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


December 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.                  Proclamation presented to Mr. & Mrs. Manuel Jimenez to recognize them for their great work with Woodlake Pride and for being the recipients of the 2011 California Peace Prize.

2.                  Recognize the 30th Anniversary of the Arrowhead Interagency Hotshot Crew.

3.                  Presentation given by Health & Human Services Agency, Public Health Department, regarding the National Health and Nutrition Examination Survey conducted by the Centers for Disease Control and Prevention.


4.                  Presentation by the Tulare County Resource Management Agency regarding an Electrical Agriculture Wind Machine/Ag-Well Emergency Program.

5.                  Public Comments.

6.                  Board of Supervisors matters.

 (Consent Calendar)

CONSENT CALENDAR (Number 7 through 42)

 

 

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.                  Select the change in California per capita personal income which is 2.51% as the cost-of-living factor for the GANN Appropriations Limit calculation for the Fiscal Year 2011/12.

Board of Supervisors

8.                  Ratify the following Proclamations:  Recognizing Edison International on its 125th Anniversary; and Recognizing the Tulare County Office of Education for its Partnership in Making the Tulare County History of Farm Labor & Agriculture Museum a Success.

9.                  Approve the List of Appointive Offices on Regulatory Commissions and Advisory Boards, Commissions and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2012 for compliance with the Maddy Act.  Authorize posting.

10.             Appoint Thomas C. Brodersen, County Bar Member, to the Tulare County Law Library for a term ending December 31, 2012.

11.             Appoint Dave Kehler, District 5 Representative, and Sophia Almanza, District 4 Representative, to the Tulare County Deferred Compensation Committee for terms ending November 30, 2015.

12.             Appoint Ralph E. Nelson, Jr., Family Member, and Kathy Ferrell, Family Member, to the Tulare County Mental Health Board for terms ending December 31, 2014.

13.             Appoint Bette George, At-Large Member, to the Delta Vector Control District for a term ending December 31, 2013.

14.             Appoint Joe M. Garcia, County Representative, to the Indian Gaming Local Community Benefit Committee for a term ending June 30, 2012.

Cooperative Extension

15.             Authorize the temporary office closure for the University of California Cooperative Extension Department from December 27 through December 30, 2011.

County Administrative Office/Capital Projects/Facilities/General Services

16.             Ratify actions taken by the County Administrative Officer during the month of November 2011 regarding Good Works Funding agreements.

17.             Authorize the Purchasing Agent to waive the bid process and authorize purchases over $50,000 with ADI Inc., each fiscal year, subject to cancellation by the County.

18.             Approve the bid documents for the Parking Lot Replacement Project subject to County Counsel review at Oak Avenue and Church Street, Visalia.  Authorize the Advertisement of Bids for the subject project.  Set the bid opening for the project at 2:00 p.m. on Thursday, January 19, 2012.  Approve a categorical exemption for repairs of existing facility (parking lot) pursuant to California Environmental Quality Act (CEQA) requirements (CEQA guideline section 15304).  Direct the Clerk of the Board to file the Notice of Exemption with the Recorder's Office.

19.             Approve an amendment to Lease Agreement No. 23660 between the County of Tulare and Prem and Meena Kamboj to extend the term of the Agreement an initial two (2) years for office space located at 1008 Cherry Street in the City of Tulare.

Health & Human Services Agency

20.             Approve an amendment to Agreement No. 24666 with Intelegy, Inc. in an amount not to exceed $504,306 for the provision of consulting services for a full Centralized Client Contact model.

21.             Approve the Memorandum of Understanding to provide services on behalf of Child Welfare Services foster children through cooperation, collaboration, and sharing of appropriate information between the Tulare County Health & Human Services Agency Child Welfare Services Division and Valley Teen Ranch Foster Family Agency, retroactive to July 1, 2011 through June 30, 2016.  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 Memorandum of Understanding on that date.

22.             Approve the Memorandum of Understanding to provide services on behalf of Child Welfare Services foster children through cooperation, collaboration, and sharing of appropriate information between the Tulare County Health & Human Services Agency Child Welfare Services Division and Transitions Children's Services Foster Family Agency retroactive to July 1, 2011 through June 30, 2016. 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 Memorandum of Understanding on that date.

