050-010, 322-070-001, 322-070-003, 322-080-001, 322-080-003, 322-080-004, 322-080-007, 322-080-010, 322-080-011, 322-080-013, 322-090-001, 322-110-005, 322-120-012, 322-120-014, 322-140-003, 322-150-008, 322-170-008, 322-170-011, 322-180-007, 322-180-008, 322-200-002, 322-200-004, 322-220-001, 322-220-005, 322-220-010, surplus property. Authorize the Purchasing Agent, as adopted by Resolution 2010-0850 and per Tulare County Ordinance Code Article 7, Chapter 3, Section 1-03-1410, to proceed with the disposition of the properties in accordance with Government Code 25526.5.

Health & Human Services Agency

19.             Ratify and approve an amendment to Agreement No. 24577 with Richard Fair, M.D. to increase the amount of the eighteen (18) month agreement by $100,000, from $160,000 to a maximum amount of $260,000 to provide on-call services for Tulare County Health & Human Services Agency clients, retroactive to January 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of January 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

20.             Ratify and approve an agreement with Gallagher Benefit Services, Inc. for a one-year extension to provide benefits consulting services related to the selection of various benefits plans offered to County and Special District employees, retirees and eligible dependents, retroactive to June 1, 2010 through June 30, 2011. Find that the Board had authority to enter into proposed agreement as of June 1, 2010, and that it was in the County's best interest to enter into the agreement on that date. Authorize staff to issue a Request For Proposal (RFP) for benefits consulting services for Tulare County, separate and apart from services for the Joint Powers Agreement (JPA) to protect the interests of Tulare County. Authorize staff to provide written 90 day notice of the County's intent to cancel the aforesaid June 1, 2010 to June 30, 2011 agreement.

Resource Management Agency

21.             Ratify and approve the submission of grant applications to the Upper Kings Integrated Regional Water Management Authority for the following projects for the Seville Water Company: a) Seville Water Distribution System Rehabilitation and Storage Project; and b) Seville Safe Drinking Water Project. Authorize the Assistant Director-Public Works to sign the cover letter submitting the grant applications. Authorize the Assistant Director-Public Works to sign the Certification for Compliance with Water Metering Requirements for funding applications. Find that the Board had the authority to submit the grant applications as of November 12, 2010, and that it was in the County's best interest to submit the grant applications on that date.

22.             Approve the designation of a four-way STOP at the Avenue 192 and Road 196 intersection. Authorize the installation of four-way STOP signs at the Avenue 192 and Road 196 intersection in accordance with Section 21354 of the California Vehicle Code.

23.             Approve and award the contract for construction of the Hillman Street/Road 108/Demaree Street Widening Project to the lowest responsive and responsible bidder, A. Teichert & Son, Inc., dba Teichert Construction of Fresno, California in the amount of $11,217,910.20. 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 contractor's license. Allow funds in the amount of $1,121,791 (10%) to cover unexpected construction conditions.

24.             Approve the Plans, Special Provisions, Proposal and Contract for the Construction of the Visalia Landfill Entrance Facility and Recycling Center. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the Advertisement for Bids of the Construction of the Visalia Landfill Entrance Facility and Recycling Center. Set the Bid Opening date for 2:00 p.m. on January 20, 2011.

25.             Approve an agreement with the Tulare County Association of Governments (TCAG) for the Tulare County Area Transit to provide transit services to College of Sequoia (COS) students for the Spring 2011 semester, subject to review and approval as to form by County Counsel.

Sheriff/Coroner

26.             Ratify and accept grant funding in the amount of $310,872 from the California Emergency Management Agency to operate the Tulare County Inter-Agency Narcotics Enforcement Team, retroactive to July 1, 2010, through June 30, 2011. Find that the Board had authority to enter into the grant agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement as of that date. Approve the necessary budget adjustments for the Sheriff's Department and the Probation Department. (4/5ths vote required).

27.             Ratify and accept one-time funding in the amount of $26,565.46 from the California 9-1-1 Emergency Communications Office, retroactive to January 1, 2010 through October 31, 2011. Find that Board had authority to enter into the grant agreement as of January 1, 2010, and that it was in the County's best interest to enter into the agreement as of that date. 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

 

28.             Request from Health and Human Services Agency to approve the request for additional staffing in response to increased workloads and County Veterans Services funding. Approve the Personnel Resolution to add the following allocations: Administration - IHSS and Veterans Services: one (1) IHSS Program Specialist and three (3) Social Services Worker IIIs; Kings/Tulare Area Agency on Aging (K/T AAA): one (1) Program Aide II; and Health: one (1) Dental Assistant. Approve the Job Specification for the IHSS Program Specialist. Approve the necessary budget adjustments. (4/5ths vote required)

29.             Request from Resource Management Agency to waive the second reading and adopt an Ordinance amending Section 7-25-1085 and adding Section 7-25-1091 to Article 3 of Chapter 25 of Part VII of the Ordinance Code of Tulare County, pertaining to the Exemption of Certain Basins from County requirements for surface mining permits and reclamation plans. Direct the Clerk of the Board to publish the adopted Ordinance within 15 days of adoption in accordance with State law.

30.             Presentation given by Resource Management Agency regarding an overview of the Road Operations Division.

(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. De Jong, Arie H., et al

Tulare County Superior Court Case Number 10-234837

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. De Jong Investment Group, et al

Tulare County Superior Court Case Number 10-236530

 

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 versus Eugene Busby, et al

Tulare County Superior Court Case Number 10-237255

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. Pacific Gas & Electric Company, et al

Tulare County Superior Court Case Number 10-235865

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Threats of litigation regarding the 2010 tax sales of 376 Creek Drive, California Hot Springs, CA (APN:327-140-018-000)

Next Item(s) Sitting as...

ITEM G

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 H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare v. Jeffrey Nunes

Tulare County Superior Court Case Number 10-239660

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 5

Next Item(s) Sitting as...

ITEM J

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Interim Human Resources & Development Director

(Government Code Section 54957.6)

Next Item(s) Sitting as...

ITEM K

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...