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

 

 

December 6, 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 Nettie Morrison for her decades of service to Allensworth.

2.                  Recognize United Way's Woodlake Concilio de Salud participants for their service to the community of Woodlake.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

CONSENT CALENDAR (Number 5 through 39)

 

 

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

5.                  Accept the Certified Statement of Vote as submitted by the Registrar of Voters for those Offices/Measures for which the Board of Supervisors is the Governing Body. Review and accept the Certified Statement of Vote as submitted by the Registrar of Voters for the unification election in the Woodlake area, and direct staff to forward a copy of this statement to the appropriate recipients.

Board of Supervisors

6.                  Ratify the following Proclamations: Recognizing November 11, 2011 as Veteran's Day in Tulare County and Honoring Veronica Garcia for her services as Chairman of the Board of Directors for the Porterville Chamber of Commerce.

7.                  Appoint Tracy Molina to the Tulare County Water Works District #1 for a term ending May 1, 2012.

8.                  Appoint Glen R. Fowler, District 1 Representative to the Assessment Appeals Board for a term ending September 2, 2013.

9.                  Approve the Conflict of Interest Code submitted by the Alpaugh Irrigation District.

10.             Approve $95,000 in funding awards from the Step Up Youth Activities Grant Program as recommended by the Tulare County Youth Commission as follows: District 1: Courage to Change ($10,000) and El Quinto Summer Arts Program ($5,000); District 2: Tulare Athletic Boxing Club ($10,000), Greater Tulare Recreation Foundation ($5,000) and Tulare County Police Assistance League ($5,000); District 3: Proteus Neighborhood Youth Counselor Program ($10,000) and Visalia Police Assistance League ($10,000); District 4: AYSO ($5,000), Big Brothers Big Sisters ($5,000), Sequoia Council, Boy Scouts of America ($5,000) and YESS Sports Program ($5,000); and District 5: Porterville Education Foundation ($10,000), and Wild Places ($10,000). Authorize the Chairman to sign grant agreements, subject to review and approval as to form by County Counsel.

County Administrative Office

11.             Approve Administrative Regulation No. 40 regarding Employee Appreciation Policy.

12.             Approve Revision #1 of Administrative Regulation No. 31 - Use of County Facilities by non-County organizations.

District Attorney

13.             Approve an amendment to Agreement No. 24021 with the California Emergency Management Agency to accept grant funding in the amount of $21,486 for the Central Valley Rural Crime Prevention 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. Approve the necessary budget adjustments. (4/5th's vote required)

14.             Ratify and approve an amendment to Agreement No. 24022 with the California Emergency Management Agency to accept grant funding in the amount of $15,509 for the Vertical Prosecution Block Grant Program, retroactive to July 1, 2010 through December 31, 2011. Ratify the Chairman's signature on the amendment to agreement. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010, and that is was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote required)

15.             Approve an amendment to Agreement No. 25098 with the California Emergency Management Agency to reduce the grant award by $44,429 for the Violence Against Women Vertical Prosecution Program for the grant 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.

16.             Ratify and approve an agreement with the State of California, Insurance Commissioner to accept grant funding in the amount of $200,000 for the Automobile Insurance Fraud Prosecution Program, retroactive to July 1, 2011 through June 30, 2012. Recognize an additional $7,302 in carry over funds from Fiscal Year 2010/2011 for a total of $207,302. Ratify and approve the District Attorney's signature on the Agreement. 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. Approve the necessary budget adjustments. (4/5ths vote required)

17.             Ratify and approve an agreement with the State of California, Insurance Commissioner to accept grant funding in the amount of $362,221 for the Workers' Compensation Insurance Fraud Prosecution Program, retroactive to July 1, 2011 through June 30, 2012. Recognize an additional $6,840 in carry over funds from Fiscal Year 2010/2011 for a total of $369,061. 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 and approve the District Attorney's signature on the Agreement.

