MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS - Chairman

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


February 15, 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.                  8:00 a.m. Conference Call with Tulare County Supervisors Ishida, Vander Poel and Ennis and Fresno County Supervisors Anderson, Case, Larson and Poochigian to discuss and review insurance policies for the San Joaquin Valley Insurance Authority and approval for staff to purchase insurance such as, but not limited to, Crime Bond, Fiduciary Liability, Special Liability-Errors and Omissions, Personal Injury and Property Damage.

2.                  Recognize Judy Fussel as the Visalia YMCA 2010 Person of the Year.

3.                  Recognize Tulare County Fire Department Lt. Jared Smith as the recipient of the 2010 Central Valley Fire Chiefs Association Firefighter of the Year.

4.                  Recognize Gabe Cano for his service as President of the Latino Peace Officers Association.

5.                  Public Comments.

6.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

(Consent Calendar)

CONSENT CALENDAR (Number 7 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.

 

Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters

7.                  Authorize the Tax Collector to offer for Sale by Agreement on May 9, 2011 of tax defaulted property to Alpaugh Unified School District, subject to the Power to Sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

8.                  Authorize the Tax Collector to offer for Sale by Agreement on May 9, 2011 of tax defaulted property to the City of Tulare Redevelopment Agency, subject to the Power to Sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

9.                  Authorize the submittal of a grant application to the Secretary of State of California for Federal Help America Vote Act (HAVA) grant funding in the amount of $250,000 to assist the County with Polling Place Accessibility.

Board of Supervisors

10.             Ratify the following Proclamations: Honoring the Tulare County Historical Society for its efforts to Preserve the Charter Oak Tree Monument; Honoring Scot Townsend for his Service to the City of Lindsay; and Recognizing Sam Imoto as the Visalia YMCA Person of the Decade.

11.             Appoint Lt. John Weller, Sheriff's Department, Primary Member, Seat #25 and Lt. Lorenzo Micari, Sheriff's Department, Alternate Member, Seat #25 to the Emergency Medical Care Committee to serve at the Pleasure of the Board.

12.             Reappoint Donald Bennett to the Tulare County Museum Board as a member of the Historical Society for a term ending February 13, 2013.

County Administrative Office

13.             Ratify actions taken by the County Administrative Officer during the month of January 2011 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

14.             Ratify and approve a Revocable License for Use of Real Property Agreement between County of Tulare and Superior Court of California for the use of space in the Visalia Courthouse, effective January 11, 2011 and retroactive to December 9, 2008 through December 1, 2015. Find that the Board had authority to enter into the proposed agreement as of January 11, 2011, and that it was in the County's best interest to enter into the agreement on that date.

County Counsel/Risk Management

15.             Award the Workers' Compensation Third Party Claim Administration Service contract to CorVel Corporation effective April 1, 2011 to June 30, 2014 . Approve the Agreement with CorVel Corporation for Workers' Compensation Third Party Claim Administration Service.

District Attorney

16.             Authorize the submission of an application for funding from the U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice & Delinquency Prevention for Fiscal Year 2011 Comprehensive Anti-Gang Strategies and Programs grant in the amount of $750,000 for a 36 month period beginning October 1, 2011.

Fire Department

17.             Ratify and approve the submission of an application for an Assistance to Firefighters Grant Program, Fire Prevention and Safety Grant in the amount of $42,796 for a period of 12 months from the time of award. Find that the Board had authority to enter into the proposed agreement as of February 4, 2011, and that it was in the County's best interest to enter into the agreement on that date.

General Services Department

18.             Approve an adjustment to the Tulare County Fleet Services' budget for Fiscal Year 2010/2011 in the amount of $350,000 related to fuel purchases. Approve the necessary budget adjustments. (4/5ths vote required)

19.             Approve an amendment to Agreement No. 23920 with the Tulare Local Health Care District for leased space located at 1062 South "K" Street in the City of Tulare.

Health & Human Services Agency

20.             Ratify and approve an amendment to Agreement No. 23288 with CF Merced, LLC d.b.a. Country Villa Merced Behavioral Health Center in an amount not to exceed $814,000 to revise the daily rate per Assembly Bill (AB) 2645 for the continued provision of stabilization and long-term maintenance for mentally disabled clients, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter into the proposed amendment as of July 1, 2010, and that it was in the County's best interest to enter into the amendment on that date.


21.             Ratify and approve an amendment to Agreement No. 23267 with Aurora Vista Del Mar Hospital in an amount not to exceed $400,000 to provide short term, inpatient psychiatric services, 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 the signature of the Chairman of the Board on an agreement with Blue Cross of California d.b.a. Anthem Blue Cross, Inc. to allow Tulare County Health & Human Services Agency (HHSA) Physicians to provide Fee for Service comprehensive health care to eligible individuals under the Anthem Blue Cross Medi-Cal Managed Health Care Program (MCMCP), Healthy Families Program and Access for Infants and Mothers (AIM) Program retroactive to January 1, 2011. Find that the Board had the authority to authorize the Chairman of the Board to sign the Agreement with Blue Cross of California d.b.a. Anthem Blue Cross on February 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

23.             Ratify and approve an agreement with Bayfront Youth and Family Services in an amount not to exceed $160,000 to provide a residential program for emotionally disturbed adolescents in Tulare County, 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.

24.             Ratify and approve the acceptance of funds from the California Emergency Management Agency for the Fiscal Year 2010 State Homeland Security Grant Program in the amount of $975,720, retroactive to October 5, 2010 through April 30, 2013. Find that the Board had authority to accept the grant funds as of October 5, 2010, and that it was in the County's best interest to accept the funding on that date.