23.             Approve the Memorandum of Understanding to provide services on behalf of Child Welfare Services foster children through the cooperation, collaboration, and sharing of appropriate information between the Tulare County Health & Human Services Agency Child Welfare Services Division and Quality Group Homes, Inc. Foster Family Agency retroactive to July 1, 2011 through June 30, 2016.  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 Memorandum of Understanding on that date.

24.             Approve the Memorandum of Understanding to provide services on behalf of Child Welfare Services foster children through cooperation, collaboration, and sharing of appropriate information between the Tulare County Health & Human Services Agency Child Welfare Services Division and North Star Family Center Foster Family Agency retroactive to July 1, 2011 through June 30, 2016.  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 Memorandum of Understanding on that date.

25.             Approve the Memorandum of Understanding to provide services on behalf of Child Welfare Services foster children through cooperation, collaboration, and sharing of appropriate information between the Tulare County Health & Human Services Agency Child Welfare Services Division and Proteus Foster Family Agency retroactive to July 1, 2011 through June 30, 2016.  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.

26.             Authorize the Tulare County Director of Mental Health to accept the State Department of Mental Health identified Tulare County undistributed Mental Health Services Act funds from Fiscal Year 2011-2012 in the amount of $6,022,150, per Assembly Bill 100.  Approve the necessary budget adjustments. (4/5ths vote required).

Human Resources & Development

27.             Approve a Renewal Agreement with Standard Life for Employee Life, Accidental Death and Dismemberment and Long-Term Disability insurance through December 31, 2013.

28.             Approve an Administrative Services agreement with Chimienti and Associates for administration of programs pursuant to IRS 125 regulation pertaining to health and other related insurance programs, for the period of January 1, 2012 through December 31, 2012.

29.             Waive the standard venue requirement of Tulare County for the Contract with G-2 Solutions.

Information & Communications Technology

30.             Approve an agreement with the City of Fresno to complete the Public Safety Interoperable Communication Grant project, 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.

Probation

31.             Adopt the classification of Probation Collections Investigator II.  Approve the Personnel Resolution flexibly allocating Probation Collections Investigator I to Probation Collections Investigator I/II and increase the salary range of the Probation Accounts Supervisor, subject to meet and confer.


Resource Management Agency

32.             Approve the funding agreement from the California Department of Public Health, in the amount of $50,000 for Fiscal Year 2011/2012 in emergency grant monies, for the Seville water equipment repair project.  Authorize the Chairman of the Board to sign the Funding Agreement, and any amendments, from the California Department of Public Health, for emergency repairs to the Seville water system.  Designate the Assistant Director-Public Works, a registered engineer, to: Approve claims for reimbursement, sign the project's Budget and Expenditure Summary, sign the Certification of Project Completion, and sign the Final Release Form.  Approve the necessary budget adjustments. (4/5ths vote required)

33.             Approve Program Supplement No. N057 to Administering Agency-State Agreement for Federal-Aid Project  No. 06-5946 for the Repowering of 5 Off-Road Construction Engines.  Authorize the Chairman to sign Program Supplement No. N057 on behalf of the County of Tulare.

34.             Approve Program Supplement No. N056 to Administering Agency-State Agreement for Federal-Aid Project  No. 06-5946 for the Repowering of 2 Off-Road Construction Engines.  Authorize the Chairman to sign Program Supplement No. N056 on behalf of the County of Tulare.

35.             Approve a Subrecipient Agreement in an amount not to exceed $180,000 with Valley Small Business Development Corporation to provide services for the Tulare County Microenterprise & Façade Improvement Programs funded by Community Development Block Grant Nos. 08-EDEF-5894 & 09-EDEF-6541.  Authorize the Chairman of the Board to execute the Subrecipient Agreement, pending approval by County Counsel.

36.             Approve a Subrecipient Agreement in an amount not to exceed $125,000 with Valley Small Business Development Corporation to provide services for the Tulare County Microenterprise & Façade Improvement Programs funded by Community Development Block Grant Nos. 08-EDEF-5894 & 09-EDEF-6541.

