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


 

July 12, 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.                  Public Comments.

2.                  Board of Supervisors Matters.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to waive the second reading and adopt 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. Direct the Clerk of the Board of Supervisors to publish the adopted summary of the Ordinance and to post a certified copy of the full ordinance with the names of the Board of Supervisors voting for and against within (15) days of adoption.

4.                  PUBLIC HEARING: Request from Resource Management Agency to waive the second reading and adopt 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. Direct the Clerk of the Board of Supervisors to publish the adopted summary of the Ordinance and to post a certified copy of the full ordinance with the names of the Board of Supervisors voting for and against within (15) days of adoption.

5.                  PUBLIC HEARING: Request from Resource Management Agency to consider sewer and water user fee adjustments for specific County Service Area Zones of Benefit (El Rancho, Delft Colony, Tonyville, Tooleville, Traver, Yettem, and Wells Tract sewer systems, in addition to the Yettem, and Wells Tract water systems). Approve the proposed fees which will be effective August 1, 2011.

6.                  PUBLIC HEARING: Request from Information Technology to consider the adoption of fee adjustments for the Title Companies that choose to access the property system electronically. Adopt the fee recommended and authorize Information Technology to implement the increase in fees effective immediately following adoption.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 49)

 

 

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 the Chairman's execution of the 30-day notice to terminate contract with Hinderliter, De Lamas & Associates.

8.                  Authorize the Auditor/Controller to transfer to the General Fund, pursuant to Government Code 50050, 50053 and 50055, unclaimed funds currently in the Sheriff, Probation and Tax Collector's special fund accounts.

Board of Supervisors

9.                  Ratify a Proclamation to recognize Mary Bejarano upon her Retirement from the Cooperative Extension for her dedication and service to Tulare County.

10.             Appoint Yonok Warson to the Tulare County Youth Commission for a term ending June 24, 2014.

County Administrative Office/Capital Projects

11.             Award the contract for the Civic Center Parking Lot VI Project to the lowest responsible bidder, Elite Landscaping, 2972 Larkin Avenue, Clovis, Ca. 93612 in the amount of $738,610. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, and contract subject to review and approval as to form by County Counsel.

12.             Approve sending a letter of opposition regarding transfer to the Department of Interior National Park Service of the management of the Giant Sequoia National Monument.

District Attorney

13.             Approve an agreement with the State of California, Victim Compensation and Government Claims Board for the Victim Witness Assistance Program in the amount of $164,704 for the period of July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement on July 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 form CCC-307 (Contractor Certification Clauses).

14.             Approve the submission of a grant application from California Emergency Management Agency for an amount not to exceed $296,000 for the Violence Against Women Vertical Prosecution Program to provide continuing funding, from July 1, 2011 through June 30, 2012. Find that the Board had authority to submit the application on June 29, 2011 and that it was in the County's best interest to submit the application as of that date.

General Services

15.             Approve an agreement for Purchase of Right of Way from Frances L. Cutler and Frederick M. Cutler for the Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2B in the amount of $80,000. Authorize the Chairman to sign the agreement upon submission and subject to County Counsel approval as to form. Authorize payments to Lydia Villarreal in an amount not to exceed $25,000 for equipment, fixtures, inventory and an amount not to exceed $20,000 for a business in-lieu relocation payment. Authorize the County Administrative Officer or his designee to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $82,000 in favor of Chicago Title Company.

16.             Approve an agreement for Purchase of Real Property from Leroy A. Giannini for the Avenue 416/Kings River Bridge Replacement Project in the amount of $1500. Authorize the County Administrative Officer or his designee to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $2,500 in favor of Chicago Title Company.

Health & Human Services Agency

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

18.             Ratify and approve an agreement with Sunbridge Harborview Rehabilitation Center in an amount not to exceed $110,000 to provide professional Intensive Day Treatment, Medication Support, Family Therapy, Mental Health, and Targeted Case Management Services for Short-Doyle patients and Medi-Cal beneficiaries of the County's Mental Health Program retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement on July 1, 2012 and that it was in the County's best interest to enter into the agreement on that date.

19.             Ratify and approve an agreement with Cutler-Orosi Joint Unified School District to provide direct skill training to high-risk parents retroactive to July 1, 2011 through June 30, 2014 in an amount not to exceed $170,607 for three (3) years at $56,869 per year. Find that the Board had authority to enter into the proposed Agreement as of July 1, 2011 and that it was in the County's best interest to enter into the Agreement on that date.

