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

 

 

January 11, 2011

 

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.                  Swearing-in Ceremony for Supervisor J. Steven Worthley; Supervisor Mike Ennis; Rita Woodard, Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters; Bill Wittman, Sheriff; Roland Hill, Assessor/Clerk-Recorder; and Phillip Cline, District Attorney by the Honorable Melinda Reed, Presiding Judge.

2.                  Election of the Chairman and Vice Chairman of the Board of Supervisors for the year 2011.


3.                  Receive a presentation on the goals and priorities of the 2010 Central California Children's Agenda. Approve the endorsement of the goals and policy priorities of the 2010 Central California Children's Agenda and approve the Organization Endorsement Form for the 2010 Agenda outcomes and policy priorities.

4.                  Public Comments.

5.                  Board of Supervisors matters.

CONSENT CALENDAR (Number 6 through 40)

 

 

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.

 

Board of Supervisors

6.                  Approve the 2011 Board of Supervisors Committee Assignments.

7.                  Cancel the following meetings for the Board of Supervisors during 2011:

January 18

March 29

July 19

November 22

February 8

May 31

August 2

November 29

February 22

June 14

August 23

December 20

March 1

July 5

September 6

December 27

 

8.                  Ratify the following proclamations: Honoring Imperial Ambulance, Inc. on its 50th Anniversary; Honoring Darrel L. Pyle for his service to the City of Tulare; Honoring Phil Vandegrift for his service to the City of Tulare; Honoring Richard Ortega for his service to the City of Tulare; and Honoring Greg Hardcastle for his Dedication and Service to Tulare County.

9.                  Appoint Carmen Moreno, as Director, to the East Orosi Community Services District for a short term ending December 2, 2011.

Child Support Services

10.             Approve an agreement with ACTION SERV to provide process service for the Department of Child Support Services. Authorization to spend up to $200,000 for the length of the agreement and each mutually agreed upon extended period as identified in the agreement.


Cooperative Extension

11.             Ratify and approve an agreement with the California Department of Food and Agriculture (CDFA) in the amount of up to $16,758 for providing services in the support of Tulare County Weed Management Area for Detection, Eradication and Containment of Yellow Starthistle (YST) at the Eastern Leading Edge of the Sierra Nevada Foothills of Tulare County, retroactive to January 1, 2011 through December 31, 2011. Find that the Board had authority to enter into the proposed agreement as of January 1, 2011 and that it was in the County's best interest to enter into the agreement on that date. Authorize the Chairman to sign the Form CCC-307 (Contractor Certification Clauses).

County Administrative Office/General Services/Property Management

12.             Ratify and approve a Memorandum of Understanding between the County of Tulare and the Superior Court of California, County of Tulare to provide the County with access to the Court's Sustain Case Management System for the period of December 15, 2010 through September 7, 2012 for $1,358 per license totaling $211,848. Find that the Board had authority to enter into the proposed agreement as of December 15, 2010 and that it was in the County's best interest to enter into the agreement on that date.

13.             Ratify and approve the Lease Agreement with Exeter District Ambulance, CHL EMS Inc. dba American Ambulance of Visalia, and American Medical Response West dba Mobile Life Support for space located at 32490 Hwy 198, in the community of Lemon Cove with the term commencing August 17, 2010 and continue month to month through June 30, 2011. Find that the Board had authority to enter into the proposed Agreement as of August 17, 2010 and that it is in the County's best interest to enter into the Agreement as of that date.

District Attorney

14.             Approve acceptance of funding for In-Home Supportive Services Fraud Investigation and Program Integrity Efforts in the amount of $137,058 through the State of California, Health and Human Services Agency, Department of Social Services from July 1, 2010 through June 30 2011. Find that the Board had authority to accept the funding as of July 1, 2010 and that it was in the County's best interest to accept the funding on that date.

