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 TERRA BELLA SEWER MAINTENANCE DISTRICT

 

June 5, 2012

 

10:00 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.                  Present Proclamation honoring the Riata Ranch Cowboy Girls as the U.S. Representative for the American Cowboy at Queen Elizabeth's Diamond Jubilee Pagent.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

10:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to consider the vacation of the roads and irrevocable offers of dedication within Tract No. 759-El Rio Estates, northeast of Visalia. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted State CEQA Guidelines Section 15061 (b)(3) and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Determine that the hereinbefore described roads and irrevocable offers of dedication are unnecessary for present or prospective public use and the vacation thereof is in the public interest. Approve the Resolution to vacate the aforementioned roads and irrevocable offers of dedication subject to the recording of cross-access easements for each parcel in the subdivision and reserving public utility easements for the public utility companies within the limits of the vacated road right of way. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor/Clerk-Recorder concurrent with the recording of the cross-access easements for each parcel in the subdivision.

5.                  Request from County Administrative Office/General Services/Property Management to authorize the Chairman to execute the Notice of Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (General Rule Exemption [14 Cal. Code Regs. Section 15061 (b)(3)] and Existing Facilities Exemption [14 Cal. Code Regs. Section15301]). Direct the Clerk of the Board to file the Notice of Exemption with the Tulare County Clerk-Recorder. Publicly consummate the purchase of real property at 900 W. Grand Avenue in Porterville. Approve the purchase of the subject property for a price of $550,000 and authorize the Chairman to sign the Real Estate Purchase and Sale Agreement similar in content to attached Exhibit A upon submission, subject to County Counsel approval as to form. Authorize the County Administrative Officer, or his designee, to execute all additional documents to consummate this purchase of real property. Approve the necessary budget adjustments. (4/5ths vote required). Direct the Auditor to draw two warrants in favor of Chicago Title Company in the amounts of $20,000 and $531,000 upon requests made by the County Administrative Officer, or his designee.

(Consent Calendar)

 

 

 

 

 

 

CONSENT CALENDAR (Number 6 through 51)

 

 

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

6.                  Approve an agreement with the California Department of Food and Agriculture in the amount of $17,775 for County Petroleum Product Compliance and Weighmaster Enforcement programs, effective July 1, 2012 through June 30, 2013.

7.                  Approve $6,890 for projects recommended by the Tulare County Fish and Game Commission Fiscal Year 2012/2013. Authorize the Agricultural Commissioner to approve disbursement of funds for these projects upon adoption of the Fish and Game Propagation Program (Fund 011) budget for Fiscal Year 2012/2013. Approve the Notice of Exemption pursuant to the California Environmental Quality Act and the State of California Environmental Quality Act Guidelines, and direct the Clerk of the Board to file the Notice of Exemption with the County Clerk.

Auditor/Controller

8.                  Rescind obsolete agreements that do not refer to the most recently approved master schedule of fees: City of Dinuba, Agreement No. 16793; City of Exeter, Agreement No. 16794; City of Farmersville, Agreement No. 16795; City of Lindsay, Agreement No. 16796; City of Porterville, Agreement No. 16797; City of Tulare, Agreement No. 16808; City of Visalia, Agreement No. 16798; City of Woodlake, Agreement No.17713; Goshen CSD, Agreement No. 21279; Alpine Village-Sequoia Crest, Agreement No. 16799; Lemon Cove Sanitary, Agreement No. 16800; Orosi PUD, Agreement No. 16801; Ponderosa CSD, Agreement No. 16802; Three Rivers CSD, Agreement No. 16804; Tulare County Water Works #1, Agreement No. 16810; Tulare Lake Drainage, Agreement No. 16807; Woodlake Fire, Agreement No. 16806; Alta Irrigation, Agreement No. 21641; Richgrove CSD, Agreement No. 22029; Terra Bella Sewer, Agreement No. 16803; and Woodville PUD, Agreement No. 17845. Approve agreements for collection of special assessments (direct charges) on the property tax roll with the following: City of Dinuba, City of Exeter, City of Farmersville, City of Lindsay, City of Porterville, City of Tulare, City of Visalia, City of Woodlake, Goshen Community Services District, Alpine Village-Sequoia Crest Community Services District, Lemon Cove Sanitary District, Orosi Public Utility District, Ponderosa Community Services District, Three Rivers Community Services District, Tulare County Water Works #1, Tulare Lake Drainage and Woodlake Fire District.

Board of Supervisors

9.                  Ratify the following Proclamations: Honoring Adam F. Denison for earning the Rank of Eagle Scout; Honoring Josiah Lippincott for earning the Rank of Eagle Scout; Honoring the Terra Bella Elementary School on its 100th Anniversary; in Honor of Dallas Taylor; Recognizing May 2012 as National Teen Pregnancy Prevention and Sexual Health Awareness Month; and Honoring the CVBI-SBDC as the 2012 Recipient of the California SBDC Excellence and Innovation Award.