Sheriff/Coroner

37.             Ratify and approve an amendment to Agreement No. 24026 with the California Emergency Management Agency 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.  Approve the necessary budget adjustments. (4/5ths vote required)

38.             Approve an amendment to Agreement No. 23796 with U.S. Department of Justice for the Annual Federal Equitable Sharing Agreement, retroactive to July 1, 2011 through June 30, 2012.  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.

39.             Approve an agreement with United States Forest Service for patrol services on Forest Service land, effective as of the date of the last signature through September 30, 2016.  Approve the Operating Plan to the agreement for up to $50,000, effective the date of the last signature through September 30, 2012.

40.             Find that the need for specialized communications equipment that must be installed at a solar radio site justifies a sole source purchase.  Authorize the Purchasing Agent to waive the bid process for the purchase of the specialized search and rescue communications equipment.  Approve a capital asset purchase not to exceed $45,000 for the purchase of four communication repeaters.  Authorize the necessary budget adjustments.  (4/5ths vote required)

Superior Court

41.             Approve a Memorandum of Understanding with the Superior Court of California, County of Tulare, to implement the optional amnesty program as specified in Vehicle Code 42008.7 and amended by AB 1358 (Fuentes), subject to review and approval as to form by County Counsel.

Workforce Investment Board

42.             Approve an agreement with County of Stanislaus Alliance Worknet State Energy Sector Partnership Grant in the amount of $86,527.  The Workforce Investment Board will provide outreach, program eligibility, assessment, supportive services, training, job development, and follow-up activities in an identified related green industry, retroactive to November 1, 2011 through January 28, 2013.  Find that the Board had authority to enter into the proposed agreement as of November 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)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

43.             Request from County Administrative Office to approve the recommendation to award Jay W. Powell the Conflict Public Defender contract for the County of Tulare.  Approve an amendment to Agreement No. 22970, extending the term through January 31, 2012.

44.             Request from County Administrative Office to review two proposed November 2012 ballot measures and take action on one of the following options:  1) Support "The Local Taxpayers, Public Safety and Local Services Protection Act of 2012" sponsored by Californians to Protect Public Safety, a joint committee formed by the California State Association of Counties, the California State Sheriffs'  Association, and the Chief Probation Officers of California; 2) Support "The Schools and Local Public Safety Protection Act of 2012" sponsored by Governor Jerry Brown; 3) Do not take a position of support on either "The Local Taxpayers, Public Safety and Local Services Protection Act of 2012" or "The Schools and Local Public Safety Protection Act of 2012" ballot measure.


45.             Request from Health and Human Services Agency to approve an agreement with the Tulare Children's Medical Clinic to provide primary and specialty care services for pediatric patients, retroactive to December 1, 2011 through January 31, 2014, to replace and supercede Tulare County Contract No. 23658.

46.             Request from Health & Human Services Agency to approve additional staffing in response to additional needs within the agency.  Approve necessary budget adjustments (4/5ths vote required). Approve the Job Specifications for: TulareWORKS Statistical Research Analyst, Medical Billing Manager, and Clinic Coordinator.  Approve a Personnel Resolution amending the Fiscal Year 2011/2012 position allocations for the Health & Human Services Agency, adding 6 full time employees: 1 Program Aide II, 1 TulareWORKS Statistical Research Analyst, 1 Administrative Specialist II, 1 Administrative Aide, 1 Clinic Coordinator, and 1 Medical Billing Manager.

47.             Presentation by Resource Management Agency regarding an overview of a proposed Economic Development Website.

48.             Request from Sheriff's Department to authorize submission of an AB 900 Phase II application to the California Corrections Standards Authority for up to $60 million to construct a new jail in Tulare County.

(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:  County of Tulare vs. Cutts, Living Trusts et al Superior Court of County of Tulare, case number 11-240884

Next Item(s) Sitting as...

ITEM B

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 C

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

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ITEM D

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 3

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: 1

Potential Litigation Regarding Opposition to the Tulare County Traffic and Facilities Development Impact Fee Program

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL

Details

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

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

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