MEMBERS OF THE BOARD

 

ALLEN ISHIDA - Chairman

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

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

 

January 24, 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.                  State of the County presented by the Chairman Allen Ishida.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Probation Department for the establishment of fees for processing jurisdictional transfer and requests for interstate compact supervision by the Probation Department. Approve the jurisdictional transfer and interstate compact fees and authorize the Probation Department to adopt these fees upon approval by the Board of Supervisors. Approve the necessary budget adjustments. (4/5ths vote required)

5.                  PUBLIC HEARING: Request from Resource Management Agency to find there is no substantial evidence that the proposed amendment to the Zoning Ordinance will have a significant effect on the environment and that a Notice of Exemption for said Zoning Ordinance Amendment reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Waive the second reading and adopt an Ordinance amending Section 2 and Part II G of Section 16 of the Tulare County Zoning Ordinance pertaining to reviewing public works staging areas for public projects through administrative use permits. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and to post a certified copy of the full Ordinance amending Tulare County Ordinance No. 352, with the names of the Board of Supervisors voting for and against the amendment, within fifteen (15) days as required by Government Code Section 25124 and to cause the Notice of Exemption to be filed with the Tulare County Clerk-Recorder.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 27)

 

 

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

6.                  Reappoint Catherine Doe, Jeff Ritchie, and Mike Shannon to the St. Johns Water District as Directors for terms ending January 4, 2016.

7.                  Reappoint Stanley Bennett as Public Member to the Treasury Oversight Committee for a term ending December 17, 2014.

8.                  Reappoint John D. Lollis as Incorporated Cities Representative, Tim Spade as Hospitals Representative and Stephen C. Harrell as Member - At Large Representative to the Ambulance Independent Compliance Committee for terms ending December 31, 2013.

9.                  Reappoint Philip Larson and Joaquin Parsons to the Porterville Public Cemetery District for terms ending January 4, 2016.

10.             Ratify the following Proclamations: Honoring Dylan Chun Wong and Brian Russo for Earning the Rank of Eagle Scout; and Honoring Patricia Foster for 36 Years of Loyal and Dedicated Service to Tulare County.

Cooperative Extension

11.             Approve the submittal of an application for the Tulare County Weed Management Area Noxious Weed and Invasive Plant Control within Mines project. Certify that the Applicant understands the assurances and certification requirements in the application. Appoint Jim Sullins, Department Head, or designee, as agent to submit application and conduct all contract negotiations.

Fire Department

12.             Approve an agreement with the Orange Cove Fire Protection District for fire protection service enhanced mutual aid, retroactive to November 1, 2011 through June 30, 2012 to be renewed annually unless terminated by either party upon 90 days written notice. 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.

Health & Human Services Agency

13.             Approve an amendment to Agreement No. 23165 with the State Department of Alcohol and Drug Programs to decrease the agreement by $4,359,722 from $16,146,924 to $11,787,202 for combined Drug/Medi-Cal and Net Negotiated Funds to provide substance abuse treatment and prevention programs, 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.

14.             Approve an agreement with Traditions Psychology Group d.b.a Traditions Behavioral Health in an amount not to exceed $200,000 for the provision of acute psychiatric inpatient professional services for Short-Doyle patients and Medi-Cal beneficiaries, retroactive from July 1, 2011 through June 30, 2012. Find that the Board had 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.

15.             Approve a Memorandum of Understanding with the California Department of Public Health to delineate the conditions under which the California Department of Public Health will transfer medical surge assets to the County of Tulare Health Department effective January 24, 2012 through June 30, 2012.

16.             Approve the annual Certification Statements for California Children's Services and Child Health and Disability Prevention for Fiscal Year 2011/2012, retroactive to July 1, 2011. Find that the Board had authority to approve the annual Certification Statements as of July 1, 2011, and that it was in the County's best interest to approve the statements on that date.

17.             Adopt the 2011 Tulare County Local Hazard Mitigation Plan.

18.             Approve the Tulare County Child Care Planning and Development Council Certification Statement.

19.             Approve the acceptance of funds from the Health Resources and Services Administration for the Federal Fiscal Year 2010/2011 Public Access Defibrillation Demonstration Project in the amount of $225,890, retroactive to September 1, 2009 through August 31, 2012. Find that the Board had authority to accept the grant funds as of September 1, 2009, and that it was in the County's best interest to accept the funding on that date. Find that the Tulare County Health & Human Services Agency has the authority to spend these funds in the amounts that are necessary to fulfill the terms of this grant. Approve the necessary budget adjustments. (4/5th vote required)

20.             Authorize Tulare County to participate as a member in the California Mental Health Services Authority, a Joint Powers Authority, with other California counties in order to jointly develop and implement mental health services and education programs on a regional and state-wide basis. Appoint the Tulare County Director of Mental Health as the representative for Tulare County in the California Mental Health Services Authority. Authorize the Chairman of the Board to sign three (3) copies of the New Data Fee Form and the Joint Powers Agreement.

Human Resources & Development

21.             Approve an agreement with the Service Employees International Union for the provision of a stipend for the Child Welfare Services classifications of Social Services Worker III-CWS, Social Services Worker III-CWS-Lead, and Child Welfare Services Supervisor that possess a Masters of Social Work degree.