25.             Approve an agreement with the California Department of Public Health for the California HIV/AIDS Case Reporting System Data Use and Disclosure Agreement, for a term of one (1) year from the date of signing.

26.             Authorize the submittal of a Request for Public Assistance, a Project Application for Federal Assistance, a Project Application for California Disaster Assistance Act Program, and any additional documents necessary for the purpose of obtaining State and/or Federal disaster recovery funds.

Library

27.             Accept a donation of three (3) bronze benches in the amount of $11, 824 from the Friends of the Lindsay Library as a memorial to Ruby Bush to be used at the Tulare County Library, Lindsay Branch.

Resource Management Agency

28.             Approve the designation of a four-way STOP at the Tulare Road and Strathmore Avenue intersection and authorize the installation of STOP signs in accordance with Section 21372 of the California Vehicle Code.

29.             Ratify and approve an amendment to Agreement No. 20827 with Dokken Engineering to complete the design and right of way acquisition work under Task Order 2 and begin design support and construction engineering under Task Order 3 for Construction Phase 2 of the Road 80 widening project. Find that the Board had the authority to enter into the amendment as of October 31, 2010, and that it was in the County's best interest to enter into the amendment on that date. Authorize the Chairman to sign the Amendment, subject to review and approval as to form by County Counsel. Find that the Board had the authority to sign and approve the contract amendment and that it was in the best interest of the County to have Dokken Engineering's work on this project continue uninterrupted.

30.             Ratify and approve the submittal of a 2011 Home Investment Partnerships Program (HOME) Supplemental Project Funding Application in response to the Notice of Funding Availability (NOFA) issued on January 20, 2011, for a combined allocation of funds not to exceed $5,100,000 for the Ivanhoe Family Apartments project located in the community of Ivanhoe. The authorization for submitting the application is retroactive due to the timing of the release of the NOFA and the due date of the application. Find that the Chairman of the Board had the authority to sign the Application Certification as of January 28, 2011, and that it was in the County's best interest to submit the Application as of February 4, 2011. Agree that if the application for funding is approved, the County will use the HOME funds for eligible activities in the manner presented in its application as approved by the Department of Housing and Community Development (HCD) in accordance with Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200. Authorize the Chairman of the Board, or his/her designee(s) to execute, in the name of the County of Tulare, the Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by HCD or the United States Department of Housing and Urban Development (HUD) for participation in the HOME program.

31.             Review and approve the submittal of the Neighborhood Stabilization Program 3 (NSP3) Action Plan in the amount $2,845,529 to the U.S. Department of Housing and Urban Development (HUD). Find that Citizen Participation requirements were met during the development of the Action Plan. Adopt the NSP3 Rehabilitation and New Construction Standards. Authorize and direct the Chairman of the Board to sign the completed Action Plan and accompanying documents on behalf of the County. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this Action Plan. Authorize the Chairman of the Board, or his/her designee(s), to execute, in the name of the County of Tulare, the Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by HUD for participation in the NSP3 program, subject to County Counsel approval as to form. Authorize and direct the Community Development Manager to submit Funds Requests and other program-supporting documentation.

Sheriff/Coroner

32.             Approve the fixed asset purchase of five (5) replacement Patrol Vehicles in the amount of $115,100 to be purchased with funds from the Sheriff's Vehicle Replacement Trust Fund 510. Approve the necessary budget adjustments. (4/5ths vote required)

33.             Accept grant funding in the amount of $224,524 from the State Homeland Security Program for public-safety communication enhancements and $199,167 for a fixed-wing aircraft for law enforcement. Approve the sole-source purchases of five (5) Trak Global Positioning Devices and one (1) Flight Design CTLS Aircraft. Authorize the Purchasing Agent to waive the bid process for the sole-source purchase for the GPS devices and aircraft and to sign contract documents related to the purchases. Approve fixed-asset purchase of "voting comparator" equipment. 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

 

34.             Request from County Administrative Office to adopt a calendar for the 2011 redistricting process. Approve creation of a 2011 Redistricting Advisory Committee to advise the Board on redistricting. Approve the Bylaws for the 2011 Advisory Committee on Redistricting.

35.             Request from County Administrative Office to ratify and approve an amendment to Agreement No. 17700 with the City of Visalia to authorize the appropriation of $17,258 for the payment for contracted Hazardous Material Response Team, retroactive to January 1, 2011 through June 30, 2011. Find that the Board had authority to enter into the proposed amendment as of January 1, 2011, and that it was in the County's best interest to enter into the amendment on that date. Authorize the Chairman of the Board to sign the amendment, subject to the review and approval as to form by County Counsel.

(Closed Session)

 

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

 

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: William Shearer vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ3853239

Next Item(s) Sitting as...

ITEM B

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 C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Golden, Michael vs. County of Tulare, et al.

United States District Court Eastern District of California Case Number: 1:09-CV-00263-OWW-DLB

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Steven Thompson vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ2335030

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. Bruce K. Belknap, et al.

Tulare County Superior Court Case Number 10-235868

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: 1

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: 2

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

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: 1

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...


ITEM K

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 Environmental Impact Report

Next Item(s) Sitting as...

ITEM L

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 1331 S. O Street Tulare CA

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Tulare Athletic Boxing Club of Tulare

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM M

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 N

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

Next Item(s) Sitting as...

ITEM O

CONSIDER EMPLOYEE PERFORMANCE EVALUATIONS FOR THE POSITIONS OF:

Details

Board Representative and Media Officer

(Government Code Section 54957)

Next Item(s) Sitting as...

ITEM P

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...