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 AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

 

April 26, 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 Ray R. Moreno upon his retirement from the Resource Management Agency for his 31 years of County service.

2.                  Adopt a resolution proclaiming the month of May 2011 as "Mental Health Awareness Month" in Tulare County.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from the Probation Department to approve increasing installment fees to $55.00, for the processing of payments made in installments to the Probation Department, effective July 1, 2011.

6.                  PUBLIC HEARING: Request from the Health and Human Services Agency to approve the adoption of fee adjustments for Tulare County Health & Human Services Agency, Health Services, California Children Services and Child Welfare Services for Fiscal Year 2011/2012, effective July 1, 2011.

7.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt the proposed Planning and Development fee adjustments as listed in the 2011-2012 Summary of Proposed Fees in accordance with Health and Safety Code Section 17951 and Government Code Sections 54986, 65909.5, 66014, 66016 and 66451.2, effective July 1, 2011.

8.                  PUBLIC HEARING: Request from the Auditor-Controller/Treasurer-Tax Collector/ Registrar of Voters to approve the adoption of the proposed fee schedule for Fiscal Year 2011/2012, effective July 1, 2011.

(Consent Calendar)

CONSENT CALENDAR (Number 9 through 48)

 

 

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.

 

 

Assessor/Clerk-Recorder

9.                  Authorize Tulare County Purchasing Agent to amend the contract fee allowance from the standard $100,000 maximum to $150,000 maximum for Agreement No. 5247 with Harold W. Bertholf, Inc. for providing consulting services.

Board of Supervisors

10.             Ratify a Proclamation recognizing Kathy Fletcher as the 2011 Common Threads Awards Recipient.

11.             Reappoint George McEwen to the Tulare County Pest Control District for a term ending April 23, 2015.

12.             Appoint Kim Behrens to the Emergency Medical Care Committee, College-Alternate position, to serve at the Pleasure of the Board.

13.             Appoint John Binaski to the Ambulance Independent Compliance Committee, County Fire Chief's Association position for a term ending December 31, 2012.

14.             Appoint to the Board of Directors on the Pixley Public Utility District for a term ending December 7, 2012.

County Administrative Office/Capital Projects/Facilities

15.             Rescind Resolution No. 2010-0686. Approve an agreement with the California Department of Water Resources for the County of Tulare Disadvantaged Community Water Study Project in an amount not to exceed $2,000,000 from May 1, 2011 through August 31, 2014.

16.             Approve sending a letter of support for AB 983 (Perea) which would allow the Drinking Water State Revolving Fund to provide project funding up to 100% for severely disadvantaged communities. Allows prioritization of consolidation projects based on the community with the most pressing need regardless of primary project applicant. Modifies allowable capacity measurements and requires electronic reimbursement of invoices.

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

18.             Remove Deborah Vaughn as the Alternate Member to the Upper Kings Basin Integrated Regional Water Management Authority. Appoint Denise Akins as the Alternate Member to the Upper Kings Basin Integrated Regional Water Management Authority.

19.             Approve the replacement of the existing Energy Management System at the Visalia Health Care Center, as identified in the 2011 Facilities Improvement Plan. Waive the competitive bid process and authorize the purchase and installation of a new proprietary Schneider Electric I/A Energy Management System. Authorize the Purchasing Agent to execute any and all public works contracts and agreements necessary with Servi-Tech Controls, the sole source provider for this region, to successfully complete the project.

20.             Award the contract for the Bob Wiley Detention Facility Chillers Installation Project to the lowest responsible bidder, EMCOR Services/Mesa Energy Systems, 4668 N. Sonora, Fresno, Ca 93722 in the amount of $60,840. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification and contract, subject to review and approval as to form by County Counsel.

21.             Approve the deletion of administrative Regulation No. 11. Approve the deletion of Administrative Regulation No. 26 for Unrepresented employees upon Board action and for other units pending completion of meet and confer. Find that there is no need to revise Administrative Regulations No. 22 and No. 29 at this time.


General Services

22.             Approve the deletion of one Print & Mail Supervisor position and the addition of one Print & Mail Operator I Position, effective July 3, 2011. Direct General Services and Human Resources & Development to initiate the layoff process, issue required notices and meet and confer with the impacted union.

