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


August 9, 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.                  Honor Steve Sunderland, Tulare County Fire Chief upon his Retirement for his decades of public service to Tulare County.

2.                  Recognize August 8 - 14, 2011 as National Health Center Week and receive a presentation from Family Healthcare Network regarding the importance of Health Centers.

3.                  Presentation given by Lauren Brant with Public Financial Management regarding the Annual Administrator's Report for the Millennium Fund.

4.                  Public Comments.

5.                  Board of Supervisors matters.


9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from the County Administrative Office to receive comments regarding the 2011 Redistricting Maps.

7.                  PUBLIC HEARING: Request from the Resource Management Agency to approve placement of Seville Water Company delinquent water service fees, delinquent penalties and Auditor's collection charges on the 2011/2012 Tax Rolls.

8.                  PUBLIC HEARING: Request from the Resource Management Agency for Acquisition of Property by Eminent Domain for the Road 108 Reconstruction Project Pursuant to Code of Civil Procedure Section 1245.330; Kampen. Adopt, determine, find, declare, and resolve as follows: a) The proposed Project is acquired for a public use; b) The public interest and necessity require the Project; c) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; d) The property described in Appendix A is necessary for the Project; e) Pursuant to Code of Civil Procedure 1240.610, the use for which the Subject Property is sought to be taken is a more necessary public use than the use to which the property is appropriated; f) The offer described in Appendix B and required by Government Code Section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owners of record, and the offer, accompanying statement and summary complied with the requirements of Government Code Section 7267.2(a); and g) County Counsel is authorized to file a legal action in eminent domain against the property owners to acquire the subject property. (2/3rds vote required)

(Consent Calendar)

CONSENT CALENDAR (Number 9 through 29)

 

 

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/Registrar of Voters

9.                  Approve the Candidate Statement Regulations and Printing Fees for the November 8, 2011 Uniform District Election Law Election. Require each candidate filing a statement to pay the estimated cost in advance. The estimated cost will be adjusted to actual cost upon completion of the Election. Candidates will be refunded or billed for the difference. Limit each Candidate's Statement to no more than 200 words for Special Districts.

 

 

County Administrative Office

10.             Approve sending a letter to the Board of Forestry and Fire Protection opposing implementation of Abx1 29, the "State Responsibility Area Fire Prevention Fees" legislation.

General Services

11.             Approve an amendment to Agreement No. 16893 between the County of Tulare and Lloyd Turner, in the amount of $6,556, for office space located at 240 E. Honolulu, in the City of Lindsay.

Health & Human Services Agency

12.             Approve the termination of Resolution No. 2010-1016, adopted December 21, 2010, declaring a local state of emergency in Tulare County due to the winter storm of 2010.

13.             Approve the application and acceptance of funds from the Department of Alcohol and Drug Programs, Office of Criminal Justice, for the Comprehensive Drug Court Implementation (CDCI) Notice of Grant Award No. CDCI-11/12-54 Program in the amount of $156,155 for the Grant Award Period January 1, 2012 through December 31, 2012. Authorize Cheryl L. Duerksen, Ph.D., County Alcohol and Drug Administrator, to sign the Notice of Grant Award, the CDCI Proposed Budget Request, and the CDCI Multi-Agency Plan.

14.             Authorization to pursue and enter into service agreements from companies that have the ability to process the receipt of credit card payments on client/patient accounts.

15.             Approve an agreement with JDT Consultants, Inc. in an amount not to exceed $470,000 to provide Therapeutic Behavioral Services (TBS), 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.

16.             Ratify and approve an amendment to Agreement No. 25036 with CF Merced, LLC d.b.a. Country Villa Merced Behavioral Health Center, a locked skilled nursing facility, in an amount not to exceed $814,000 for the continued provision of stabilization and long-term maintenance for mentally disabled clients, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed amendment on July 1, 2011, and that it was in the County's best interest to enter into the amendment on that date.

17.             Approve an amendment to Agreement No. 23225 with California Department of Health Services (DHS), for Tulare County to participate in the Targeted Case Management (TCM) Program, retroactive to June 1, 2011 through June 30, 2012. Find that the Board had authority to amend the Agreement as of June 1, 2011, and that it was in the County's best interest to amend the Agreement on that date.

 

 

18.             Approve an amendment to Agreement No. 21964 with the National Council on Alcoholism and Drug Dependence in an amount not to exceed $450,000 to amend and update Exhibit "A" and "B" for the provision of alcohol and drug prevention services upon signing through June 30, 2013.

19.             Ratify and approve an amendment to Agreement No. 24976 with Unilab Corporation d.b.a. Quest Diagnostics to increase the maximum amount of the agreement by $60,000 from $150,000 to $210,000 for the provision of clinical laboratory services, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to amend the Agreement as of July 1, 2010, and that it was in the County's best interest to amend the Agreement on that date.

20.             Ratify and approve an amendment to Agreement No. 24121 with Health Net of California, Inc. to continue providing and/or arranging medical, vision, and mental health services for the Tulare Healthy Kids 6-18 Program, retroactive to November 1, 2010 through December 31, 2011. Find that the Board had authority to enter into the agreement as of November 1, 2010, and that it was in the County's best interest to enter into agreement on that date.