20.             Authorization to apply for $2,500 in Department of Health & Human Services (DHHS) Food and Drug Administration (FDA) Funds, for the Pacific Retail Food Cooperative Program.

21.             Ratify and approve the Tulare County Purchasing Agent amending Professional Services Agreement No. 5729 with Rodolfo Vicente, M.D., to increase the maximum amount of the agreement by $25,000 from $100,000 to $125,000 for the provision of providing on-call and specialty medical services for Tulare County Health & Human Services Agency clients, retroactive to July 1,2 010 through June 30, 2011. Find that the Board had authority to amend Professional Services Agreement No. 5729 as of July 1, 2010 and that it was in the County's best interest to amend the Professional Services Agreement on that date. Authorize the Tulare County Purchasing Agent to exceed the established maximum limit of $100,000 for Professional Services Agreements by amending Agreement No. 5729 to increase the maximum amount of the agreement by $25,000 from $100,000 to $125,000.

22.             Ratify and approve an agreement with the County of Fresno, the local Emergency Medical Services (EMS) Agency, to allocate Hospital Preparedness funds in an amount not to exceed $16,250, retroactive from July 1, 2010 to 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.

23.             Ratify and approve an amendment to Agreement No. 24796 with Pena's Disposal Service to establish a Recycle-Only Household Hazardous Waste Collection Facility in the town of Cutler, retroactive to July 1, 2011 through June 30, 2014. Find that the Board had authority to enter into the proposed amendment as of July 1, 2011 and that it was in the County's best interest to enter into the amendment on that date.

24.             Ratify and approve an agreement with Turning Point of Central California, Inc., for the provision of children's mental health services retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed Agreement as of July 1, 2011 and that it was in the County's best interest to enter into the Agreement on that date.

25.             Ratify and approve an amendment to Agreement No. 23832 with Wrime, Inc. to develop a Groundwater Quality Monitoring Plan, retroactive to October 1, 2008 through May 15, 2012. Find that the Board had authority to enter into the proposed Agreement as of October 1, 2008 and that it was in the County's best interest to enter into the Agreement on that date.

26.             Ratify and approve an amendment to Agreement No. 24859 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 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.

27.             Approve the named facilities as facilities designated by the County and approved by the State Department of Mental Health for 72-hour treatment and evaluation. Approve the named classes of persons who may, upon probable cause, take, or cause to be taken, mentally disordered persons described in California W&I Code Section 5150 into custody and place them into a facility described in paragraph 1, for 72-hour treatment and evaluation. Approve the designations under this Resolution effective through June 30, 2012. All previous designations are hereby revoked. Authorize and direct the Clerk of this Board to send certified copies of this Resolution to the Director of each Authorized Facility, the Director of Turning Point of Central California, and the Director of Tulare Youth Services Bureau.

28.             Ratify and approve Purchase Order No. 0000339650 and the acceptance of $6,250 in revenues provided by the University of California - San Francisco for the California Project LEAN (Leaders Encouraging Activity and Nutrition) Sugar Sweetened Beverages grant - Phase II, retroactive to April 30, 2011 through December 31, 2011. Find that the Board had authority to enter in the proposed Purchase Order as of April 30, 2011 and that it was in the County's best interest to enter into the Purchase Order on that date.

29.             Ratify and approve an agreement with Cal/EPA regarding the acceptance and use of grant funds retroactive to January 1, 2010 through March 31, 2013 in an amount not to exceed $104,324. Find that the Board had the authority to enter into the proposed agreement as of January 1, 2010 and that is was in the County's best interest to enter into the agreement on that date.

30.             Ratify and approve an agreement with Turning Point of Central California, Inc. for the Mobile Unit - North County Program in an amount not to exceed $693,313 for the provision of Mental Health Services Act (MHSA) services from July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed Agreement as of July 1, 2011 and that it was in the County's best interest to enter into the Agreement on that date.

31.             Ratify and approve an agreement with Family Services of Tulare County, Inc. in an amount not to exceed $121,850 to provide an intensive supervised visitation program for foster children in Tulare County, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

32.             Ratify and approve an agreement with Liberty Dental Plan of California, Inc. in the amount of $24,000 to provide dental services for the Tulare Healthy Kids 6-18 Program, retroactive to November 1, 2010 through October 31, 2011. Find that the Board had authority to approve the agreement as of November 1, 2010 and that it was in the County's best interest to approve the agreement on that date.

