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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

March 22, 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.                  Recognize Don Gallian upon his Retirement from the District Attorney's Office for his 29 years of County Service.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Auditor-Controller/Treasurer-Tax Collector to consider whether the property described in the Tax Deed to Purchaser of Tax-Defaulted Property filed on April 19, 2010 between the Tax collector and Benny Perry, Michal Perry and Nahum E. Blumenshtain should not have been sold by the Tax Collector at the 2010 Tax Sale of Tax-Defaulted Property.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to authorize submittal of a 2011 Community Development Block Grant (CDBG) Economic Development (ED) Allocation Application. Authorize submittal of a 2011 CDBG ED Allocation application for up to $500,000 from the Enterprise Fund Component, in the following amounts: General Administration $37,500, Microenterprise Assistance $416,250, Microenterprise Assistance Activity Delivery $46,250. Authorize the Chairman of the Board of Supervisors to sign the completed application and accompanying documents on behalf of the County. Authorize the County Administrative Officer to act on the County'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 and any amendments thereto, any and all other documents necessary or required for participation in the grant 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.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

6.                  Request from Resource Management Agency to authorize the commitment and expenditure of Tulare County Redevelopment Agency funds in the amount of $21,000 from the Goshen Redevelopment Project Area, to be used as local match for the grant application. Find that leveraging financial resources for community improvements: (a) is consistent with the adopted Redevelopment Plan for Goshen; (b) implements the affected redevelopment plan by assisting in the eradication of physical blight caused by deteriorated streets, a lack of lighting and the eradication of economic blight caused by a lack of opportunities; (c) is consistent with the current Implementation Plan adopted in December 2010, pursuant to Health and Safety Code 33490, 33131 (a) and (c) and 33133; and (d) will directly benefit low- or moderate-income persons. Find that there are no other reasonable or available means of financing the local match for the proposed activities, and that the County does not have funding available for these purposes.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

 

 

CONSENT CALENDAR (Number 7 through 35)

 

 

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.

 

 

County Administrative Office

7.                  Rescind Resolution No. 2006-0666 regarding Assembly Bill 1234 Mandatory Ethic Training for public officials. Approve Administrative Regulation No. 39 - Assembly Bill 1234 Mandatory Ethics Training.

8.                  Appoint the following individuals to the 2011 Redistricting Advisory Committee:

District One

 

District Two

Newell Bringhurst

 

John Hobbs

Bernice Doan

 

Mike Watson

 

 

 

District Three

 

District Four

Phillip Bourdette

 

Lewis Mann

Stephen Peck

 

Maggie Florez

 

 

 

District Five

 

At-Large Member

Michael Carley

 

Mary Burbery

Richard Eckhoff

 

 

 

General Services

9.                  Approve the Grant Application and the Agreement with the State of California Department of Boating and Waterways in an amount up to $50,000 to purchase equipment and two (2) patrol jet skis and trailers. Approve the purchase ot two (2) Fixed Assets. Approve the necessary budget adjustments. (4/5ths vote required)

Health & Human Services Agency

10.             Reaffirm the Declaration of State of Emergency pertaining to flooding set out in Resolution No. 2010-1016 and adopted on December 21, 2010.

11.             Ratify and approve an amendment to Agreement No. 23248 with Golden State Health Centers, Inc. d.b.a. Sylmar Health and Rehabilitation Center in an amount not to exceed $1,000,000 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.

12.             Ratify and approve an amendment to Agreement No. 23578 with JDT Consultants, Inc. in an amount not to exceed $467,000 to provide Therapeutic Behavioral Services (TBS), 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.

13.             Ratify and approve an amendment to Agreement No. 23800 with Ariah R. Whisenhunt, M.D. to provide telepsychiatry services, in an amount not to exceed $250,000, retroactive to February 19, 2011 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of February 19, 2011, and that it was in the County's best interest to enter into the agreement on that date.

14.             Ratify and approve an amendment to Agreement No. 24667 with Family Builders Foster Care, Inc. in an amount not to exceed $250,000 to provide Therapeutic Behavioral Services, 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.

15.             Ratify and approve an amendment to Agreement No. 24699 with Staff Care, Inc. in an amount not to exceed $750,000 to provide Locum Tenens (temporary Substitute) Providers, retroactive to July 1, 2010 through June 30, 2013. 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.

16.             Ratify and approve an agreement with Visalia Unified School District for a clinical training program for students enrolled in licensed vocational nursing classes, 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.

17.             Ratify and approve an agreement with Parenting Network, Inc. in an amount not to exceed a total of $150,000 for the expansion of postpartum depression program services for the Perinatal Wellness Program (PWP) 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.