Fire Department

15.             Waive the final reading and adopt an Ordinance amending the Tulare County Ordinance Code pertaining to 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 to post a certified copy of the adopted Ordinance in the office of the Clerk of the Board and publish a summary within 15 days of adoption pursuant to Government Code Section 25124 (b) (1).

16.             Approve an amendment to Agreement No. 21787 with the Strathmore Fire Protection District for fire protection services to become effective on the date the agreement is signed and to be renewed annually unless terminated by either party upon 30 days written notice.

Health & Human Services Agency

17.             Reaffirm the declaration of state of emergency pertaining to flooding set out in Resolution No. 2010-1016 and adopted December 21, 2010.

18.             Ratify and approve an agreement with Parenting Network, Inc. for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their district, retroactive to July 1, 2010 through June 30, 2012. 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 an amendment to Agreement No. 24078 (SC38632-09-03 Subcontract Agreement Number) with the California State University, Fresno Foundation for the Central California Regional Obesity Prevention Program (CCROPP), to extend the agreement, which was previously scheduled to end on June 30, 2010, to December 31, 2010. Find that the Board had the authority to enter into the proposed agreement as of June 30, 2010 and that it was in the County's best interest to enter into the amendment on that date.

20.             Ratify and approve the acceptance of the grant award from the State of California Department of Alcohol & Drug Programs, S State Grants (4th year of a 4-year grant agreement) in the amount of $150,000 to address prevention needs of children and youth who exhibit a high rate of drinking behavior and whose parents/caregivers abuse alcohol and other drugs, retroactive to October 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of October 1, 2010 and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

21.             Ratify and approve a Side Letter of Understanding between the County of Tulare and the Tulare Deputy Sheriff's Association, Units 13 & 15, retroactive to November 3, 2010. Find that the Board had authority to enter into the proposed agreement as of November 3, 1010 and that it was in the County's best interest to enter into the agreement on that date.

Information Technology

22.             Approve an amendment to Agreement No. 14242 with Consultants to Government and Industry Inc. for additional 50 Business Objects XI (BOXI) licenses used within the AFIN application, the County's financial system.


Resource Management Agency

23.             Accept the work for construction of the Asphalt Concrete Overlay on Avenue 384 from State Route 99 to Road 80 Construction Project as complete by Glen Wells Construction Company, Incorporated of Visalia, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

24.             Accept the work for construction of the Asphalt Concrete Overlay on Avenue 232 and Road 56 Construction Project as complete by W. Jaxon Baker, Incorporated of Redding, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

25.             Accept the work for construction of the Asphalt Overlay on Avenue 56; Road 232; Diagonal 134 and Avenue 192 Construction Project as complete by W. Jaxon Baker, Incorporated of Redding, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

26.             Find that the Mitigated Negative Declaration for the Mountain Road M319 Bridge Replacement Project (State Clearinghouse #2010111046) has been completed in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Find that significant impacts could result from the project, but are mitigated to a level that is less than significant by project features or deliberate mitigation measures. Approve and adopt the Mitigated Negative Declaration. Approve and adopt the Mitigation Monitoring Plan included in the Mitigated Negative Declaration. Authorize the Chairman to sign the Notice of Determination. Direct the Clerk of the Board to return the signed Notice of Determination to the Resource Management Agency for posting with the County Clerk.

27.             Consent to the City of Porterville's acquisition of property located in Tulare County's jurisdiction along the west side of Road 226 (Lombardi Street) south of Avenue 168 (Castle Avenue) alignment for maintenance and operation of City road improvements.

28.             Ratify and approve the submission of a grant application to the Highway Safety Improvement Program (HSIP) for improvement to Road 204 (Spruce Road) between Avenue 273 (List Avenue) to Avenue 276 (Firebaugh Avenue), east of the City of Exeter, in the amount of $204,500. Authorize the Assistant Director, Public Works to sign the grant application. Find that the Board had the authority to submit the grant application as of December 9, 2010 and that it was in the County's best interest to submit the grant application on that date.