23.             Approve an Amendment to License Agreement No. 15571 with the Tulare Athletic Boxing Club of Tulare, formerly known as Tulare Boxing Association, for the real property located at 1331 South "O" Street in the City of Tulare, subject to review and approval as to form by County Counsel.

Fire Department

24.             Approve an agreement with Ivanhoe Volunteer Fire Fighters Association to donate two obsolete fire vehicles for redistribution to a fire department in Mexico.

Health & Human Services Agency

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

26.             Approve an amendment to Agreement No. 23831 with the State of California, Department of Water Resources to extend the term of the agreement from May 15, 2011 to May 15, 2012, in an amount not to exceed $249,984 to develop and implement a project for the management of historical and future groundwater data.

27.             Ratify and approve an Agreement with Unilab Corporation d.b.a. Quest Diagnostics in an amount not to exceed a maximum of $150,000 for the provision of clinical laboratory 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.

28.             Authorize the submission of a grant application to Target Stores for funding in the amount of $4,000 to purchase books for the Reach Out and Read Program in our County Healthcare Centers.

29.             Approve the adjustment in the fixed asset line and Fiscal Year 2010/2011 Budget for the purchase of software, services, and hardware to accomplish the implementation of the upgrade of the GE Electronic Medical Records and Patient Management system, in an amount not to exceed $250,000. Approve the necessary budget adjustments. (4/5ths vote required)

30.             Approve the adjustment in the fixed asset line and Fiscal Year 2010/2011 Budget in the amount of $20,000 for the purchase of telepsychiatry equipment. Approve the necessary budget adjustments. (4/5ths vote required)

 


31.             Ratify and approve an Agreement with the California Department of Public Health, Office of AIDS, for the AIDS Drug Assistance Program in the amount of $2,491, 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.

Information Technology

32.             Approve the License Agreement for iOS Developer Program with Apple. Authorize the Information Technology (IT) Director to accept the terms and conditions of the License Agreement for iOS Developer program with Apple.

Probation

33.             Introduce and waive the first reading of an Ordinance amending Section 05-05-1105 of Article 5 of Chapter 5 of Part V of the Ordinance Code, pertaining to the designation of camp beds in the Probation Department's Juvenile Detention Facility. Direct the Clerk to publish and post a summary of the Ordinance before the second reading as required by law.

34.             Approve the submission of an application for continued grant funding for the Juvenile Justice Crime Prevention Act to the State of California Corrections Standard Authority, in the amount of $1,084,763, for the period of July 1, 2011 through June 30, 2012. Authorize the Board Chairman to submit and/or to sign the County's application for approval for the County's Comprehensive Multi-agency Juvenile Justice Plan. Assure that the County of Tulare's Comprehensive Multi-agency Juvenile Justice Plan has been developed, reviewed, and provided to the Corrections Standard Authority (CSA) in a format determined by the CSA. Assure that the County of Tulare's Board of Supervisors and the Juvenile Justice Coordinating Council review and approve the County's Comprehensive Multi-agency Juvenile Justice Plan. Assure that the County of Tulare will adhere to the requirements of the Juvenile Justice Crime Prevention Act (Chapters 353 and 475 of the Government Code) regarding the submission of the Comprehensive Multi-agency Juvenile Justice Plan application or revision, investment of allocated monies, including any interest earnings, expenditure of said funds, and the submission of required reports to the CSA.

Resource Management Agency

35.             Approve an amendment to Agreement No. 24430 with Central Valley Christian Housing Development, Inc. to increase the amount of the Agreement from $800,000 to $1,800,000 for the implementation of Neighborhood Stabilization Program (NSP1) funds provided by the State of California, Department of Housing and Community Development Grant No. 09-NSP1-6270.

36.             Approve a Program Supplement No. N051 to Administering Agency-State Agreement for Federal-Aid Project No. 06-5946R for construction of Road 80 from Avenue 384 to south of Avenue 416 (El Monte Way) in the City of Dinuba, subject to review and approval as to form by County Counsel.

