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


February 28, 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.                  Proclamation presented to Monty Dill, owner of Water Dynamics, for his contribution to the Community of Seville in Tulare County. Acknowledge and accept the donation of a water pressure tank, valued at $6,905.95, from Water Dynamics Inc., designated for use by the Seville Water Company for the benefit of the community of Seville. Approve the necessary budget adjustments. (4/5ths vote required)

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  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 Parts II B and II G of Section 16 of Uncodified Tulare County Ordinance No. 352 as amended (Commonly known as the Zoning Ordinance of Tulare County) pertaining to reviewing non-commercial kennels 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 the 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 5 through 57)

 

 

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.

 

 

Agricultural Commissioner/Sealer

5.                  Approve an agreement with the United States Department of Agriculture in the amount of $570,000 for providing funding for an Area Wide Glassy-winged Sharpshooter Management Program, retroactive to December 1, 2011 through November 30, 2012. Find that the Board had 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. Approve and authorize the Chairman to sign an Application for Federal Assistance (Standard Form 424) retroactive to December 1, 2011 through November 30, 2012. Authorize and empower the Chairman of the Board, pursuant to resolution, to execute and sign all grant related documents necessary to secure grant funds and implement the approved grant project.

 

 

6.                  Approve an amendment to Agreement No. 24717 with the California Department of Food and Agriculture reducing the two year agreement from $1,456,000 to $1,064,000 for providing funding for the detection/suppression of the Glassy-winged Sharpshooter, retroactive to July 1, 2010 through June 30, 2012. 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)

Auditor/Controller/Registrar of Voters

7.                  Add one exempt Accountant I/II/III flexibly allocated position to the Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters Department. Approve the Personnel Resolution adding one exempt Accountant I/II/III flexibly allocated. Approve the necessary budget adjustments. (4/5ths vote required)

8.                  Approve the candidate statement regulations and printing fees for the June 5, 2012 Primary Election, and the November 6, 2012 General Election. Require each candidate filing a statement to pay the estimated cost in advance. Candidates will be refunded or billed for the difference. Limit each candidate's statement to no more than 200 words for County offices and 250 words for State offices.

Board of Supervisors

9.                  Ratify a Proclamation Honoring Ron Davis for 50 years of Woodlake Rotary Club Membership.

10.             Reappoint Bill Place and Larry Jordan to the Eshom Valley Cemetery District for terms ending January 4, 2016.

11.             Reappoint Jack McPhetridge and Jerry Stover to the Tipton-Pixley Public Cemetery District for terms ending January 4, 2016.

12.             Reappoint Mike Rising to the Woodville Public Cemetery District for a term ending January 4, 2016.

13.             Reappoint Dennis Medders and Rachel Hill to the Lindsay-Strathmore Public Cemetery District for terms ending January 4, 2016.

14.             Appoint Peg L. Yeates, District 3 Representative to the Defined Contribution Committee for a term ending January 2, 2013.

15.             Appoint Supervisor Phillip Cox and John Hess, Public Member to the County of Tulare Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

16.             Appoint Supervior Phillip Cox and John Hess, Public Member to the City of Visalia Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

17.             Appoint Supervisor Allen Ishida and Laurie Mercer, Public Member to the City of Farmersville Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

18.             Appoint Supervisor Allen Ishida and Laurie Mercer, Public Member to the City of Exeter Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

19.             Appoint Supervisor Allen Ishida and Laurie Mercer, Public Member to the City of Lindsay Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

20.             Appoint Supervisor Pete Vander Poel and Betty Morehead, Public Member to the City of Tulare Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

21.             Appoint Supervisor Steven Worthley and John Hess, Public Member to the City of Woodlake Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

22.             Appoint Supervisor Mike Ennis and John Hess, Public Member to the City of Porterville Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

County Administrative Office

23.             Ratify actions taken by the County Administrative Officer during the months of December 2011 and January 2012.

