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

 

June 19, 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.                  Presentation on the Alliance Program with Office Depot and other government entities.

2.                  Presentation regarding the 2012 Slick Rock.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from the Resource Management Agency to consider the vacation of the alley within Block 43 of the Town of Pixley. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted Tulare County CEQA Guidelines Section 15061 (b)(3), Abandonments of existing street, alley and utility easements on which no road improvements exist, and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk and Office of Planning and Research. Determine that the hereinbefore described alley is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate the aforementioned alley to wit: the east-west alley in Block 43 of the Town of Pixley per the subdivision map recorded May 9, 1888 in Book 3 of Maps at Page 46 in the Office of the Recorder of the County of Tulare. 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.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 46)

 

 

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 amendment to Agreement No. 24865 with Taylor Brothers, