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


 

April 3, 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 honoring McKenna "Bear" Pascoe on winning Super Bowl XLVI as a member of the New York Giants.

2.                  Recognize Harmony Magnet Academy for winning the 2012 Tulare County Academic Decathlon.

3.                  Request from Health and Human Services Agency to declare April 2012 as Child Abuse Prevention Month in Tulare County.

4.                  Recognition of Tulare County Employees who have been selected by their respective departments to be honored in the Employee Recognition Program.  Announce and select the Tulare County Employee of the Year for 2011.

Agricultural Commissioner/Sealer

 

Roy Fontaine

 

 

Rhonda  Rico

 

 

 

 

 

Assessor/Clerk-Recorder

 

Patricia Banuelos

 

 

Dave Lupton

 

 

Ken Swearingen

 

 

 

 

 

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

Oscar Garcia

 

 

Karen Mabry

 

 

 

 

 

Capital Projects/Facilities

 

Brian Clements

 

 

 

 

 

Child Support Services

 

 

James Bonafe

Jessica Medrano

Veronica Rosalez

Doretta Cox

Patricia Meek

Lonna Smith

Hope Garcia

Timothy Pisano

Amanda Yandell

Lisa Marks

Nicolas Ramirez

 

 

 

 

Cooperative Extension

 

 

Teresa Gomes

 

 

 

 

 

County Counsel

 

 

Erica Boatman

 

 

 

 

 

Fire Department

 

 

Christina Gottschall

 

 

Daniel Ortiz

 

 

Jonathan  Roberts

 

 

 

 

 

District Attorney

 

 

Sara Lawless

 

 

 

 

 

General Services

 

 

Kristie Pena

 

 

Jacalynn Wells

 

 

 

 

 

Health & Human Services Agency

 

Jaleh Ahmadi

Joua Her

Kathy Moore

Maria Arredondo

Laurel Hernandez

Eulalia Moreno

Karen Baldwin

Mitzi Hernandez-Maone

Javier Robles

Luann Baldwin

Timothy Hockhalter

Alma Rocha

Dawn Boland

Elizabeth Holguin

Araceli Rodriguez

Michele Boyer

Tessa Houston

Roxanna Ross

Beatrice Bramasco

Gary Kupfer

Anna Schaefer-Cruz

Reta Burkes

Esmeralda Leon

Sommone Seelapasay

Lucinda Canales

Lisa Lewis

Lisa Seliskar

Mark Castillo

Andrew Lockman

Dori Silveria

Lorena Chacon

John Macedo

Somkhith Souryasack

Ross Collins

Maribel Maciel

Monique Spence

Randy Coombs

Leonor Maestas-Banuelos

Christina Stewart

Mary Cossio

Devonna Mallouf

Ann Sullivan

Angela Crisanto

Joel Martens

Yolanda Trevino

Rebecca Cruz

Jill Mason

Courtney Venegas

Jennifer Decker

Marti Maze

Jorge Vidrio

Theresa Delgado

Hal McCauley

Irma Villareal

Maria Escobar-Mora

Olivia McNitt

Veronica Vizcaino

Marie Focha

Janice Miller

Lydia Webster

Josefina Frame

Christopher Millis

Dawn Westling

Deborah Heemstra

Maria Montano

Dayna Wild

Bonnie Hefner

 

 

 

 

 

Human Resources & Development

 

Gail Rasmussen

 

 

 

 

 

Information & Communications Technology

 

Russell Beechinor

 

 

Ian Strachan

 

 

 

 

 

Library

 

 

Fong Thao

 

 

 

 

 

Probation

 

 

Dina Antunovich

Javier Gomez

Jaime Martinez

Janice Boswell

Richard Lancaster

Faye Phillips

Juan Garcia

Johnny Lee

Leonard Stevenson

 

 

 

Resource Management Agency

 

Mike Betzinger

Daniel Fox

Nicole Riley

Charlotte Brusuelas

Valeri Holbrook

 

Donn Dwyer

Lucinda Peton

 

 

 

 

Sheriff's Department

 

 

Laurie Gonzalez

Tamara Pinon

Anthony Rosas

William “Steve” MacElvaine

Stephanie Reed

Steve Sanchez

Dian McKenzie

Edessa Rodriguez

Stefani Vela

 

 

 

Tulare County Association of Governments (TCAG)

Roberto Brady

 

 

 

 

 

Workforce Investment Department

 

Kristy Fairfax

 

 

 

 

5.                  Public Comments.

6.                  Board of Supervisors matters.

 

 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

7.                  PUBLIC HEARING:  Request from the Resource Management Agency to approve an application for funding from the State Department of Housing and Community Development 2012 Community Development Block Grant. Review and approve submittal of the application for $1,100,000 in funding to be distributed as follows: General Program Administration $75,000, Multi-Family Rehabilitation - Nueva Sierra Vista $925,000, Set-Aside - FoodLink $100,000. Determine that Citizen Participation requirements were met during the development of the application. Authorize and direct the Chairman of the Board to sign the completed application and accompanying documents on behalf of the County.  Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this application. Authorize and direct the Chairman of the Board to enter into and sign the Standard Agreement, and any subsequent amendments thereto, with the State of California for the purpose of this grant, subject to County Counsel approval as to form. Authorize and direct the Resource Management Agency Assistant Director of Administration/Community Development Branch or Manager of the Grants and Development Division to sign Funds Requests and other program-supporting documentation. Approve a loan agreement in the amount of $925,000 from the future Community Development Block Grant, if awarded, to Self-Help Enterprises, Inc. for the rehabilitation of the Nueva Sierra Vista Apartments.  Authorize the Chairman of the Board to execute in the name of the County of Tulare, the Loan Agreement, subject to County Counsel review and approval.  Direct the Auditor-Controller to issue warrants.