18.             Ratify and approve an agreement with Family Services of Tulare County, Inc. in an amount not to exceed a total of $150,000 for the expansion of therapeutic services for the Perinatal Wellness Program (PWP) 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.

19.             Ratify and approve the acceptance of funds from the California Emergency Management Agency for the Fiscal Year 2009 State Homeland Security Grant Program in the amount of $965,922, retroactive to September 30, 2009 through April 30, 2012. Find that the Board had authority to accept the grant funds as of September 30, 2009, and that it was in the County's best interest to accept the funding on that date. Approve the Agreements between Tulare County Health & Human Services Agency and the Sub-recipients of the Fiscal Year 2009 Homeland Security Grant Program: Cities of Dinuba, Farmersville, Lindsay, Porterville, Tulare, Visalia, and Woodlake.

20.             Approve the purchase of sputum induction booth for Tulare County Health & Human Services Agency, Public Health Division, Tuberculosis Control Program to ensure safe sputum induction for a person with suspected or known infectious Tuberculosis. Approve the necessary budget adjustments. (4/5ths vote required).

21.             Approve grant awards to providers from the Promoting Safe and Stable Families (PSSF) funds as recommended by the Children's Service Network for County Fiscal Year 2010-2011 as follows: Aspiranet, $120,000 - Pre/Post Adoption Services; CASA, $37,000 - Children's Advocates; Parenting Network, $89,000 - Respite Care; Cutler/Orosi Family Resource Center, $74,919 - Differential Response; Lindsay Family Resource Center, $74,919 - Differential Response; Parenting Network Family Resource Center, $89,419 - Differential Response; and Woodlake Family Resource Center, $74,919 - Differential Response.

22.             Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Capital Facilities and Technology, Technology Plan to the State Department of Mental Health. Authorize the Tulare County Director of Mental Health to accept additional funding of $3,500,000 upon approval of the Plan by the State Department of Mental Health. Approve the necessary budget adjustments. (4/5ths vote required).

Human Resources & Development

23.             Endorse a County sponsored Wellness Fair for all Tulare County employees. Authorize employees who are working during Fair's hours to attend on County time, subject to coordination and approval of their department to assure that services continue to be provided. Grant authorization to seek donations and sponsorships to fund the 2011 Wellness Fair. Grant authorization to accept donations and spend them on the Wellness Fair, not to exceed $15,000 for expenses such as the convention center rental, fitness aids, healthy refreshments, printing and related program costs. Authorize additional funding, if necessary and as required from Tulare County's health education and training funds held by the CSAC-EIA and disbursed on the direction of the County's Risk Manager.

Information Technology

24.             Approve the Services and Fixed Asset purchases of NetApp devices and drives, not to exceed $354,971, to expand the data backup and recovery system.

25.             Approve the purchase of software, services, and hardware to accomplish the implementation of the network identity management tools for the County of Tulare, not to exceed $166,845, subject to the approval by California Health and Human Services Agency, Office of Systems Integration (OSI) of the Advanced Planning Document (APD). Authorize the Chairman of the Board to sign two (2) copies of the Agreement with NovaCoast, Inc. Authorize the Chairman of the Board to sign two (2) copies of the Exhibit A, Identity Management - User Provisioning Statement of Work. Approve the necessary budget adjustments. (4/5ths vote required)

 

 

Probation

26.             Ratify and approve the submission of an application for Federal Formula Grant funds, administered by the Corrections Standards Authority, for Probation and Court Based Alternatives in the amount of $86,625 with a $4,612 match for the period of July 1, 2011 through June 30, 2012. Ratify and approve the Chief Probation Officer's signature, on behalf of the Chairman. Find that the Board had authority to submit the application for grant funds on February 24, 2011, and that it was in the County's best interest to submit the application on that date.

Resource Management Agency

27.             Introduce and waive the first reading of an Ordinance adding Chapter 25 to Part 1 Government and Administration of the Ordinance Code of Tulare County, Pertaining to County Traffic Facilities Impact Fees in the Incorporated and Unincorporated Areas of Tulare County. Set a Public Hearing for April 5, 2011. Approve the Summary of the Ordinance and direct the Clerk of the Board to publish the summary and post a certified copy of the complete ordinance five (5) days prior to the Ordinance adoption.

28.             Introduce and waive the first reading of an Ordinance adding Chapter 27 to Part 1 Government and Administration of the Ordinance Code of Tulare County, Pertaining to County Public Facilities Impact Fees in the Incorporated and Unincorporated Areas of Tulare County. Set a Public Hearing for April 5, 2011. Approve the Summary of the Ordinance and direct the Clerk of the Board to publish the summary and post a certified copy of the complete ordinance five (5) days prior to the Ordinance adoption.

