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


May 22, 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 the Lindsay High School Boys Soccer Team for winning the Division IV Valley Championships.

2.                  Present Proclamation recognizing the Family Health Care Network for their efforts in building the new Woodlake Health Center.

3.                  Proclamation declaring May 19-25, 2012 as National Safe Boating Week in Tulare County.

4.                  Public Comments.

5.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from the County Administrative Office to approve Resolution of Application for the Alpaugh Community Services District. Direct staff to secure funding for the LAFCO application. Dissolve the Tulare Water Works District #1 upon voter approval of the new Alpaugh Community Services District.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 38)

 

 

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

7.                  Ratify Proclamation recognizing the Peace Officers Memorial in Tulare County.

8.                  Appoint Diane Lincicum to the Community Health Center Board for a term ending April 18, 2014.

County Administrative Office/General Services

9.                  Approve the Real Property Purchase Contract with Foster and Mary Taft for the purchase of a Temporary Construction Easement for the County's Mountain Road 319 Bridge Replacement Project over the South Fork of the Kaweah River in the amount of $500. Direct the Auditor-Controller to draw a warrant in the amount of $500 in favor of Foster and Mary Taft.

10.             Terminate Service Contract No. SC-087-1208700060 with FleetMatics USA, Inc. Authorize FleetMatics USA, Inc. to be the primary provider of Global Positioning System (GPS) database services. Approve an agreement with FleetMatics USA, Inc. in the amount of $70,000 for GPS services, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into an agreement with FleetMatics USA, Inc. as of July 1, 2011, 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)

Fire Department

11.             Accept grant funding from the Federal Emergency Management Agency in the amount of $878,688 for Assistance to Firefighters, retroactive to February 3, 2012. Find that the Board had the authority to accept the grant as of February 3, 2012, and that it was in the County's best interest to accept the grant at that time. Approve the necessary budget adjustments. (4/5ths vote required)

Health & Human Services Agency

12.             Authorize the Tulare County Director of Mental Health to accept the State Department of Mental Health Tulare County Fiscal Year 2011/2012 remaining Mental Health Services Act allocation in the amount of $5,949,450 per Assembly Bill 100. Approve the necessary budget adjustments. (4/5ths vote required)

13.             Authorize Tulare County Health & Human Services Agency to apply for $24,034 in California Department of Resources Recycling and Recovery (CalRecycle) Local Enforcement Agency Enforcement Agency Assistance 23 funds to support solid waste facilities permit and inspection programs. Approve the signature of the Chairman of the Board on the Grant Application Certification.

14.             Waive the second reading and adopt an Ordinance amending sections 1-15-1000 through 1-15-1040 of Chapter 15 of Part 1 of the Tulare County Ordinance Code pertaining to Civil Defense & Disaster. Direct the Clerk to publish a summary of the Ordinance and post a full copy of the Ordinance after adoption as required by law.

15.             Approve an amendment to Agreement No. 24999 with Aspiranet in the amount of $215,680 for the delivery of Transitional Housing Program Plus services, retroactive to January 1, 2012 through June 30, 2012. Find that the Board had authority to enter into the proposed Amendment as of January 1, 2012, and that it was in the best interest of the County to enter into the amendment on that date. Approve the necessary budget adjustments. (4/5ths vote required)

16.             Approve an amendment to Agreement No. 25060 with the California Department of Public Health, Office of AIDS for the Housing Opportunities for Persons with AIDS (HOPWA) Program, retroactive to July 1, 2011 through June 30, 2013. Find that the Board had authority to enter into the proposed amendment as of July 1, 2011, and that it was in the County's best interest to enter into the amendment on that date.

17.             Approve an amendment to Agreement No. 25124 with Goodfellow Occupational Therapy for the purpose of providing occupational and/or physical therapy services in an amount not to exceed $130,000 commencing July 1, 2012 through June 30, 2013.

18.             Approve an agreement with the California Department of Public Health, Childhood Lead Poisoning Prevention Branch (CLPPB) in the amount of $794,704, to provide services for children at-risk or poisoned by lead exposure, as well as education to the communities, families, and health care providers, retroactive to July 1, 2011 through June 30, 2014. 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 an agreement with Tulare County Office of Education for the provision of mental health services to Tulare County children and adolescents from May 22, 2012 through June 30, 2013.

20.             Approve an agreement with Tulare City School District for Tulare County Health & Human Services Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district commencing July 1, 2011 through June 30, 2015.

21.             Approve an agreement with Strathmore Union Elementary School District 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 commencing July 1, 2012 through June 30, 2015.

22.             Approve an agreement with the College of the Sequoias 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 commencing July 1, 2011 through June 30, 2015.

Probation

23.             Authorize the submission of an application for continued grant funding, available through the Juvenile Accountability Block Grants (JABG) Program and administered by the Corrections Standards Authority (CSA), in the amount of $34,563, with a $3,840 match, for the period of July 1, 2012 through June 30, 2013. Agree to provide all matching funds required for said project, and abide by the statutes and regulations governing the JABG Program, as well as the terms and conditions of the Grant Agreement as set forth by the CSA. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Resource Management Agency

24.             Set a Public Hearing for July 10, 2012 at 9:30 a.m. for consideration of sewer and water user fee adjustments for specified County Service Area Zones of Benefit (El Rancho, Delft Colony, Tonyville, Tooleville, Traver, Yettem and Wells Tract sewer systems and Wells Tract water distribution system). Approve the Notice of Public Hearing to be published and mailed to affected residents.