(Consent Calendar)

 

 

 

 

CONSENT CALENDAR (Number 8 through 30)

 

 

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

8.                  Approve the Capital Asset purchase of a Knopp Type FS-9 Watthour Meter Test System in the amount of $15,360.  Approve the necessary budget adjustments.  (4/5ths vote required)

Auditor-Controller/Registrar of Voters

9.                  Consolidate the Local Contest/Measures with the Statewide Presidential Primary Election and any other Election which may be held within the jurisdiction of said districts on Tuesday, June 5, 2012.  Authorize the Election Official to perform all necessary and required services to the aforementioned districts relating to the conduct of the Local Contests/Measures and Statewide Presidential Primary Election.  Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 and following of the Elections Code.  Agree that each individual district shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the Election Official to the District.  Agree that the Election Official will prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election.  Agree that the elections included in Appendix A are to be consolidated as set forth above.

Board of Supervisors

10.             Ratify the following Proclamations:  Honoring Lynda K. Fitzpatrick and the Celebration of Her LIfe; Honoring Alta Mira Chapter of the Daughters of the American Revolution for its 95 Years of Service; Honoring Van Beek Brothers as the 2012 Tulare Kiwanis Famer of the Year; and Honoring Mary Nunes as the 16th Annual Common Threads Award Recipient.

11.             Reappoint Antonia (Toni) Chavez to the Tulare Public Cemetery District for a term ending January 4, 2016.

12.             Reappoint Glen Stewart to the Sequoia Area VIII Board on Developmental Disabilities for a term ending December 31, 2014.

 

 

County Counsel/Risk Management

13.             Approve the Personnel Resolution adding one Assistant Risk Manager to County Counsel's position allocation and deleting one County Safety Officer (position 1537) due to the restructuring of Risk Management Division, effective pay period 9.

District Attorney

14.             Declare the week of April 22 - 28, 2012 as Victims' Rights Week in Tulare County.

15.             Authorize the submission of a grant application for approximately $400,000 from the Office for Victims of Crime to combat human trafficking in Tulare County for a period of two years from October 1, 2012 through September 30, 2014.

General Services

16.             Terminate Purchasing Agreement No. 6165 with California Business Machines.  Approve an amendment to Agreement No. 25318 with California Business Machines to extend the term of the Agreement to June 30, 2017 and to expand the scope of services.  Authorize the Chairman to sign the Amendment, subject to approval as to form by County Counsel.

Health & Human Services Agency

17.             Approve an adjustment in the Capital Asset line (3022-7035) in the proposed Fiscal Year 2011/2012 Budget in the amount of $12,000 to allow for the purchase of an ultra-low freezer for the Public Health laboratory.  Approve the necessary budget adjustments. (4/5ths vote required)

18.             Approve an agreement with the County of Fresno, the local Emergency Medical Services Agency, to allocate Hospital Preparedness funds in an amount not to exceed $16,250, retroactive from 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.

19.             Approve the Tulare County Mental Health Services Act, Capital Facilities Needs Proposal referenced in Resolution No. 2012-0023.  Approve the Tulare County Mental Health Services Act, Capital Facilities Project Proposal referenced in Resolution No. 2012-0023.  Authorize the Tulare County Director of Mental Health to sign the face sheet exhibits and submit the Mental Health Services Act, Capital Facilities Needs Proposal and Project Proposal to the State Department of Mental Health.

Information & Communications Technology

20.             Approve the request for technology enhancements and associated projected costs for the Tulare County Health & Human Services Agency, TulareWORKs Division.  Approve the software purchase of VMware to be purchased via a CMAS or WISCA contract upon the signing of the Advanced Planning Document (APD) with the State of California for the implementation of desktop virtualization for the TulareWORKS.  Approve the following capital assets to be purchased via CMAS, WISCA or other State approved pricing: High volume scanner, storage compliance hardware, storage compliance software, video content server, mobile video units, Dinuba microwave connectivity, The Processing Center microwave connectivity, Lindsay District Office microwave connectivity, Tulare District Office CWS microwave connectivity, Visalia District Office microwave connectivity, Business Intelligence software, and servers for desktop virtualization.  Approve the necessary budget adjustments.  (4/5ths vote required)

