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,

THE TULARE COUNTY FLOOD CONTROL DISTRICT,

THE TERRA BELLA SEWER MAINTENANCE DISTRICT, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

September 20, 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.                  BUDGET HEARINGS

Introduction and Overview

 

PUBLIC HEARING:  Citizens’ Option for Public Safety (COPS)   (Budget Book Page 247)

 

Review proposed expenditure of funds allocated from the California State Legislature for the Citizens’ Option for Public Safety Program – Supplemental Law Enforcement Funding. Authorize the Auditor-Controller to distribute the monies, when received, per the spending plan as modified by public input and Board of Supervisors direction.

 

Enterprise and Assessment Districts Funds - Consent Budgets   (Budget Book Page 401)

 

Solid Waste

Transit

Terra Bella Sewer District

L & M Funds—Assessment Districts

                    L01  Orosi Lighting/Landscape                L85 Orosi Storm Drain

                    L05 Orosi Storm Drain                               L86 Visalia (Cottontail) Storm Drain

                    L07 Poplar Storm Drain                             L87 Visalia (Kapsu) Storm Drain

                    L10 Orosi Storm Drain                               M02 Visalia (El Rio) Road

                    L16 Earlimart Lighting/Landscape           M03 Strathmore Road

                    L60 Tipton Storm Drain                             M04 Porterville Road

                    L65 Earlimart Storm Drain                        M06 Visalia (Accacia) Road

                    L70 Cutler Storm Drain                              M07 Poplar Road

                    L75 Teviston Storm Drain                          M86 Visalia (Cottontail) Road

                    L80 Earlimart Storm Drain                        M87 Visalia (Kapsu) Road

 

County Service Areas #1 and #2 Zones of Benefit - Consent Budgets  (Budget Book Page 429)

 

            El Rancho Sewer                Delft Colony Sewer            Delft Colony Water

            Lemon Cove Water           Seville Sewer                   Tonyville Sewer

            Tooleville Sewer               Traver Sewer                         Yettem Sewer

            Yettem Water                   Wells Tract Water                  Wells Tract Sewer

 

Special Revenue Funds –Individual Discussion and Action  (Budget Book Page 441)           

 

            Community Block Development Grant

Home Program Fund

 

Redevelopment Agency, Special Districts and Public Authority - Consent Budgets  (Budget Book Page 449)

 

            Administration                     Cutler/Orosi                         Earlimart

            Goshen                                 lvanhoe                                Pixley

            Poplar-Cotton Center         Richgrove                            Traver

 

Tulare County Flood Control District

In-Home Supportive Services Public Authority

 

Internal Services Funds — Consent Budgets   (Budget Book Page 341)

 

County Administrative Office

Copier Services

Custodial Services

Facilities

Fleet Services

Grounds Services

Mail Services

Print Services

Utilities

County Counsel -- Insurance

Workers’ Compensation

General Liability

Property

Medical Malpractice

     Information Technology

                Communications

                Information Technology

    Human Resources and Development – Insurance

Health Insurance

 

Operating Funds — Consent Budgets    (Budget Book Page 267)

 

Aviation

Building Debt Service

Capital Projects

Child Support Services

Fire 

Fish and Game

Health Realignment

Indigent Health Care

            Library

Mental Health Realignment

Pension Obligation Bond

            Road

Social Services Realignment

Tobacco Settlement Proceeds

Workforce Investment Board

 

General Funds — Consent Budgets   (Budget Book Page 100)

 

Agricultural Commissioner

Assessor/Clerk—Recorder

Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters

Board of Supervisors

Capital Acquisitions

Central Telephone Services

Citizens’ Option for Public Safety (COPS)

Cooperative Extension

County Administration

County Counsel

District Attorney

Gang Task Force — Multi-Agency

General Services

General Revenues

Health and Human Services Agency

Human Resources and Development

Juvenile Justice Crime Prevention Act

Miscellaneous Administration

Miscellaneous Criminal Justice

Probation

Public Defender

Purchasing

Resource Management Agency

Rural Crime Prevention

Sheriff-Coroner

 

Position Allocation and Classification Schedules

 

Approve changes to position allocations, reclassifications, classification specifications, and compensation changes.

 

Final Actions to Balance — General Fund

 

Contingency

Others as Needed

 

Direction and Authorizations

 

1.   Authorize Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2011/2012 Budget into final balance.

2.   Other direction as needed.

 

Budget Adoption

 

Upon conclusion of Final Budget Hearings, adopt budgets for all funds and activities as modified during hearings.

 

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 14)

 

 

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

4.                  Ratify the following Proclamations:  Honoring St. Mary's Catholic Church, Visalia on it's 150th Anniversary; and Recognizing the 10th Anniversary of September 11, 2001 in Tulare County.