25.             Approve changes to the Seville Water Budget for Fiscal Year 2011/2012. Authorize the Tulare County Auditor to make the necessary budget adjustments. Authorize a loan from the Zone of Benefit Revolving Loan Fund to cover the shortfall between the revenues and expenses for the 2011/2012 Fiscal Year. (4/5ths vote required)

26.             Approve the Plans, Special Provisions, Proposal, and Contract for construction of the Ivanhoe Public Utility District Domestic Water Well No. 8 and Appurtenances. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the Advertisement for Bids for construction of Ivanhoe Public Utility District Domestic Water Well No. 8 and Appurtenances. Set the Bid Opening date and time for June 27, 2012 at 2:00 p.m. in Conference Room A of the County Administration Building, 2800 West Burrel Avenue, Visalia, California, 93291.

 

27.             Declare their intent to vacate the alley within Block 43 of the Town of Pixley. Set the Public Hearing for June 19, 2012 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned alley. Direct the Resource Management Agency to publish and post the Notice of Public Hearing in accordance with the Streets and Highways Code.

28.             Certify that the Final Environmental Impact Report for the Avenue 280 Widening Project complies with the California Environmental Quality Act and the Guidelines for the Implementation of the California Environmental Quality Act. Approve the resolution including, in part, the following: Describing the Project in the Final Environmental Impact Report; Finding that significant impacts could result from the Project, but are mitigated to a level that is less than significant by Project features or deliberate mitigation measures; Finding that the Project will result in impacts related to aesthetics, noise and land use which are significant and unavoidable; Adopting the Statement of Overriding Considerations that economic and other considerations require approval of the Project despite these significant and unavoidable impacts; and Approving and adopting the Mitigation Monitoring Program. Authorize the Chairman to sign the Notice of Determination. Direct the Clerk of the Board to return the signed Notice of Determination to the Resource Management Agency for filing with the County Clerk.

29.             Adopt the Revision of Mileage of Maintained County Roads identifying that Tulare County Maintained Mileage is 3,040.60 miles as of December 31, 2011. Direct the Clerk of the Board of Supervisors to return to the Resource Management Agency a Certified Copy of the Resolution to be filed with Caltrans.

30.             Approve an agreement with the Southern California Edison Company (SCE) for extension of Electric Distribution Line at Cartmill Avenue and Hillman Street.

31.             Approve an Escrow Agreement for Security Deposits in Lieu of Retention with Dawson-Mauldin Construction, Inc. and the Bank of Sacramento for the Avenue 416 at Road 80 Intersection Improvements Project.

32.             Approve an amendment to Agreement No. 21757 with Omni-Means, Ltd. to extend the term of the agreement to September 30, 2012 and to increase the contract amount by $6,000 for preliminary engineering and environmental services for the Avenue 280 Road Widening Project, retroactive to December 31, 2011 through September 30, 2012. Find that the Board had authority to enter into the proposed agreement as of December 31, 2011, and that it was in the County's best interest to enter into the agreement on that date.

Sheriff/Coroner

33.             Approve an amendment to Agreement No. 24453 with the Exeter Police Department, an amendment to Agreement No. 24255 with the Farmersville Police Department and an amendment to Agreement No. 24426 with the Lindsay Police Department for the Tulare County Interagency Narcotics Enforcement Team, retroactive to July 1, 2011 through June 30, 2013. Find that the Board had the authority to enter into the proposed agreements as of July 1, 2011, and that it was in the County's best interests to enter into the agreements on that date. Approve the necessary budget adjustments. (4/5ths vote required)

34.             Approve a Personnel Resolution to increase the position allocation of the Sheriff's Department by one (1) Correctional Lieutenant.

35.             Approve the Capital Asset purchase of a Handicap Accessible Transport Van in an amount not to exceed $70,500. Authorize the Purchasing Agent to waive the formal bidding process and make the sole-source purchase. Approve the necessary budget adjustments. (4/5ths vote required)

36.             Approve a Capital Asset purchase of a Laser Engraver not to exceed $20,000. Authorize the necessary budget adjustments. (4/5ths vote required)

37.             Approve a Capital Asset purchase of a Computer Voice Stress Analyzer not to exceed $8,935. Authorize the necessary budget adjustments. (4/5ths vote required)

Workforce Investment Board

38.             Reappoint the list below to the Workforce Investment Board of Tulare County for terms ending May 31, 2014:

Name

Membership Category

Carolyn Kehrli

Education

George Maness

Veterans

Gil Aguilar

Business

Jason Britt

Public Sector

Joe Hallmeyer

Business

Kevin Cole

Labor

Teri Dobson

Public Sector

Tim Chaney

Labor

Robert Alcazar

Migrant & Seasonal Farm Worker

William DeLain

Business

 

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

39.             Request from Information & Communications Technology to approve an agreement with CVIN, LLC to install and provision wireless links for the period of June 1, 2012 through May 31, 2013 at no cost.

(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: Michael Gingles vs. County of Tulare

Workers' Compensation Claim Number 124-103256

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Guillermo Quirarte vs. County of Tulare

Tulare County Superior Court No. 11-244069

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

Threats of litigation made outside of a public meeting over a dispute regarding nuisance and zoning policies

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: 3

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 - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 9

Next Item(s) Sitting as...

ITEM I

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 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 LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 25

Next Item(s) Sitting as...

ITEM L

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 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...