General Services

18.             Approve the Assignment to Joint Exercise of Powers Agreement No. 19844 with Kaweah Delta Water Conservation District for the Elk Bayou Park Sinking Basin assigning Tulare County's rights and responsibilities to the City of Tulare.


Health & Human Services Agency

19.             Approve an agreement with Dr. Roldofo Vicente, Inc. in an amount not to exceed a total of $250,000 to provide medical 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.

20.             Approve the Special Education Local Plan Area Memorandum of Understanding with the Tulare County Office of Education, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

21.             Approve the formation of the Tulare Medical Reserve Corps by the County of Tulare Department of Public Health to provide critical volunteer medical professionals in the event of a public health emergency or disaster. Approve the Tulare Medical Reserve Corps to receive grant funding from government grants and other private grant-making sources. Approve the Confidentiality Agreement with Disaster Healthcare Volunteers to allow Dr. Karen Haught, or her appointed designee, to sign the form agreeing to maintain the security and confidentiality of all records and information used for Disaster Healthcare Volunteers system.

22.             Approve the Program Letter of Agreement between Kaweah Delta Health Care District and Tulare County Mental Health Services for the Psychiatry Residency Training Program effective January 1, 2012 through December 31, 2017. Authorize the Tulare County Director of Mental Health, or her designee, to sign any ministerial documents associated with the residency program.

Human Resources & Development

23.             Authorize the extension of the Voluntary Time Off (VTO) Program to June 30, 2013.

Probation

24.             Ratify and approve an amendment to Agreement No. 23955 with the United States Department of Justice for seized and forfeited drug assets, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had the authority to enter into the proposed amendment to 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.

25.             Accept funding from the United States Department of Justice, Bureau of Justice Assistance, Office of Justice Programs, Bulletproof Vest Program in the amount of $2,160 for Fiscal Year 2011/2012. Ratify the Probation Grants Specialist's signature on the Certifications.

26.             Approve an agreement with the California Franchise Tax Board for Court Ordered Debt Collections, retroactive to December 1, 2011 through November 30, 2014. Find that the Board had the authority to enter into the proposed agreement as of December 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

27.             Approve the capital asset purchase of a van and a trailer for Probation Department's Juvenile Work Program in the total amount of $33,500. Approve the necessary budget adjustments. (4/5ths vote required)

Resource Management Agency

28.             Approve an amendment to Agreement No. 24817 with the Tulare County Association of Governments to extend the term of the agreement to May 31, 2012 for providing transit services to the College of Sequoias.

29.             Approve Program Supplement No. N058 in the amount of $348,205 to Administering Agency-State Agreement for Federal-Aid Project No.06-5946 for design of pedestrian improvements on Road 126 - Avenue 414 to Ella Avenue, Avenue 414 - David Road to Road 126, David Road - Avenue 414 to Luxor Avenue, Avenue 413 - Road 127 to David Road and Road 127 - Avenue 416 to Avenue 413.

30.             Find that the applicant, Atwell Island Water District, has satisfied the conditions and contingencies enumerated in the Certificate of Tentative Cancellation approved for Land Conservation Contract No. 7191 for project PAC 10-002. Execute the Certificate of Cancellation of Land Conservation Contract No. 7191. Direct the Clerk of the Board of Supervisors to record the Certificate in the Office of the Tulare County Recorder.

31.             Amend Resolution No. 2009-1014 and authorize the Resource Management Agency Director and/or Assistant Directors to Sign Indemnification Agreements on behalf of the County.

32.             Approve the Plans, Special Provisions, Proposal and Contract for the Construction of the Road 80 (Phase 3) Project located between south of the St. Johns River to Avenue 384. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Construction of the Road 80 (Phase 3) Project. Set the bid opening date for January 9, 2011 at 2:00 p.m.