Resource Management Agency

22.             FOR INFORMATION ONLY: Bid Opening results for the construction of Road 80 from South of St. John's River to Avenue 384 and Culvert on Avenue 360 (Phase 3).

Contractor

Amount

Menefee Construction

$ 16,367,582.06

Papich Construction Inc

$ 16,502,321.72

Teichert Construction

$ 16,887,308.00

Granite Construction Company

$ 16,943,933.00

American Paving Company

$ 17,226,065.00

Agee Construction Crop

$ 17,660,014.00

RGW Construction Inc

$ 17,772,476.00

Lees Paving Inc

$ 17,981,866.05

Emmett's Excavation Inc

$ 18,175,399.00

DeSilva Gates Construction

$ 18,181,818.00

W.Jaxon Baker Inc

$ 18,423,793.50

RJ Berry Jr Inc

$ 18,750,431.00

Engineers Estimate

$ 17,355,695.00

23.             Approve the Federal Fiscal Year 2012 Certifications and Assurances for Federal Transit Administration Assistance Programs. Authorize the Chairman to execute the Affirmation of Applicant signature page, subject to review and approval as to form by County Counsel. Authorize future Chairman to execute the Affirmation of Applicant signature page for up to three (3) subsequent Federal Fiscal Years.

24.             Approve an amendment to Agreement No. 23914 with BRADCO Environmental for a one (1) year extension to provide wood and green waste recycling services at the County landfills, under the same terms and conditions, through January 31, 2013.

25.             Approve the Measure R Program Supplement to Cooperative Agreement No. 23149 with the Tulare County Association of Governments, acting as the Local Transportation Authority, for right of way and construction of the Avenue 416 Kings River Bridge Replacement Project in the amount of $1,714,077.

26.             Approve the Pipeline Development Agreement with Alta Irrigation District for culvert extensions for the Road 80 Phase 3 Widening Project from south of the St. John's River to Avenue 384. Approve the Joint Escrow Instructions with Alta Irrigation District and authorize the Chairman to sign the letter to Fresno Escrow Corporation containing said instructions. Approve the deposit of $130,100 into an escrow account at Fresno Escrow Corporation under the terms of the Pipeline Development Agreement and Joint Escrow Instructions.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

27.             Review and accept the following documents as complete and adequate for each of the Tulare County Redevelopment Agency's eight project areas, including Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center, Richgrove and Traver, for the Fiscal Year ending June 30, 2011: Annual Audit Report of financial activities of the Tulare County Redevelopment Agency; Annual State Controller's Report; Annual Housing Report to the California Department of Housing and Community Development; Annual Blight Report; Annual Land Report; and Annual Loan Report. Direct that these reports be submitted by the Executive Director, as required by the California Health and Safety Code, to the Office of the State Controller and the California Department of Housing and Community Development.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

28.             Request from the Probation Department to delete an existing Grants Specialist II position. Add a new Staff Services Analyst flexibly allocated to I/II/III and flexibly allocate existing Staff Services Analyst II to I/II/III. Approve the Personnel Resolution deleting one (1) Grants Specialist position, adding one (1) Staff Services Analyst flexibly allocated to I/II/III and flexibly allocating one (1) existing Staff Services Analyst II to I/II/III.

29.             Request from Resource Management Agency to delete seven (7) allocated Community Development Specialist positions (six (6) filled, one (1) vacant), effective February 24, 2012. Direct the Resource Management Agency and Human Resources and Development Department to initiate the layoff process, including the issuance of layoff notices. Delegate and authorize the County Administrative Officer and Human Resources Director to extend the layoff notices if circumstances regarding Redevelopment funding and issues warrant the extension past the original 30 day period. Authorize Human Resources and Development to initiate meet and confer. Approve the addition of one (1) allocated Grants Specialist II position and three (3) allocated Grants Specialist positions in a new budget unit RMA-Administration Branch-Grants Division (001-230-4000). Allocate one (1) new position of Grants and Development Manager and adopt the new job specification and salary grade of Salary Band 6. Delete the position of Community Development Manager (#9072). Reclassify the incumbent in position #9072 to the new position of Grants and Development Manager (At-Will) and appoint incumbent to current annual salary level, $78,854, within the band. Transfer one (1) Accountant III position (#8932) from the RMA-Community Development Division to the RMA-Fiscal Division, effective January 29, 2012. Authorize the County Administrative Officer and Auditor-Controller to make the necessary adjustments to the budget as needed (4/5ths vote required).

30.             Presentation from the Resource Management Agency regarding an update of the Economic Development Web Site.

31.             Presentation from the Resource Management Agency by the Tulare County Tourism Manager regarding an overview of Sequoia Tourism Council's marketing activities.

(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: Linda Marquez vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ953136

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ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. Bank of America et. al.

Case No. 1:09-cv-02155-OWW-DLB (Eastern District of CA) and No. 1:10-cv-628 (Southern District of NY)

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 - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

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ITEM E

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Interim Health and Human Services Agency Director

(Government Code Section 54957.6)

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ITEM F

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Board Representative

(Government Code Section 54957.6)

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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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