21.             Approve the acceptance of funds from the California Emergency Management Agency in the amount of $21,912. Approve the Capital Asset purchase of two (2) 30W UHF P25 Repeaters and ancillary equipment in the amount of $21,912.  Find that the equipment need not be purchased through competitive bidding pursuant to Tulare County Ordinance Code Section 1-03-1305, because the equipment requested is already covered by the contract pricing as listed by the California Multiple Awards Schedules (CMAS) agreement 3-09-70-2265E.  Approve the necessary budget adjustments.  (4/5ths vote required)

Library

22.             Proclaim April 3, 2012 as Adult Literacy Day in Tulare County.

Probation

23.             Approve a budget adjustment in the amount of $20,687 for the Standards and Training for Corrections Program for the period of July 1, 2011 through June 30, 2012.  (4/5ths vote required)

Resource Management Agency

24.             Approve Program Supplement No. N060 to Administering Agency-State Agreement with the State of California, Department of Transportation, for Federal-Aid Projects No. 06-5946 for the replacement of the Road 182 Deep Creek Bridge.

25.             Approve Program Supplement No. N061 to Administering Agency-State Agreement with the State of California, Department of Transportation, for Federal-Aid Projects No. 06-5946 for the replacement of the Road 56 Packwood Creek Bridge.

26.             Approve Program Supplement No. N062 to Administering Agency-State Agreement with the State of California, Department of Transportation, for Federal-Aid Projects No. 06-5946 for the replacement of the Road 148 Outside Creek Bridge.

27.             Approve and award the contract to the lowest responsive and responsible bidder, Consolidated Testing Laboratories, Inc., of Exeter, California, in the amount of $58,863, for the Water Well Abandonment Project within the Delft Colony Zone of Benefit.  Authorize the Chairman to sign the contract, subject to 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 Contractors License.  Allow funds for contingencies, in the amount of $102,500 to cover unexpected construction conditions and construction engineering.

28.             Approve the plans for construction of pedestrian improvements at the Golden Valley Elementary School in the Community of Orosi.  Authorize the Chairman to sign the plans.  Approve the advertisement of the Golden Valley Safe Routes to School Project.  Set the bid opening date for Wednesday, May 2, 2012 at 2:00 p.m.

29.             Approve Recognized Obligation Payment Schedule (ROPS) for submittal to the Tulare County Redevelopment Successor Agency Oversight Board.

Sheriff/Coroner

30.             Ratify and approve an amendment to Agreement No. 24026 with the California Emergency Management Agency to increase funding by $5,603 for the Tulare County Clandestine Laboratory Enforcement Unit, retroactive to July 1, 2010, through December 31, 2012.  Ratify the Chairman's signature on the amendment to Agreement No. 24026.  Find that the Board had authority to enter into the amendment to Agreement 24026 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)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

31.             Request from County Administrative Office to approve the Fiscal Year 2012/13 Capital Improvement Plan.  Approve the following position allocation changes within 030 Capital Projects:  Delete 1.0 Senior Capital Projects/Facilities Coordinator (PCN 8195) vacant; Reclass Capital Projects Specialist II (PCN 9244) to Capital Projects Coordinator I; and Add 2.0 Capital Projects Coordinator II positions.  Approve job classification and compensation for Capital Projects Coordinator I and II.  Approve the Fiscal Year 2012/13 Facilities Improvement Plan.  Approve the following position allocation changes within 067 Facilities:  Delete 1.0 Maintenance Supervisor (vacant PCN 8187);  Delete 3.0 Maintenance III (vacant PCN 9106, 9107,0227); Delete 1.0 Building System Technician (vacant PCN 8189); Add 1.0 Air Conditioning Mechanic; and Add 5.0 Maintenance Worker II.  Approve job classifications for 067 Facilities allocated positions: Maintenance Supervisor, Building Systems Technician, Maintenance Electrician, Air Conditioning Mechanic, Maintenance Worker I, II, III, Senior Maintenance Painter and Maintenance Painter.  Approve the necessary budget adjustments. (4/5th vote required)

32.             Request from the Resource Management Agency to approve sending a letter of support for Proposed Municipal Service Review and Sphere of Influence for City of Dinuba.

33.             Request from the Resource Management Agency to adopt the Resolution approving the expansion of the Sequoia Valley Enterprise Zone Boundaries.

(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

Request by AA, a minor, through his counsel, Joseph Durante, to file a late claim with the Board of Supervisors

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Alva Brady v. County of Tulare

Workers' Compensation Appeals Board No. ADJ075952

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Susanne Akers v. County of Tulare

Workers' Compensation Appeals Board Nos. ADJ631044 & ADJ334695

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Earp v. County of Tulare

United States District Court No. 1:11-cv-00196-LJD-MSJ

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Farshad A. Tafti v. County of Tulare, et al.

Tulare County Superior Court No. VCU227939

 

 

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Matheny Tract Committee v. County of Tulare, et al.

Tulare County Superior Court Case No. 11-243725

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 27

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 - 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 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

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 M

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 N

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 O

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  Property APNs: 302-080-065, 302-080-066 at the Northwest corner of Avenue 136 (Scranton) and Road 232 (Newcomb) Porterville CA

Agency Negotiator:  Jean M. Rousseau and Robert Newby

Negotiating Parties:  Pedula Farms

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM P

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

Next Item(s) Sitting as...

ITEM Q

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...