29.             Authorize the submittal of an application to the Tulare County Association of Governments, in the amount of $345,000, for Congestion Mitigation and Air Quality funding to purchase and install five (5) diesel engine retrofits. Authorize the Assistant Director, Public Works to sign the grant application.

30.             Ratify and approve the General Lease for Public Agency Use with the California State Lands Commission for the Kings River Bridge on Avenue 416, retroactive to October 29, 2010. Find that the Board had the authority to enter into the General Lease for Public Agency Use as of October 29, 2010 and that it was in the County's best interest to execute the lease on that date.

31.             Authorize submittal of a 2011 Caltrans Transportation Enhancement (TE) application for $278,625 to provide street enhancements in the community of Pixley. Authorize the Chairman of the Board of Supervisors to sign the completed application and accompanying documents on behalf of the County. Authorize the Resource Management Agency Director or designee to act on the Agency's behalf in all other matters pertaining to the application. Authorize the Chairman of the Board to act on behalf of the County, to execute in the name of the County of Tulare, the Standard Agreement, with the State of California, subject to County Counsel review and approval, and any and all other documents or instruments necessary or required.

32.             Approve an Operation and Maintenance Agreement with the City of Tulare for a portion of Avenue 248 (Cartmill Avenue) between "J" Street and Road 94 (Sacramento Street) northeast of the City of Tulare.

33.             Reclassify the Chief Building Official, Position No. 5912, to Building & Housing Manager, At-Will.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

34.             Approve commitment and expenditure of Tulare County Redevelopment Agency funds in the amount of $28,625 from the Pixley Project Area to be used as local match for the 2011 Caltrans Transportation Enhancement (TE) Application. Find that leveraging financial resources for the Pixley TE grant is: (a) consistent with the adopted Redevelopment Plan for Pixley; (b) implements the affected redevelopment plans by providing a safer and more aesthetically pleasing downtown business district; (c) is consistent with the current Implementation Plan adopted in 2010, pursuant to Health and Safety Code 33131 (a) and (c) and 33133; and (d) will directly benefit low or moderate-income persons. Find that there is no other reasonable and available means of financing the local match for proposed activities, and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Retirement

35.             Authorize the fourth, fifth, sixth, eighth, ninth and alternate retired members of the Board of Retirement to receive compensation at a rate of not more than $100 per meeting, or for a meeting of a committee authorized by the Board of Retirement, for not more than five meetings per month, together with actual and necessary expenses for all members of the Board of Retirement.

Sheriff/Coroner

36.             Ratify and approve an amendment to Agreement No. 22879 with Global Tel*Link retroactive to November 1, 2010 and extending through October 31, 2012. Find that the Board had the 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.

37.             Find that the immediate access to funds for emergency drug enforcement expenses may be necessary for the Sheriff's Department investigators working in field operations for the South Valley Marijuana Suppression Program. Approve the establishment of the revolving checking account in the amount of $10,000 to be used by the Sheriff's Department for the South Valley Marijuana Suppression Program.

38.             Approve the fixed-asset purchase of a Digital Body Wire Surveillance Device in an amount not to exceed $21,500.

39.             Approve the fixed-asset purchase of a Surveillance Camera in an amount not to exceed $9,000. Authorize the necessary budget adjustments. (4/5ths vote required)

Workforce Investment Board

40.             Accept the High Concentration of Eligible Youth Grant Award of $83,000 to serve disabled youth 17-19 years of age. This is a modification to Workforce Investment Board, Employment Development Department K178698 subgrant agreement. 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

 

41.             Receive a report regarding asphalt contract overlay projects (contracted work) completed by the Resource Management Agency.

42.             Request from the 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 of Supervisors to publish the adopted ordinance within 15 Days of adoption in accordance with state law.

(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: Clark vs. County Of Tulare, Bill Wittman, United States District Court, Eastern District of California, Case No. CV-F-09-2106 LJO JLT

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 No. 10-234837

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: 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 D

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...