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 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

March 20, 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.                  Recognize David Lopez of the Probation Department upon his retirement for his many years of County service.

2.                  Recognize Bill Swanson of the Fire Department upon his retirement for his many years of County service.

3.                  Present Proclamation recognizing March 2012 as Brain Injury Awareness Month.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from Resource Management Agency to review and receive public comment regarding the closeout of Community Development Block Grant No. 08-EDEF-5894. Approve the Final Grantee Performance Report. Authorize the County Administrative Officer to sign the final closeout certification documents. Authorize submittal of all signed closeout documents to the State Department of Housing and Community Development.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 16)

 

 

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.

 

 

 

County Administrative Office

7.                  Approve a confidentiality agreement with the California Department of Public Health to acquire data for the County of Tulare Disadvantaged Community Water Study.

Health & Human Services Agency

8.                  Approve an amendment to Agreement No. 23927 with Tulare Local Health Care District for the sharing of medical information, retroactive to January 1, 2012 until terminated by either party. Find that the Board had authority to enter into the proposed Agreement as of January 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

9.                  Approve an amendment to Agreement No. 25040 with Pridestaff Inc. d.b.a RX Relief in an amount not to exceed $100,000 to provide temporary pharmacist and pharmacy technician services for Tulare County Health & Human Services, retroactive to January 30, 2012 through June 30, 2013. Find that the Board had authority to enter into the proposed amendment as of January 30, 2012, and it was in the County's best interest to enter into the amendment on that date.

10.             Approve an agreement with the California Department of Public Health, Immunization Branch, to receive funding in the amount of $292,716 to renew the Immunization Program in Tulare County, retroactive from 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.

Resource Management Agency

11.             Authorize the submittal of a Safe Routes to School grant application to the State of California (Caltrans) to construct pedestrian improvements in the amount of $191,000 in the vicinity of the Orosi High School.

12.             Authorize the submittal of a Safe Routes to School grant application to the State of California (Caltrans) to construct pedestrian improvements in the amount of $287,900 in the vicinity of the John J. Doyle Elementary School in East Porterville.

13.             Authorize submittal of a California Department of Transportation (Caltrans) Community Based Transportation Planning Grant Application for $259,100 to perform a Community and Transportation Plan in Three Rivers. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this application. Authorize the Chairman of the Board (or his/her designee), to execute, in the name of the County of Tulare, the Funds Transfer Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by Caltrans for participation in the grant program, subject to County Counsel approval as to form. Authorize and direct the Grants Division Manager to submit Funds Requests and other program-supporting documentation.

14.             Ratify and approve an amendment to Agreement No. 20827 with Dokken Engineering to provide design, and right of way acquisition and construction engineering services under Task Orders 2 and 3 for the Road 80 Widening Project. This amendment increases the total compensation to Dokken Engineering from a not to exceed $5,466,746.40 to a not to exceed $6,116,733.40 and extends the term of the agreement to June 30, 2013. Find that the Board had the authority to into the amendment as of January 31, 2012, and that is was in the County's best interest to enter into the amendment as of that date. Authorize the Chairman to sign said amendment, subject to review and approval as to form by County Counsel.

Sheriff/Coroner

15.             Approve an agreement with LexisNexis in an amount not to exceed $31,000 for law library services in the Sheriff's Detention facilities, retroactive to March 1, 2012 through February 29, 2016. Find that the Board had authority to enter into the proposed agreement as of March 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

Superior Court

16.             Proclaim May 6-12, 2012 as Juror Appreciation Week in Tulare County.

 

 

 

 

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

17.             Request from Human Resources & Development to endorse a County sponsored Wellness Fair for all Tulare County employees as part of the ongoing Human Resources and Development Department work plan. Authorize employees who are working during the Fair's hours, each year, to attend on County time, subject to coordination and approval of their department to assure that services continue to be provided. Authorize funding from Tulare County's health education and training funds held by the California State Association of Counties - Employees Insurance Authority and disbursed on the direction of the County's Risk Manager.

18.             Request from the County Administrative Office to receive Mid-Year Budget Report for Fiscal Year 2011/2012. Approve proposed schedule for preparation and adoption of the Fiscal Year 2012/2013 Budget, which incorporates a rollover budget as the operating budget (including the capital projects budget) for the period between July 1, 2012 and adoption of the 2012/2013 Budget (4/5ths vote required). Approve the continuance of a hiring freeze providing the County Administrative Officer enhanced discretion to hold positions vacant. Authorize the Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County Administrative Officer, to process budget adjustments resulting from the Mid-Year Budget Report.

(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: 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 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: 1

Next Item(s) Sitting as...

ITEM D

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 E

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 F

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 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: 3

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 REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: North to South railroad line from Jovista to Dinuba running through Lindsay and Exeter up to the County line. The East to West railroad line running through Exeter and Visalia, toward Hanford, up to the County line.

Agency Negotiator: Jean M. Rousseau

Negotiating Parties: Union Pacific Railroad Company

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM K

CONFERENCE 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 NEGOATIATOR

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...