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 FLOOD CONTROL DISTRICT, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

January 10, 2012

 

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.                  Election of the Chairman and Vice Chairman of the Board of Supervisors for the year 2012.

2.                  Approve a Proclamation to recognize and acknowledge the month of January 2012 as National Mentoring Month on behalf of the Big Brothers Big Sisters of Central California.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from the Fire Department to confirm the accounting as modified for the Fire Hazard Abatement Cost Recovery and order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 53)

 

 

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

6.                  Establish the 2011-2012 GANN Appropriations Limit for the County to be $2,881,782,327.

Board of Supervisors

7.                  Approve the 2012 Board of Supervisors Committee Assignments.

8.                  Cancel the following meetings for the Board of Supervisors during 2012:

January 17

April 10

July 17

October 30

February 14

May 29

August 7

November 20

February 21

June 12

August 21

November 27

March 27

July 3

September 4

December 25

 

 

 

 

9.                  Reappoint Clyde Stanger to the Tulare Mosquito Abatement District for a term ending December 31, 2013.

10.             Appoint John Rodriguez as Superintendent of School/Designee to the First 5 Tulare County Commission to serve at the Pleasure of the Board.

11.             Appoint Al Biard as a special alternate to the Assessment Appeals Board to sit on the panel for the Sierra Power Corporation matter.

12.             Appoint Andrew Lockman, Public Health, Tulare County OES, Seat #28, Mathew Caserza, Paramedic Alternate, Seat #27, Dustin Hall, Advanced Life Support Fire, Visalia City Fire Department, Seat #2 to the Tulare County Emergency Medical Care Committee to serve at the Pleasure of the Board.

13.             Appoint Doug Silveria, Member No. 1 and Jack M. Ritchie, Member No. 2 to the Airport Land Use Commission for terms ending December 31, 2015.

14.             Appoint John Hess, District 3, Regular Commissioner to the Tulare County Housing Authority for a term ending December 18, 2015 and reappoint Pamela Shaw, Tenant Commissioner to the Tulare County Housing Authority for a term ending December 18, 2013.

15.             Reappoint Wayne O. Millies, Director 5 and Charles Norman, Member At-Large to the Tulare County Planning Commission for terms ending December 31, 2015.

16.             Reappoint Stan Noble to the Tulare County Resource Conservation District for a term ending November 26, 2014.

County Administrative Office

17.             Approve sending a letter of opposition to AB 801 (Swanson) which would require minimum training standards, continuing education and the requirement to wear a uniform for any public employee authorized to act as a code enforcement officer.

18.             Approve an agreement with PolicyLink to acquire data for the County of Tulare Disadvantaged Community Water Study. Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

19.             Approve an agreement with Carolina Balazs to acquire data for the County of Tulare Disadvantaged Community Water Study. Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

20.             Approve the reclassification of Position No. 8341 Administrative Services Officer II to Fiscal Manager for Tulare County Association of Governments.

District Attorney

21.             Approve the capital asset purchase of a new vehicle for the Automobile Insurance Fraud Prosecution Program in the amount of $19,509. Approve the necessary budget adjustments. (4/5ths vote required)

General Services

22.             Approve a five (5) year exclusive agreement with California Business Machines for the rental of new Kyocera Mita Digital Photocopiers for use by all County departments. Approve the Rental Financing Agreement with U.S. Bancorp Business Equipment Finance Group for the rental payments.

Health & Human Services Agency

23.             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 July 1, 2009 through December 31, 2012. Find that the Board had authority to enter into the amendment as of July 1, 2009, and that it was in the County's best interest to enter into the amendment 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 Legacy Behavioral Services Foster Family Agency retroactive to July 1, 2011. 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 (HHSA) Child Welfare Services Division and Karing 4 Kids, Foster Family Agency retroactive to July 1, 2011. 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.

26.             Authorize the Director of Mental Health, in conjunction with Tulare County General Services - Property Management and Tim Sciacqua, Consultant for Tulare County Department of Mental Health Consumer Housing Projects, to proceed with development of Mental Health Services Act Capital Facilities program. Approve expending due diligence costs not to exceed $40,000 from existing budget.

27.             Approve an agreement with Access Capital Services, Inc., to provide collection services for Tulare County Health & Human Services Agency retroactive to July 1, 2011 through June 30, 2013. 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.