33.             Ratify and approve an agreement with Marin County to act as the host entity of Tulare County over the Medi-Cal Administrative Activities and Targeted Case Management Trust Fund, to collect the appropriate participation fee for Fiscal Years 2010/2011 and 2011/2012, from July 1, 2011 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

34.             Ratify and approve an agreement with Financial Credit Network, Inc. from July 1, 2011 through June 30, 2013 to provide collection services for Tulare County Health & Human Services Agency (HHSA). Find that the Board had authority to enter into the proposed agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

35.             Ratify and approve an amendment to Agreement No. 24233 with the City of Porterville for the Recycle-Only Household Hazardous Waste Program, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

36.             Authorize the submittal of the California Department of Public Health (CDPH) application to the Centers for Disease Control and Prevention (CDC) for the Public Prevention Health Fund: Community Transformation Grants (CTG) CDC-RFA-DP11-1103PPHF11 in the amount of $10 million for the period of September 15, 2011 through September 15, 2012.

37.             Approve the agreement with California Department of Health Care Services (DHCS), for retaining Federal Financial Participation retroactive to February 1, 2010 through October 31, 2015. Find that the Board had authority to enter into the proposed agreement as of February 1, 2010 and that it was in the County's best interest to enter into the agreement on that date.

38.             Ratify and approve an agreement with EMQ Families First, Inc. in an amount not to exceed $451,000 retroactive to July 1, 2011 through June 30, 2012 for the provision of Mental Health Services Act services. Find that the Board had authority to enter into this Agreement on July 1, 2011 and that it was in the County's best interest to enter into the Agreement on that date.

39.             Authorize the Tulare County Director of Mental Health to accept State Department of Mental Health identified Tulare County undistributed Mental Health Services Act funds from fiscal year 2010/2011 and prior fiscal years in the amount of $5,243,400, per Assembly Bill 100. Approve the necessary budget adjustments. (4/5ths vote required).

40.             Ratify and approve an amendment to Agreement No. 24415 with Tulare County Office of Education (TCOE) in an amount not to exceed $189,612 to address prevention needs of children and youth who are at an increased risk for suicidality, for the period of July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

41.             Authorize the submittal of a Safe Routes to School grant application to the State of California (Caltrans) to construct pedestrian improvements in the amount of $282,000 in the vicinity of the John J. Doyle Elementary School, East Porterville.

42.             Authorize the filing of Notices of Partial Non-Renewal for eight (8) Land Conservation Contracts as provided in the Williamson Act. These requests fulfill conditions resulting from lot line adjustments and parcel maps. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for partial non-renewal for the following:

PNR 11-001 - Williamson Act Contract No. 3049, Ag Preserve No. 445, south of Exeter (Pinkham) (2.34 acres from 39.52 nonrenewed as a condition of PLA 10-043) (40.65 acres in two parcels subject to contract amendment).

 

PNR 11-002 - Williamson Act Contract No. 5516, Ag Preserve No. 2057, south of Cutler-Orosi (Ananian) (1.18 acres from 20 nonrenewed as a condition of PLA 10-027) (46.79 acres in two parcels subject to contract amendment).

 

PNR 11-003 - Williamson Act Contract No. 2760, Ag Preserve No. 338, northeast of Woodlake (Dofflemyer) (30.72 acres from 400 nonrenewed as a condition of PLA 10-009) (400 acres in one parcel subject to contract amendment).

PNR 11-004 - Williamson Act Contract No. 19930, Ag Preserve No. 4381, northeast of Farmersville (Rose) 3.48 acres from 82 nonrenewed as a condition of PLA 11-002) (No additional acreage subject to contract amendment. Contract 19930 was previously amended Sept. 28, 2010 as a result of Res. No. 2010-0785, a requirement for BOS approval of PNR 10-014).

 

PNR 11-005 - Williamson Act Contract No. 18122, Ag Preserve No. 4329, north of Dinuba (Klassen) (1.08 acres from 38.84 nonrenewed as a condition of PPM 11-005) (38.84 acres in one parcel subject to contract amendment).

 

PNR 11-006 - Williamson Act Contract No. 7078, Ag Preserve No. 2346, southwest of Dinuba (Unruh) (1.64 acres from 40.44 nonrenewed as a condition of PLA 11-003) (40.44 acres in one parcel subject to contract amendment).