33.             Approve the Joint Funding Agreement with the United States Geological Survey for water resources investigations retroactive to November 1, 2011 through October 31, 2012. Find that the Board had authority to enter into the proposed agreement as November 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

34.             Approve a Remittance Agreement between the County of Tulare and the Tulare County Redevelopment Agency to transfer a portion of Redevelopment Agency tax increment to the County in an amount not to exceed the annual remittance required each year pursuant to Assembly Bill X1 27, the Voluntary Program Act, Section 34194.2, conditioned on and operative upon the California Supreme Court lifting the Stay ordered in the case California Redevelopment Association v. Matosantos (filed on July 18, 2011), and ultimately deciding that AB1X 27 is constitutional.


ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

35.             Approve a Remittance Agreement between the County of Tulare and the Tulare County Redevelopment Agency to transfer a portion of Redevelopment Agency tax increment to the County in an amount not to exceed the annual remittance required each year pursuant to Assembly Bill X1 27, the Voluntary Program Act, Section 34194.2, conditioned on and operative upon the California Supreme Court lifting the Stay ordered in the case California Redevelopment Association v. Matosantos (filed on July 18, 2011), and ultimately deciding that AB1X 27 is constitutional. Authorize the Chairman of the Board to execute the Agreement.

36.             Approve an amendment to Agreement No. RA-207 with 4Creeks, Inc., amending the expiration date of the consultant's agreement from December 31, 2011, to correspond with the grant termination date of February 28, 2012.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

37.             Approve an amendment to Agreement No. 25219 with the United States Department of Justice, Drug Enforcement Administration, Organized Crime Drug Enforcement Task Force, for investigation services retroactive to December 1, 2011 through September 30, 2012. Find that the Board had authority to enter into the agreement as of December 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

38.             Approve the reclassification of Position No. 7388 Administrative Aide to Paralegal 1-K (Confidential). Pending meet and confer with impacted units.

Workforce Investment Board

39.             Approve the budget adjustment resulting from the State of California's unilateral modification of Agreement No. 24616-1, adding $400,000 to Grant 338 for receipt of second increment of National Emergency funding for On the Job Training project. 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

 

40.             Request from Resource Management Agency to delete one Heavy Equipment Mechanic II (position #3104) from Fire Department. Delete one Heavy Equipment Mechanic III (position #7585) from Fire Department. Approve the addition of one Heavy Equipment Mechanic II position to Resource Management Agency and move incumbent of position #3104 into that position. Approve the addition of one Heavy Equipment Mechanic III position to Resource Management Agency and move incumbent of position #7585 into that position. Approve the addition of two Accountant I/II positions per the Personnel Resolution. Approve the necessary budget adjustments. (4/5ths vote required)

41.             Request from Resource Management Agency to approve the addition of a new classification and the position of Chief Environmental Planner. Approve the designation of all new and vacant Planner IV positions to At-Will status and approve grandfathering incumbent of position #7960 to remain as competitive status per the attached Personnel Resolution. Approve the necessary budget adjustments. (4/5ths vote required)

42.             Presentation given by the Resource Management Agency regarding operations of the Countywide Planning Division.

(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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Alice Renee Smylie vs. County of Tulare John Davis an Individual, et al Tulare County Superior Court Visalia Judicial District Case Number: 11-244606

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ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Alice Renee Smylie vs. County of Tulare John Davis an Individual, et al Tulare County Superior Court Visalia Judicial District Case Number: 11-244606

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ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Michael Helman (Deceased) vs. County of Tulare Workers' Compensation Appeals Board Numbers: ADJ6886052 & ADJ6875740

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ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Michael Alan Yocom vs. County of Tulare Tulare County Superior Court No. 09-234899

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ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

Government Code Section 54956.9 (a).)

Name of Case: County of Tulare vs. Brett Simmonds

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ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: SEIU Local 521 vs. County of Tulare Public Employment Relations Board Charge No. SA-CE-748-M

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ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Marroquin vs. County of Tulare, et al. Tulare County Superior Court No. 11-242155

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ITEM H

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

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ITEM I

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

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ITEM J

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

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ITEM K

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

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ITEM L

CONFERENCE WITH LEGAL COUNSEL

Details

Deciding Whether or Not Basis Exists for Anticipated Litigation Closed Session (Gov. Code 54956.9(b)(2).)

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ITEM M

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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