29.             Introduce and waive the first reading of an Ordinance amending Parts A, C and D of Section 16.2 of the Tulare County Zoning Ordinance No. 352 pertaining to abolishing the Site Plan Review Committee and transferring duties and authority to the Tulare County Planning Commission.

30.             Introduce and waive the first reading of an Ordinance amending Sections 1-03-1585 and 1-03-1590 of Article 11 of Chapter 3 of Part I of the Ordinance Code of Tulare County pertaining to abolishing the Office of Zoning Administrator and transferring duties and authority to the Tulare County Planning Commission.

31.             Adopt a resolution setting out a Policy for Exemption of Certain Basins from County requirements for Surface Mining Permits and Reclamation Plans as submitted by staff.

32.             Authorize submittal of a California Department of Transportation (Caltrans) Environmental Justice: Context-Sensitive Planning (EJ) Grant Application for $189,000 to perform a Community and Transportation Plan in Goshen. Authorize the Chairman of the Board to sign the application 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 application. Authorize the Chairman of the Board, or his/her designee(s), to execute, in the name of the County of Tulare, the Funds Transfer Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by Caltrans for participation in the grant 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.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

33.             Ratify and approve the Tule River Improvement Joint Powers Project Agreement for the Success Dam Seismic Remediation Project between the Tulare County Flood Control District, the Lower Tule River Irrigation District, the County of Kings, the Tulare Lake Basin Water Storage District and the City of Porterville. The term of the agreement is indefinite until terminated by any party. This approval request is retroactive because the Joint Powers Authority did not realize the prior agreement had expired until noted by Resource Management Agency staff. Timely renewal actions were not able to be completed due to approval processing by multiple agencies. Find that the Board had the authority to enter into the Agreement as of July 1, 2010 and that it is in the County's best interest to enter into the Agreement on that date. Authorize the Chairman to sign the Agreement.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

34.             Authorize commitment and expenditure of Tulare County Redevelopment Agency (TCRA) funds in the amount of $70,000 from the Tulare County Redevelopment Project Areas to be used as local leverage for the 2011 Community Development Block Grant (CDBG) Economic Development (ED) Application. Find that leveraging financial resources for Microenterprise Activities in these communities: (a) is consistent with the adopted Redevelopment Plans; (b) implements the affected redevelopment plan by assisting in the eradication of economic blight; (c) is consistent with the current Implementation Plans adopted in 2008, 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 are no other reasonable and available means of financing the local leverage for the proposed activities and that the County does not have available funding for this purpose.

35.             Approve Grant of Easement, to Southern California Edison Company, for Electrical Distribution at 15884 Jasmine Avenue in Ivanhoe, California. Find that the conveyance of this easement is in the public interest and that the interest in land conveyed will not substantially conflict or interfere with the use of the property by the Tulare County Redevelopment Agency pursuant to Government Code Section 25526.6. Authorize the Chairman to sign the Grant of Easement.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Items Not Timed)

 

 

 

 

 

 

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

36.             Request from County Administrative Office to receive the Mid-Year Budget Report for Fiscal Year 2010/2011. Approve proposed schedule for preparation and adoption of the Fiscal Year 2011/2012 Budget, which incorporates a rollover budget as the operating budget (including the capital projects budget) for the period between July 1, 2011 and adoption of the 2011/2012 budget. (4/5ths vote required) Approve the continuance of a hiring freeze providing the County Administrative Office enhanced discretion to hold positions vacant. Adopt the Personnel Resolution to add, delete, reclassify and grant salary increases to designated positions and approve the required job specifications stemming from the Mid-Year Report. Authorize the Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County Administrative Officer, to process budget adjustments resulting from the Mid-Year Budget Report.

(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 - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 3

Threats of litigation regarding the 2010 tax sales of 376 Creek Drive, California Hot Springs, CA (APN: 327-140-018-000)(March 22, 2011 Agenda Item)

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: 1

Proposed Ordinance Adding Chapter 25 to Part 1, Government and Administration, of the Ordinance Code of Tulare County Pertaining to County Traffic Facilities Impact Fees (March 22, 2011 Agenda Item)

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: 1

Proposed Ordinance Adding Chapter 27 to Part 1, Government and Administration, of the Ordinance Code of Tulare County Pertaining to County Public Facilities Impact Fees (March 22, 2011 Agenda Item)

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 3

Objection in the public record to adoption of a policy for exemption of certain basins from County requirements under the Surface Mining and Reclamation Act (March 22, 2011 Agenda Item)

Next Item(s) Sitting as...

ITEM E

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 F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. Eugene Busby; Wanda Busby, et al Tulare County Superior Court Case Number 10-237255

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. James Edward Rogers, Successor Trustee et al Tulare County Superior Court Case Number 10-236126

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: 5

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 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...