Human Resources & Development

21.             Authorize the temporary office closures for Fiscal Year 2011/2012 for selected County operations on the specified prospective dates as follows:

August 12 through October 14, 10 consecutive Fridays 4 hours

General Services Administration & Property Management; Resource Management Agency (RMA) Staff at Government Plaza building; Elections Office.

 

August 5 to July 20, 2012

TCERA/Retirement Office, close 3:30 p.m. on Fridays.

 

October 28 to December 9 closed Fridays

RMA Road Yards (except Central Yard Shop). Soils Lab and Sign Shop

 

November 18-December 23 closed five (5) Fridays

RMA Building Inspection, Porterville Office

 

November 21-23 and December 22-23

Assessors Office (does not include Clerk-Recorder operations)

 

November 23

Library (Administration staff) and Literacy Office

 

December 23

Library (Administration staff)

 

December 27-30

Library Literacy Office

 

 

 

 

 

 

December 23, 27-30

Board of Supervisors staff, Child Support, Ag Commissioner, Cooperative Extension, County Administrative Office, County Counsel (Main and Risk offices only), Human Resources, IHSS Public Authority and Workforce Investment Board.

 

December 27-30, January 2

General Services Parks & Museum

 

Probation

22.             Find that the County of Tulare desires to participate in the Federal Title II Formula Block Grant Program supported by federal formula grant funds and administered by the Corrections and Standards Authority. Authorize the submission of a grant application for funding in the amount of $300,000 from Corrections and Standards Authority to reduce the number of youth unnecessarily held in detention for the period of January 1, 2012 through December 31, 2012.

23.             Approve amendments to the following: Agreement No. 21680 with Earlimart School District; Agreement No. 21685 with Lindsay Unified School District; Agreement No. 21655 with Porterville School District; Agreement No. 21673 with Dinuba Joint Unified School District; Agreement No. 21672 with Cutler-Orosi Unified School District; and Agreement No. 21719 with Tulare Joint Union High School District to provide services of Probation Officers for the continued operation of the Campus Probation Officer Program, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreements as of July 1, 2011, and that it was in the County's best interest to enter into the agreements on that date.

24.             Approve amendments to the following: Agreement No. 21656 with the City of Dinuba; Agreement No. 21659 with the City of Visalia; and Agreement No. 21657 with City of Lindsay to provide the services of Probation Officers for the continued operation of the Delinquency Prevention Program, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had the authority to enter into the proposed agreements as of July 1, 2011, and that it was in the County's best interest to enter into the agreements on that date.

Resource Management Agency

25.             Authorize submittal of 2011 Home Investment Partnerships Program (HOME) Project Application not to exceed $5,100,000 in response to the Notice of Funding Availability (NOFA) issued on June 1, 2011, for construction of a thirty unit Single Family Rental New Construction Project to be located in the unincorporated community of Pixley in Tulare County. Agree that if the application for funding is approved, the County will use the HOME funds for eligible activities in the manner presented in the application, as approved by the Department of Housing and Community Development (HCD) and 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 to execute in the name of the County of Tulare, the application, the Standard Agreement and any amendments thereto, subject to County Counsel review and approval and all other documents required by the Department of Housing and Community Development for participation in the HOME Program.

26.             Approve an agreement with Wadell Engineering Corporation in the amount of $89,750 for Engineering Services to design the Apron and Ramp Rehabilitation Project at Sequoia Field Airport.

27.             Approve an Operation and Maintenance Agreement with the City of Porterville for a portion of Teapot Dome Avenue (Avenue 128) from 1,342 feet east of West Street (Road 220) to Westwood Street (Road 224).

28.             Waive the second reading and adopt an Ordinance adding Section 3-01-1050, "Allensworth" and deleting Section 3-01-1110, "Lindsay Area" of Chapter 1 of Article 3 of the Tulare County Ordinance Code pertaining to speed limits. Direct the Clerk of the Board to publish a summary and post a Certified Copy of the proposed Ordinance at least five (5) days prior to adoption in accordance with Government Code Section 25124(b)(1).

Workforce Investment Board

29.             Approve the Workforce Investment Act Local Plan Modification for Plan Year 2011/2012.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

30.             Request from the Resource Management Agency to receive a presentation about Tulare County Film Commission activities and adopt the Tulare County Film Commission Marketing Plan for Fiscal Year 2011/2012.

31.             Request from the Resource Management Agency to receive a presentation about Tulare County Tourism Development activities and adopt the Tulare County Tourism Marketing Plan for Fiscal Year 2011/2012.

(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

Acquisition of Property by Eminent Domain for the Road 108 Reconstruction project pursuant to Code of Civil Procedure 1245.330. Property owners Floyd Kampen and Gail Kampen see Board of Supervisors agenda item August 9, 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

Place Seville Water Co. water service fees, delinquent penalties and Auditor collection charges on the 2011/2012 Tax Rolls. Board of Supervisors Public Hearing August 9, 2011

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Dinuba Citizens for Responsible Planning, Roger Wazdatskey, Ruben Navarro, Sr. vs. County of Tulare; Real Parties in Interest Richard Best Transfer, Inc., Tulare County Superior Court Case No. VCU 11-242658

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ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Case Name Unspecified Because of Jeopardy to Service of Process or Settlement Negotiations


 

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: 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 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 - 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 H

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 I

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 J

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 K

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Jeff Cardell, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

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