Human Resources & Development

5.                  Approve suspending the Furlough Program for all Unrepresented Employees and corresponding earnings reductions of 1.923%, which began August 1, 2011 and was scheduled through July 30, 2012 for a total of 26 Pay Periods.  Authorize the repayment of the 1.923% reduction since August 1, 2011.  Eliminate furlough hour balances, also known as Mandatory Time Off, that were credited in Pay Period 17.  Authorize the processing of leave adjustments for employees who used Mandatory Time Off hours since August 1, 2011 to reflect the time as either vacation or compensatory time off.  Suspend the reduction of the Holiday Pay for Fire Battalion Chiefs from 96 hours to 39.2 hours for the period of August 1, 2011 through July 31, 2012.  Rescind the Temporary Office Closures for all departments effective immediately.

6.                  Approve Side Letter Agreements between the County and District Attorneys Criminal Investigators Association of Tulare County (DACIATC), Government - Lawyers Association of Workers (GLAW), Professional Association of Tulare County Physicians (PATCOP), Professional Law Enforcement Manager's Association (PLEMA), Tulare County Corrections Association (TCCA), Tulare County District Attorney Investigators Association (TCDAIA), Tulare County Deputy Sheriff's Association (Units 13 & 15) (TCDSA) and United Automobile, Aerospace & Agricultural Implement Workers of America (UAW) to suspend the furlough for the period of August 1, 2011 through July 31, 2012.

Information & Communications Technology

7.                  Approve the license and maintenance renewal with Secure Content Solutions, Inc. in the amount of $115,200 to provide license and maintenance of Sophos Anti-Virus software for the period of September 27, 2011 to March 26, 2015.

Resource Management Agency

8.                  Approve a Memorandum of Understanding with the City of Tulare to promote the development of a sanitary sewer system in Matheny Tract.

9.                  Approve the 2011/2012 Transit Agreement with the City of Exeter, for the City to provide transit service to County of Tulare residents, retroactive to July 1, 2011, through June 30, 2012. Find that the Board had the authority to enter into the agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

10.             Approve the 2011/2012 Transit Agreement with the City of Lindsay, for the County to provide transit service to City of Lindsay residents, retroactive to July 1, 2011, through June 30, 2012.  Find that the Board had the authority to enter into the agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

11.             Approve and award the contract to the lowest responsive and responsible bidder, W.  Jaxon Baker, Inc. of Redding, California, in the amount of $639,749 for an Asphalt Concrete Overlay on Avenue 384 from Road 92 to Road 108.  Authorize the Chairman to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License.  Allow funds for a contingency in the amount of $64,000 (10%) to cover unexpected construction conditions and construction engineering.

Sheriff/Coroner

12.             Ratify and approve an amendment to Agreement No. 23774 with California Emergency Management Agency to increase funding by $141,155 for the Tulare County Sexual Assault Felony Enforcement Program, retroactive to July 1, 2010, through December 31, 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.  Ratify the Chairman's signature on the amendment to Agreement No. 23774.  Approve an amendment to Agreement No. 23093 with Family Services of Tulare County to provide educational services for the Tulare County Sexual Assault Felony Enforcement Program, retroactive to July 1, 2010, through June 30, 2013.  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.  Approve the necessary budget adjustments.  (4/5ths vote required)

13.             Approve an amendment to Agreement No. 22690 with Cutler-Orosi Unified School District to extend the term of the agreement to June 30, 2012 for campus law enforcement services, 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.

14.             Approve a Grant Award Face Sheet Agreement with the U.S. Department of Justice for the Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $47,034, retroactive to October 1, 2010 through September 30, 2014.  Find that the Board had authority to enter into the proposed agreement as of October 1, 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)

(Items Not Timed)

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

15.             Presentation given by Resource Management Agency regarding Tulare County Area Transit services, with emphasis on key indicators since the introduction of Measure "R" Transit funding since Fiscal Year 2007/2008.

(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: 2

Contract for concrete asphalt overlay on Avenue 384 from Road 92 to Road 108 (See Board of Supervisors 9/20/11 agenda)

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: 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 C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Potential Challenge to the Tulare County Traffic and Public Facilities Development Impact Fee program

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: 4

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 15

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Richard Daleman v. County of Tulare

Tulare County Superior Court Case Number 11-244061

and related case County of Tulare v. Richard Daleman, et al.

Tulare County Superior Court Case Number 01-244120

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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare v. Bank of America et al., Case Number 1:09-cv-02155-OWW-DLB (Eastern District of California), Case Number 1:10-cv-628 (Southern District of New York)

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:  Jeff Cardell, Jean Rousseau

Employee Organization:  All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees except Elected

Next Item(s) Sitting as...