24.             Approve an agreement with Jay W. Powell in the amount of $177,890.17 per month plus ancillary services to provide conflict public defender services, retroactive to February 1, 2012 through December 31, 2014. Authorize the Chairman to sign the Conflict Public Defender contract, subject to review and approval as to form by County Counsel. Find that the Board had authority to enter into the proposed agreement as of February 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

District Attorney

25.             Approve a Personnel Resolution amending the Fiscal Year 2011/2012 position allocations of the District Attorney's office to add a Prosecution Assistant and a Legal Office Assistant I. Approve the necessary budget adjustments. (4/5ths vote required)

26.             Approve an amendment to Agreement No. 24021 with the California Emergency Management Agency to accept grant funding in the amount of $6,775 for the Central Valley Rural Crime Prevention Program, retroactive to July 1, 2010 through December 31, 2012. 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)

General Services

27.             Allow the Civil War Reenactment at Mooney Grove Park, including the discharge of firearms (limited to blank ammunition), on March 1-4, 2012. Allow overnight camping during the event by participants. Allow the use of fire pits.

 

28.             Limit the number of vehicles to a maximum of 1,000 on both Easter Saturday, April 7, 2012 and on Easter Sunday, April 8, 2012 at Mooney Grove Park. Prohibit drinking alcohol on both, Easter Saturday, April 7, 2012 and Easter Sunday, April 8, 2012 at Mooney Grove Park. Close the parking lot at Government Plaza on Easter Saturday, April 7, 2012 and Easter Sunday, April 8, 2012. Authorization to post signs at Mooney Grove Park on Easter Saturday, April 7, 2012 and Easter Sunday, April 8, 2012 with the following language, "Anyone exhibiting inappropriate behavior will be removed from the park".

29.             Approve a Lease Agreement with the Boys and Girls Club of Tulare County, d.b.a. Boys and Girls Club of the Sequoias for space located at 15892 Azalea in the community of Ivanhoe. Authorize the Chairman to execute the Lease Agreement upon submission, subject to County Counsel approval as to form. Approve the necessary budget adjustments. (4/5ths vote required)

Health & Human Services Agency

30.             Approve an amendment to Agreement No. 25028 with Aspiranet, to increase the maximum amount of the agreement from $120,000 to $130,352 for Fiscal Year July 1, 2011 through June 30, 2012. Approve the necessary budget adjustments. (4/5ths vote required)

31.             Approve an agreement with Eleanor Roosevelt Community Learning Center for Tulare County Health & Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2011 through June 30, 2015. 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.

32.             Approve an agreement with the California Department of Public Health, Office of AIDS for the AIDS Drug Assistance Program in the amount of $2,624, 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.

33.             Approve the adjustment in the Capital Asset line and Fiscal Year 2011/2012 budget in the amount of $5,280 for the purchase of a network switch for the County's Emergency Operations Center. Approve the necessary budget adjustments. (4/5ths vote required)

34.             Allow Tulare County Health & Human Services Agency (HHSA) to receive the contract for the Summer Food Program with the California Department of Education, Nutrition Services Division.

35.             Designate the Tulare County Health & Human Services Agency as the public agency responsible for administration of the Child Abuse Prevention, Intervention and Treatment; Community Based Child Abuse Prevention; and Promoting Safe and Stable Families Plan Contracts. Designate the Children's Services Network as the community group to make funding recommendations to the Board for Promoting Safe and Stable Families Funds. Designate the Child Abuse Prevention Council community group to make funding recommendations for Child Abuse Prevention, Intervention, and Treatment; Community Based Child Abuse Prevention; and Child Trust Funds.