 

37.             Approve an agreement with the Lindsay-Strathmore Irrigation District and Strathmore Public Utility District, for the transfer and conveyance of water, subject to review and approval as to form by County Counsel. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

38.             Adopt the Revision of Mileage of Maintained County Roads identifying that Tulare County maintained mileage is 3041.37 miles as of December 31, 2010. Direct the Clerk to the Board of Supervisors to return to the Resource Management Agency a certified copy of the resolution to be filed with Caltrans.

39.             Approve an Escrow Agreement for Security Deposits in Lieu of Retention for the Hillman and Road 108 Widening project.

40.             Adopt the Negative Declaration, prepared pursuant to the provisions of the California Environmental Quality Act, for the Orosi Landfill Closure Project, State Clearing House Number 2009111058. Authorize the Chairman of the Board of Supervisors to sign the Notice of Determination. Direct the Clerk of the Board to file the signed Notice of Determination with the County Clerk within five (5) days pursuant to California Public Resources Code Section 21152. Approve the Plans, Special Provisions, Proposal and Contract for the Construction of the Orosi Landfill Closure Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids for the Construction of the Orosi Landfill Closure Project. Set the bid opening date for Thursday, June 2, 2011, at 2:00 p.m.

41.             Approve Program Supplement No. H88 to Administering Agency-State Agreements for State Funded Projects No. 00120S for funding the construction of the Road 108 Widening Project from the Tulare Irrigation District Canal to Caldwell Avenue, subject to review and approval as to form by County Counsel.

42.             Introduce and waive the first reading of an Ordinance amending Parts II B and II G of Section 16 of uncodified Tulare County Zoning Ordinance No. 352 as amended pertaining to the deletion of Non-Commercial Kennels by Special Use Permit and establishing Non-Commercial Kennels as an Administrative Use Permit and adding Public Works staging areas for public projects through Administrative Use Permits. Approve the Summary 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.

43.             Introduce and waive the first reading of an amendment to Tulare County Zoning Ordinance No. 352 for Change of Zone No. PZ 09-004 requested by Pena's Disposal, from the AE-20 (Exclusive Agricultural - 20 acre minimum) Zone to M-1 (Light Manufacturing), on an 18 acre site located on the northeast corner of Avenue 408 and Road 120, west of the community of Cutler. Set a Public Hearing for May 10, 2011 at 9:30 a.m.


ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

44.             Approve and ratify Grant of Easement to Southern California Gas Company, for Installation of Gas Facilities at 15884 Jasmine Avenue, Ivanhoe, California, retroactive to April 11, 2011. 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. Find that the Chairman of the Board of Directors had authority to sign the Grant of Easement as of April 11, 2011 and it was in the County's best interest to sign the Grant of Easement on that date. 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

Workforce Investment Board

45.             Accept a modification to Agreement No. 24616-1 for additional grant funding in the amount of $303,116 from the State of California's unilateral modification of Employment Development Department for the Program Year 2010-2011 for a pilot project to develop a training program for Promotores, also known as community health workers. Approve the necessary budget adjustments. (4/5ths vote required)

46.             Accept a modification to Agreement No. 24616-1 for additional grant funding in the amount of $85,723 from the State of California's unilateral modification of Employment Development Department, to serve 19 eligible dislocated workers. Approve the necessary budget adjustments. (4/5ths vote required)

47.             Ratify and approve an Agreement in the amount of $115,041 with the State of California Employment Training Panel, for training services focusing on current employees in the manufacturing sector, retroactive to December 8, 2010 through December 30, 2012. Find that the Board had authority to enter into the proposed agreement as of December 8, 2010 and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote required)

48.             Approve an Agreement with Kern Community College District High Growth Emerging Industries to provide training services for power technician from April 27, 2011 through February 28, 2013. Authorize the Chairman of the Board of Supervisors and the Workforce Investment Board Director to sign on behalf of the County of Tulare. Approve the necessary budget adjustments. (4/5ths vote required)

(Items Not Timed)

 


 

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: County of Tulare vs. Jeffrey Allen Prins, et al.,

Tulare County Superior Court Case Number: 10-144183

Next Item(s) Sitting as...

ITEM B

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

Details

(Government Code Section 54957.6)

FOR THE POSITION OF: County Counsel

Next Item(s) Sitting as...

ITEM C

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

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