10.             Reappoint Harvey Bailey to the Tulare County Pest Control District for a term ending April 23, 2016.

Child Support Services

11.             Approve an agreement with David Kilgore d.b.a. ACTION SERV to allow for electronic processing of service.

12.             Approve an agreement with the California Department of Child Support Services in the amount of $27,521 for the use of an extra help attorney, John Higgins, effective July 1, 2012 through June 30, 2013.

13.             Approve the Medi-Cal Data Privacy and Security agreement between the California Department of Child Support Services and Tulare County Department of Child Support Services for access to the Medi-Cal Eligibility Determination System or the Income Eligibility Verification System. Authorize the Director of the Tulare County Department of Child Support Services to sign the Medi-Cal Data Privacy and Security agreement.

County Administrative Office/Capital Projects/General Services/Property Management

14.             Approve a resolution of support for the Consolidated Irrigation District's efforts to secure funding for groundwater recharge and flood control basins.

15.             Approve sending a letter in support of AB 1623 (Yamada) which would extend the authority to collect fees to cover the costs associated with inspecting and testing weighing and measuring devices.

16.             Approve an amendment to Agreement No. 21234 with First 5 Tulare County for support services provided by the Auditor-Controller/Treasurer for the period of July 1, 2012 to June 3, 2013.

17.             Approve the bid documents for the Youth Facility Roofing Project. Authorize the advertisement of bids for the subject project. Set the bid opening for the project at 2:00 p.m. on Thursday, July 12, 2012.

18.             Approve July 10, 2012 at 9:30 a.m. as the date and time to receive public comment regarding the Board's intent to consummate the purchase of property near the northwest corner of Avenue 136 and Road 232 within and adjacent to the city limits of the City of Porterville. Instruct the County Administrative Officer, or his designee, to publish Notice of Intent to Purchase Property once a week for three consecutive weeks pursuant to Government Code Sections 25350 and 6063.

 

 

 

District Attorney

19.             Approve an amendment to Agreement No. 24022 with the California Emergency Management Agency to accept grant funding in the amount of $2,868 for the Vertical Prosecution Block Grant 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 is was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote required).

20.             Approve an agreement with the California Emergency Management Agency in the amount of $265,416 to provide continuing funding for the Victim/Witness Assistance Program for the period July 1, 2012 through June 30, 2013. Authorize the Chairman to sign two copies of the Grant Award Face Sheet and one copy of the Certification of Assurance of Compliance. Authorize the County Administrative Officer, or his designee, to sign said Certification of Assurance of Compliance.

21.             Accept grant funding from the State of California, Department of Justice, Office of the Attorney General, in the amount of $404,063 to combat mortgage and real estate fraud in Tulare County over a period of two years for Fiscal Years 2012/2013 and 2013/2014. Approve the Personnel Resolution amending the Fiscal Year 2012/2013 position allocations of the District Attorney's office to add one (1) DA Investigator (bilingual), one (1) Investigator Aide, and one (1) Legal Office Assistant. Approve the necessary budget adjustments. (4/5ths vote required).

Health & Human Services Agency

22.             Approve an amendment to Agreement No. 24416 with Tulare County Office of Education to receive immunizations or Public Health Services from Tulare County Health & Human Services Agency from July 1, 2012 through June 30, 2015.

23.             Approve an amendment to Agreement No. 24417 with Tulare City School District to receive immunizations or Public Health Services from Tulare County Health & Human Services Agency from July 1, 2012 through June 30, 2015.

24.             Approve an agreement with Gilbert B. Lam, D.D.S. in an amount not to exceed $180,000 to provide dental services for the Mental Health Services Branch, Alcohol and Other Drug Division, of the Tulare County Health & Human Services Agency.

25.             Approve an agreement with Pixley Union 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.

26.             Approve an agreement with Richgrove 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.

 

27.             Approve an agreement with Visalia Unified 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.

28.             Approve an agreement with Sundale 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.

29.             Approve an agreement with Traver Joint 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.

30.             Approve an agreement with Kings River 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.

31.             Approve an agreement with Monson-Sultana Joint 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.

32.             Approve an agreement with Burton Elementary 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, 2012 through June 30, 2015.

33.             Approve an agreement with Pleasant View 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.

34.             Approve an agreement with Woodlake Family Resource 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, commencing July 1, 2012 through June 30, 2015.

35.             Approve an agreement with Sunnyside 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.

Human Resources & Devevelopment

36.             Approve a Memorandum of Understanding between the County of Tulare and the Tulare Professional Firefighters Association.