36.             Approve the adjustment in the Capital Asset line and Fiscal Year 2011/2012 budget in the amount of $35,000 for the purchase of one full-size pick-up truck to replace the current high mileage vehicle for the Dairy and Milk Inspection Program. Approve the necessary budget adjustments. (4/5ths vote required)

Probation

37.             Approve the Capital Asset purchase of a Surveillance System for the AB109 Program in the total amount of $10,500. Approve the necessary budget adjustments. (4/5ths vote required)

Public Defender

38.             Approve the new classification and compensation of Public Defender Investigative Assistant. Approve allocation of three Public Defender Investigative Assistant positions. Approve the reclassification of one Investigator Aide (Position 7574) to the new classification of Public Defender Investigative Assistant. Approve the deletion of three Investigator Aide Position (Position 7574, 9352, 9383) (two vacant, one filled).

Resource Management Agency

39.             Approve the necessary budget adjustments for Resource Management Agency Grants Division and Program Income. (4/5ths vote required)

40.             Waive the second reading and adopt the Ordinance amending Sections 7-27-1010, 7-27-1100 and 7-27-1180 of Chapter 27 of Part VII of the Tulare County Ordinance Code pertaining to flood damage prevention. Direct the Clerk to the Board to publish a summary of the Ordinance and post a full copy of the ordinance within 15 days adoption as required by law.

41.             Approve and accept the Earlimart Safety & Community Study Final Report.

42.             Approve the Measure R Program Supplement to Cooperative Agreement with the Tulare County Transportation Authority for the construction of the Avenue 416 at Road 80 Intersection Improvements project in the amount of $1,252,574.

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

44.             Approve participation and support of the San Joaquin Valley as a Designation of an Economic Development District.

45.             Approve and award the contract for construction of Avenue 416 at Road 80 Intersection Improvements to the lowest responsive and responsible bidder, Dawson-Mauldin Construction, Inc. of Huntington Beach, California, in the amount of $1,943,711.50. Authorize the Chairman to sign the contract after 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 contractor's license. Allow funds in the amount of $194,371 (10%) to cover unexpected construction conditions. Approve the necessary budget adjustments. (4/5ths vote required).

46.             Approve an agreement with Delta Habitat LLC in the amount of $60,000 for the purchase of fifteen Valley Elderberry Longhorn Beetle conservation credits as part of the environmental mitigations required for the Avenue 416 Kings River Bridge Replacement Project.

47.             Approve "No Parking Zone" (painted red curb) for 15 feet on each side of the proposed mid-block school crossing. Approve the Measure R Program Supplement to the Cooperative Agreement with the Tulare County Transportation Authority, in the amount of $35,000, for the Hope Elementary School Zone Driver Speed Feedback Signs and LED Rectangular Rapid Flashing Beacon School Crossing Signs.

48.             Approve the Measure R Program Supplement to the Cooperative Agreement with the Tulare County Transportation Authority, in the amount of $25,600, for the Palo Verde Elementary School Zone Driver Speed Feedback Signs.

49.             Approve a request to adopt revisions to the Indemnification and Cost Recovery Agreement with New Cingular Wireless (Special Use Permit No. PSP 11-032).

Sheriff/Coroner

50.             Ratify and approve an amendment to Agreement No. 24491 with the California Emergency Management Agency to extend the term to September 30, 2012 for the Tulare County Clandestine Laboratory Unit Program, retroactive to March 1, 2010. Find that the Board had authority to enter into the agreement as of March 1, 2010, and that it was in the County's best interest to enter into the agreement as of that date.

51.             Approve the Capital Asset purchase of a Mugshot and Digital Crime Scene Backup Server not to exceed $7,000. Approve the necessary budget adjustments. (4/5ths vote required)

52.             Ratify and approve an amendment to Agreement No. 23774 with the California Emergency Management Agency to increase funding by $22,610 for the Tulare County Sexual Assault Felony Enforcement Program, retroactive to July 1, 2010, through March 31, 2012. Find that the Board had authority to enter into the 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)

53.             Ratify and approve an amendment to Agreement No. 24752 with the California Emergency Management Agency to extend the term of the agreement to June 30, 2013 for the South Valley Marijuana Suppression Program, retroactive to July 1, 2011, Find that the Board had authority to enter into the amendment as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

54.             Ratify and approve an amendment to Agreement No. 24488 with the California Emergency Management Agency to extend the term to September 30, 2012 for the Tulare County Inter-Agency Narcotics Enforcement Team Program, retroactive to March 1, 2010. Find that the Board had authority to enter into the agreement as of March 1, 2010, and that it was in the County's best interest to enter into the agreement as of that date.