 

PNR 11-007 - Williamson Act Contract No. 13637, Ag Preserve No. 3972, north of Visalia (Schmidt) (4 acres from 19.32 nonrenewed as a condition of PLA 10-042) (19.32 acres in one parcel subject to contract amendment).

PNR 11-010 - Williamson Act Contract No. 6620, Ag Preserve No. 2152, northeast of Tipton (Van Beek) (1.49 acres from 160 nonrenewed as a condition of PPM 10-016) (160 acres in one parcel subject to contract amendment).

 

43.             Authorize the filing of a Notice of Partial Non-Renewal for six (6) Land Conservation Contracts as provided in the Williamson Act. These requests fulfill conditions resulting from lot line adjustments and parcel maps. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for partial Non-Renewal for the following:

PNR 10-003 - Williamson Act Contract No. 5635, Ag Preserve No. 1240, east of Ivanhoe (Baker) (1.30 acres from 78.44 nonrenewed as a condition of PLA 09-029) (78.44 acres in one parcel subject to contract amendment).

 

PNR 10-005 - Williamson Act Contract No. 3833, Ag Preserve No. 941, east of Ivanhoe (Akin) (1.49 acres from 20 nonrenewed as a condition of PPM 09-049) (20 acres in one parcel subject to contract amendment).

 

PNR 10-013 - Williamson Act Contract No. 6163, Ag Preserve No. 1062, southeast of Earlimart (Caratan, Brar) (1.49 acres from 38.99 nonrenewed as a condition of PLA 08-027) (38.99 acres in one parcel subject to contract amendment).

 

PNR 10-017 - Williamson Act Contract No. 5431, Ag Preserve No. 1757, west of Woodlake (Ritchie) (1.5 acres from 14.11 nonrenewed as a condition of PLA 10-008) (14.11 acres in one parcel subject to contract amendment).

 

PNR 10-018 - Williamson Act Contract No. 5799, Ag Preserve No. 1584, southwest of Dinuba (Pinheiro)(1.08 acres from 20.00 nonrenewed as a condition of PPM 10-006) (20.00 acres in one parcel subject to contract amendment).

 

PNR 10-019 - Williamson Act Contract No. 5584, Ag Preserve No. 1826, north of Woodlake (Daniel) (1.49 acres from 28.98 nonrenewed as a condition of PPM 10-010) (28.98 acres in one parcel subject to contract amendment).

 

44.             Approve the Plans, Special Provisions, Proposal and Contract for the Asphalt Concrete Overlay on Avenue 384 from Road 92 to Road 108 Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Asphalt Concrete Overlay on Avenue 384 from Road 92 to Road 108 Project. Set the bid opening date for Wednesday, August 17 at 2:00 p.m. Direct the Resource Management Agency staff to file the Notice of Exemption pursuant to the provisions of the California Environmental Quality Act (CEQA) for the AC Overlay on Avenue 384 from Road 92 to Road 108 Project.

45.             Approve Program Supplement No. N052 to Administering Agency-State Agreement for Federal-Aid Project No. 06-5946R with the State of California, Department of Transportation for the asphalt concrete overlay on Avenue 384 from Road 92 to Road 108 project.

46.             Set a Public Hearing for August 9, 2011, at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel Avenue, Visalia, California, to place delinquent water service fees for Seville Water Company on the 2011/2012 Tax Roll. Approve the Notice of Public Hearing.

47.             Approve an agreement with Pacific Gas and Electric Company to perform tariff scheduled related work for the Road 80 Phase 2 Widening Project.

48.             Approve the Streambed Alteration Agreement with the California Department of Fish and Game for the Avenue 416 Kings River Bridge Replacement project.

Sheriff/Coroner

49.             Approve the fixed asset purchase of used vehicles in the amount of $106,910. Authorize the purchasing agent to waive the bid process for the purchase of the used vehicles. Authorize the necessary budget adjustments. (4/5ths vote required)

(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: 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. Board of Supervisors Agenda Item July 12, 2011

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. Board of Supervisors Agenda Item July 12, 2011

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: 7

Board of Supervisors July 12, 2011 Agenda Item pertaining to the Sewer and Water User Fee Adjustments

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: 1

Plaintiff is aware of a dispute in the calculation and distribution of PTAF monies to the cities, and of conflict related to another matter

Next Item(s) Sitting as...

ITEM E

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...