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


 

September 13, 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.                  Presentation to accept a monetary donation of $200 from the Mineral King and Kaweah Sierra Clubs on behalf of Friends of Tulare County, designated for the Sheriff Department's marijuana eradication efforts.

2.                  Presentation regarding the Countywide Consolidated Dispatch Study.

3.                  Public Comments.

4.                  Board of Supervisors matters.

 (Consent Calendar)

CONSENT CALENDAR (Number 5 through 26)

 

 

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.

 

 

 

Board of Supervisors

5.                  Approve a Resolution to support the Three Rivers Village Foundation's Gateway Monument Project.

6.                  Appoint Jacob Epperson, Seat 2 to the Kings/Tulare Area Agency on Aging, for a term ending December 31, 2013.

7.                  Reappoint Herbert Hawkins to the Public Facilities Corporation for a term ending July 1, 2015.

8.                  Reappoint Mike Ennis to the Local Agency Formation Commission (LAFCO) for a term ending May 2015 (1st Monday).

9.                  Reappoint Tom Smith as a Board of Trustee to the Visalia Public Cemetery District for a term ending January 7, 2013.

10.             Reappoint William McKinley, District 5 Representative to the Assessment Appeals Board for a term ending September, 2014.

11.             Reappoint Elisa Rivas, District-Consumer and Bernice Soto, Social Service Agency to the Community Health Center Board for terms ending April 18, 2015.

County Counsel

12.             Approve the Training Program for special districts and independent agencies on the topic of basic functions and duties of local agencies.  Approve the costs of printing handouts and related materials that will be distributed to participants during the presentation.  Approve the related costs for participants of the Training Program.

County Administrative Office

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

14.             Approve sending a letter of support for full and permanent funding of the Land and Water Conservation Fund.

 

 

General Services

15.             Approve an agreement with Joe and Cora Gong Family Limited Partnership and Tommy Quock Gong and Sarah Joy Lau-Gong, Trustees of the Gong Family Trust for Design, Alteration and Lease of Premises for the Women, Infants and Children Program space located at 1819 N. Dinuba Boulevard, Visalia.  Authorize the Chairman to sign the Agreement, subject to review as to form by County Counsel.

Health & Human Services Agency

16.             Approve an amendment to Agreement No. 21286 with the Visalia Unified School District to extend the term of the agreement to June 30, 2013 to provide access to school sites for County staff providing immunization services to pupils, retroactive to July 1, 2011.  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.             Ratify and approve the notice sent to Nurse-Family Partnership on July 13, 2011, terminating Agreement No. 24364 with Nurse Family Partnership, effective immediately.  Find that the Board had the authority to authorize the notice be sent to the Nurse-Family Partnership terminating Agreement No. 24364, effective July 13, 2011.

Human Resources & Development

18.             Renew the Blue Cross plan offerings through the shared risk model provided by the San Joaquin Valley Insurance Authority without a rate increase.  Renew the Kaiser Permanente plans with an increase of 2.6% for the $1,000 deductible plan and an increase of 11.6% for the $0 deductible plan.  Renew the self funded dental plan, administered by Delta Dental with a 7% increase.  Change the vision carrier to Vision Service Plan with a rate decrease of 1.2%.

Resource Management Agency

19.             Authorize the prepayment of $110,000 to the Southern California Edison Company for the County's share of the cost to relocate poles in the South Phase of the Road 108 Widening Project.

20.             Declare the intent to vacate a portion of Alta Lane in Wilsonia.  Set a public hearing for November 1, 2011 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of a portion of Alta Lane in Wilsonia.  Direct the Resource Management Agency to publish and post the notice of Public Hearing in accordance with the Streets and Highways Code.

Sheriff/Coroner

21.             Ratify and approve an amendment to Agreement No. 24026 with the California Emergency Management Agency (Cal-EMA) for operation of the Tulare County Clandestine Laboratory Enforcement Unit, retroactive to July 1, 2010, through December 31, 2011.  Ratify the Chairman's signature on the amendment.  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 an agreement with the California Emergency Management Agency (Cal-EMA) for operation of the Tulare County Inter-Agency Narcotics Enforcement Team (I-NET) in the amount of $262,108, retroactive to July 1, 2011, through June 30, 2012.   Ratify the Chairman's signature on the Grant Award Face Sheet agreement of Assurance of Compliance / Anti-Drug Abuse / Methamphetamine Laboratory Operations.  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.

23.             Ratify and approve an amendment to Agreement No. 24752 with California Emergency Management Agency to extend the term to June 30, 2012 and to increase program funding by $460,655 to provide marijuana suppression program funding, 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.  Ratify the Chairman's signature on the agreement.  Approve Capital Asset purchases of a marijuana dump trailer ($7,852), cargo equipment trailer ($6,000), night-vision equipment ($5,100), thermal binocular ($22,680), and two hand-held communication radios ($11,098).  Approve the necessary budget adjustments (4/5ths vote required).

24.             Approve Capital Asset purchase of a Camera Security System for the Civil Division in an amount not to exceed $24,000.  Approve the necessary budget adjustments (4/5ths vote required).

25.             Approve Capital Asset purchase of a High-Capacity Rack Server in an amount not to exceed $6,000.  Approve the necessary budget adjustments (4/5ths vote required).

26.             Approve Capital Asset purchase of a Dump Trailer for the Sheriff's Tactical Enforcement Personnel Team in an amount not to exceed $7,200.  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

 

27.             Request from County Administrative Office to consider, modify as needed, and approve the responses to the Tulare County Grand Jury 2010/11 Final Reports regarding:  Tulare County Detention Facilities; Tulare County Veterans Memorial Districts; "I've Been Working on the Railroad" Rail Lines and Measure "R"; Enforcing the Resource Management Agency Code Enforcement; Resource Management Agency Part 1 Lack of Code Enforcement; Resource Management Agency Part 2 Permission Granted; Resource Management Agency Part 3 Safe Routes to Schools; Resource Management Agency Part 4 County Leased and Owned Buildings; and Resource Management Agency Part 5 Housing Element Review.

 

 

 

28.             Request from 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)

(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: 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 B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Gary Glipsey vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ630375

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Matheny Tract Committee vs. County of Tulare, et al.

Tulare County Superior Court Case No. 11-243725

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: In re Municipal Derivatives Antitrust Litigation MDL 1950, No. 08-02516 (VM) (GWG) (S.D.N.Y.)

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: City of Dinuba, et al. vs. County of Tulare, Rita Woodard, et al.

Tulare County Superior Court No. 11-243161

Next Item(s) Sitting as...

ITEM F

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 G

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

Next Item(s) Sitting as...