28.             Approve the acceptance of funds from the California Emergency Management Agency for the Fiscal Year 2011 State Homeland Security Grant Program in the amount of $667,589, retroactive to November 18, 2011 through April 30, 2014. Find that the Board had authority to accept the grant funds as of November 18, 2011, and that it was in the County's best interest to accept the funding on that date. Accept funds from the Tulare County Office of Emergency Services on behalf of Sheriff, Fire, District Attorney, Resource Management Agency, and Health and Human Services Agency-Public Health Emergency Preparedness Program. Approve the sole-source purchase of an Air/Light Truck for the Fire Department. Authorize the Purchasing Agent to waive the bid process for the sole-source purchase of an Air/Light Truck, and to sign contract documents related to the purchase. Approve the capital asset purchase of a digital video recording system in the amount of $6,500 for the Sheriff's Department. Approve the necessary budget adjustments for Health & Human Services Agency, District Attorney, Fire, Resource Management Agency, and Sheriff. (4/5ths vote required)

29.             Approve an agreement with Unilab Corporation d.b.a. Quest Diagnostics in an amount not to exceed $225,000 for the provision of clinical laboratory 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.

30.             Approve an agreement with Staffing Connection, Inc., in an amount not to exceed a total of $150,000 to provide on-call nursing staff to fill temporary vacancies for Tulare County Health & Human Services Agency Criminal Justice Facilities, retroactive from September 22, 2011 to June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of September 22, 2011, and that it was in the County's best interest to enter into the agreement on that date.

31.             Approve the Mental Health Services Act, Innovation (INN) Component Plan. Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Innovation (INN) Component Plan to the State Department of Mental Health.

32.             Approve an agreement with Elitecare Nursing Staffing, LLC, in an amount not to exceed a total of $350,000 to provide on-call nursing staff to fill temporary vacancies for Tulare County Health & Human Services Agency Criminal Justice Facilities, retroactive from September 16, 2011 to June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of September 16, 2011, and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

33.             Approve an agreement with Service Employees International Union to allow Health and Human Services Agency employees in units 1, 4 and 7 to be paid for overtime when working on case backlogs through April 7, 2012.

Information & Communications Technology

34.             Authorize the County to sponsor a Tech Fair for all Tulare County employees. Authorize invitations for outside attendees, not limited to; local city governments, local county governments, and local education institutions. Authorize employees who are working during the Fair's hours to attend on County time, subject to coordination and approval of their department to assure that services continue to be provided. Authorize the department to require a registration fee for a booth and additional fees for additional services needed by a vendor. Authorize Tulare County Information & Communications Technology to expend no more than $5,000, in the event fees received do not cover the cost of the event.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY IHSS PUBLIC AUTHORITY

In-Home Supportive Services Public Authority

35.             Approve the side letter agreement with the California United Homecare Workers Union to extend the term of the Memorandum of Understanding through June 30, 2012.

ADJOURN AS THE TULARE COUNTY IHSS PUBLIC AUTHORITY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

 

Resource Management Agency

36.             Introduce and waive the first reading of an Ordinance amending Section 2 and Part II G of Section 16 of the Tulare County Zoning Ordinance pertaining to public works staging areas for public projects through administrative use permits. Approve the summary of the Ordinance and direct the Clerk of the Board to publish the summary and post a certified copy of the complete Ordinance five (5) days prior to the Ordinance adoption. Set a public hearing for January 24, 2012.

37.             Approve the Relinquishment Agreement by and between Caltrans and the County of Tulare (Caltrans Agreement Number 06-1489) for specified collateral facilities along State Route 198 between State Route 99 and the Kings County Line.

38.             Accept the work as complete for construction of the Orosi Landfill Final Closure Project as completed by Mass X Inc. of Clovis, California. Approve payment to Contractor for contract contingencies of $202,286.23 in excess of the contract bid amount. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

39.             Authorize the County Administrative Officer to forward a request, on behalf of the Board of Supervisors, that the Tulare County Association of Governments assume the responsibility to prepare the Tulare County Regional Traffic Impact Fee Program, establish a Traffic Development Impact Fee, and cause collection of said fees.

40.             Accept the work as complete for construction of the asphalt concrete overlay on Road 152 and three (3) overpasses over State Route 99 as complete by Teichert Construction of Fresno, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

41.             Approve the Notice of Restrictive Covenant to Prospective Purchasers for the Earlimart Landfill. Authorize the Chairman to sign the Notice of Restrictive Covenant to Prospective Purchasers. Direct the Clerk to the Board to record the Notice of Restrictive Covenant to Prospective Purchasers in the office of the Tulare County Recorder.