55.             Approve a Memorandum of Understanding with Superior Court of California, County of Tulare to provide the Courts with essential security services, retroactive to July 1, 2011 and extending through June 30, 2013. Find that the Board had the 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. Approve and authorize a Personnel Resolution increasing the Sheriff's position allocation by one Sheriff's Security Officer due to the Tulare County Superior Court's request to increase staffing at the west entrance of the Courthouse. Approve the necessary budget adjustments. (4/5ths votes required)

56.             Approve the Capital Asset purchase of a handheld radar system in an amount not to exceed $6,000.

57.             Authorize the Purchasing Agent to approve Tulare County Agreement 6311 with Community Services & Employment Training; Tulare County Agreement 6312 with United Way of Tulare County; Tulare County Agreement 6313 with Cutler-Orosi Joint Unified School District; Tulare County Agreement 6314 with Allison Writing Services; and Tulare County Agreement 6315 with Turning Point of Central California for providing services for the Cutler-Orosi Weed & Seed Program, retroactive to October 1, 2010 through January 31, 2012. Find that the Purchasing Agent had authority to enter into the proposed agreements as of October 1, 2010, and that it was in the County's best interest to enter into the agreements on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

58.             Presentation to provide an overview of Tulare County's Child Protection Plan (2012-2017) and Tulare County's 2012-2016 Integrated System Improvement Plan. Adopt the Tulare County's Child Protection Plan (2012-2017) as the overarching, county-wide plan for protecting Tulare County Children from abuse and neglect. Approve Tulare County's 2012-2016 Integrated System Improvement Plan in compliance with the California Outcomes and Accountability System to improve outcomes for children. Authorize the Director of the Health & Human Services Agency and the Chief of Probation to sign and submit Tulare County's 2012-2016 Integrated System Improvement Plan to California Department of Social Services.

59.             Request from Resource Management Agency to direct the Agency to capture sales tax as part of project approval, environmental clearance, or other discretionary action for solar facility projects, public projects, road projects, and other similar large-scale projects approved by Tulare County.

60.             Request from Resource Management Agency to consider the following options and direct staff accordingly regarding properties subject to code enforcement liens. Option 1: Property abated but no payment of fees, penalties and interest has been received: a) Direct staff to release the liens and close the enforcement cases; or b) Direct staff to reissue the liens and take action to collect the fees, penalties and interest. Option 2: Property not abated and no payment of fees, penalties and interest has been received: a) Direct staff to reissue the liens and begin a new enforcement case if the violation remains; or b) Direct staff to release the liens and close the enforcement cases.

(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: 1

AT&T Mobility Indemnification and Cost Recovery Agreement Revisions.

Board of Supervisors Agenda Item February 28, 2012

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: Estimate 10 or more

Requests from RMA for the Board of Supervisors to consider options regarding properties subject to the County's code enforcement liens.

See Board of Supervisors Agenda March 28, 2012

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: Estimate 10 or more

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

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: 1

Next Item(s) Sitting as...

ITEM F

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 G

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 H

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Arthur Garcia vs. County of Tulare

Workers' Compensation Appeals Board Number: ADJ2513993

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Mario Lopez, Jr., deceased vs. County of Tulare, et al.

USDC 1:11-CV-01547-LJO-BAM

Next Item(s) Sitting as...

ITEM J

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

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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

Next Item(s) Sitting as...

ITEM L

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Board Representative

(Government Code Section 54957.6)

Next Item(s) Sitting as...

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

Next Item(s) Sitting as...