37.             Approve an amendment to Agreement No. 24259 amending and reinstating the Joint Powers Agreement creating the San Joaquin Valley Insurance Authority.

Information Communications Technology

38.             Approve an amendment to Agreement No. 14242 with CGI Technologies and Solutions Inc. to extend the term of the agreement to December 31, 2012 for ongoing maintenance of the AFIN software and the next phase of the upgrade from Advantage Financial 3.6.1 to 3.8.0.2.

Probation

39.             Approve an amendment to Agreement No. 21659 with the City of Visalia to provide the services of a Probation Officer for the continued operation of the Delinquency Prevention Program (also known as Non-Custody Intake Program), effective July 1, 2012 through June 30, 2013.

Resource Management Agency

40.             Approve an agreement with the State of California, acting by and through the Department of Transportation, for the exchange of Federal Transportation project funds amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year 2011/2012. Accept the $100,000 from the State as matching funds.

41.             Award a construction contract to the lowest responsive, responsible bidder, Dawson-Mauldin Construction, Inc. of Selma, California in the amount of $276,531 for the Golden Valley Elementary School Sidewalk Improvements. 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 for contingency in the amount of $27,653 (10%) to cover unexpected construction conditions.

42.             Approve an amendment to Agreement No. 24367 with MV Transportation, Inc. to extend the term of the agreement to June 30, 2015 in the amount of $5,162,500 to provide transit management and operations of Tulare County Area Transit. Allow funds for a contingency in the amount of $516,250 (10%) to cover the cost of unexpected increase to transit service.

43.             Approve the Measure R Program Supplement to the Cooperative Agreement with the Tulare County Transportation Authority in the amount of $17,000 to purchase and install Driver Speed Feedback Signs on State Route 201 at the Kings River Elementary School Zone and on Main Street in the community of Pixley. Authorize the Chairman to sign the Program Supplement, subject to review and approval as to form by County Counsel.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

44.             Rescind Agreement No. TBS-9, effective June 30, 2012. Approve an agreement between the County of Tulare and the Terra Bella Sewer Maintenance District for applying special assessments to the property tax roll, effective July 1, 2012.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

45.             Approve the capital asset and sole-source purchase of a new Cloud Cap Technology Tase 400 Stabilized Camera Gimbal System for the County aircraft in an amount not to exceed $173,000. Authorize the Purchasing Agent to waive the formal bidding process and make the sole-source purchase. Authorize the Sheriff, or his designee, to provide testimonial or opinion regarding the Camera Gimbal System. Approve the necessary budget adjustments. (4/5ths vote required).

46.             Approve the capital asset and sole-source purchase of a Lenco Armored Rescue Vehicle in an amount not to exceed $380,000. Authorize the Purchasing Agent to waive the formal bidding process and make the sole-source purchase. Authorize the Sheriff, or his designee, to sign Quotation 8347B. Approve the necessary budget adjustments. (4/5ths vote required).

47.             Approve an amendment to Agreement No. 25307 with the United States Forest Service for patrol services and for operations to suppress manufacturing and trafficking of controlled substances on or affecting National Forest Service land, retroactive to October 1, 2011. Find that the Board had authority to enter into the agreement as of October 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

48.             Approve an agreement with the United States Department of Justice, Drug Enforcement Administration, Organized Crime Drug Enforcement Task Force, for investigation services for the period of June 15, 2012 through September 30, 2012.

49.             Approve an agreement with United States Department of Justice, Drug Enforcement Administration (DEA), in the amount of $220,000 for the eradication of illicit marijuana, retroactive to January 1, 2012 and extending through December 31, 2012. 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.

50.             Approve a Side Letter to the Memorandum of Understanding with Superior Court of California, County of Tulare, for court security services provided to the Dinuba Court, retroactive to July 1, 2011 and extending through June 30, 2013. Find that the Board had the authority to enter into the proposed Side Letter to the Memorandum of Understanding as of July 1, 2011, and that it was in the County's best interest to enter into the Side Letter to the Memorandum of Understanding on that date.

Workforce Investment Board

51.             Approve a subgrant agreement with the State of California Employment Development Department (EDD) in the amount of $2,434,919 for Workforce Investment Act Youth programs, retroactive to April 1, 2012 through June 30, 2014. Find that the Board had authority to enter into the proposed agreement as of April 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

52.             Request from Information & Communications Technology to approve the County of Tulare Social Media Policies, subject to meet and confer.

53.             Request from Information & Communications Technology to accept the new County of Tulare Website. Approve a deadline of December 31, 2012 for all County Departments to transfer their web content from Civica to Mura.

(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: Margarita Gallegos vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ1334773

Next Item(s) Sitting as...

ITEM B

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 C

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 D

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 E

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 F

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 G

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 H

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 I

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 J

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

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