42.             Approve the 2011/2012 Transit Agreement with the City of Visalia, for the City to provide transit service to County of Tulare residents living adjacent to the City of Visalia, 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. Authorize the Chairman to sign the Agreement.

43.             Approve the Plans, Special Provisions, Proposal and Contract for construction of the Avenue 416 at Road 80 Intersection Improvements, subject to review and approval as to form by County Counsel. Authorize the Chairman to sign the Plans. Approve the advertisement of the Avenue 416 at Road 80 Intersection Improvements construction project. Set the bid opening for February 1, 2012 at 2:00 p.m.

44.             Approve Program Supplement No. N059 to Administering Agency-State Agreement for Federal-Aid Project No. 06-5946 for the Repowering of 3 Off-Road Construction Engines.

45.             Approve 2011/2012 Transit Agreement with the City of Porterville, for the City to provide transit service to County of Tulare residents living adjacent to the City of Porterville, 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.

46.             Rescind Tulare County Agreement No. 24817-B (Resolution No. 2011-0876) an amendment to Agreement No. 24817. Approve an amendment to Agreement No. 24817 with 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. The amendment is retroactive to January 1, 2012 and extends the life of the original agreement through May 31, 2012. The amendment was originally approved by the Board of Supervisors on December 6, 2011, however, the Tulare County Association of Governments has requested a language change relative to how the reimbursement to the County is calculated. Find that the Board had the authority to enter into the proposed amendment as of January 1, 2012, and that it was in the County's best interest to enter into the amendment on that date.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

47.             Ratify and approve the retroactive renewal of the Tule River Improvement Joint Powers Project Agreement for the Success Dam Seismic Remediation Project between the Tulare County Flood Control District, the Lower Tule River Irrigation District, the County of Kings, and the Tulare Lake Basin Water Storage District. The term of the agreement is indefinite until terminated by any party. Find that the Board has the authority to enter into the Agreement renewal as of July 1, 2011, and that it was in the County's best interest to enter into the Agreement renewal on that date.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

48.             Approve the capital asset purchase of one replacement patrol vehicle for $38,407 purchased with funds from the Sheriff's Vehicle Replacement Trust Fund 510. Approve the necessary budget adjustments. (4/5ths vote required)

49.             Approve the capital asset purchase of a farm tractor for an amount not to exceed $24,000. Approve the necessary budget adjustments. (4/5ths vote required)

50.             Approve the capital asset purchase of a wood chipper for an amount not to exceed $8,000. Authorize the necessary budget adjustments. (4/5ths vote required)

51.             Approve the capital asset purchase of a livescan machine in the amount of $34,266.

 

 

Treasurer/Tax Collector

52.             Approve an amendment to Agreement No. 25087 in the amount of $3,060 with System Innovator's for additional service request for a custom web page to assist the Treasury division with cash receipts.

Workforce Investment Board

53.             Approve the budget adjustments resulting from the State of California's unilateral modification of Employment Development Department Agreement No. K282513/Tulare County Agreement No. 25077, adding $167,152. This money will be used to provide dislocated workers temporary clean-up jobs as a result of the December 2010 storms. 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

 

54.             Review California High-Speed Rail project and take action on one of the following options: Support the California High-Speed Rail project as currently presented in the Draft 2012 Business Plan; Oppose the California High-Speed Rail project as currently presented in the Draft 2012 Business Plan; Support the California High Speed Rail project under a modified scenario; Do not take a position on the California High-Speed Rail Project.

(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. State of California, et al.

Fresno County Superior Court No. 11 CE CG 04410

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Gilbert and Enedina Marroquin vs. County of Tulare, Tulare Irrigation District, Evans Ditch Company

Tulare County Superior Court Case No. 11-242155

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: County of Tulare vs. Gustavo Martinez, et al.

Tulare County Superior Court Case Number 11-242061

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: County of Tulare vs. Bruce Kenneth Belknap

Tulare County Superior Court Case Number 10-295868

Next Item(s) Sitting as...

ITEM E

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 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

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

Next Item(s) Sitting as...

ITEM H

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 I

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 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

Next Item(s) Sitting as...

Sitting as the In-Home Supportive Services Public Authority

ITEM L

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...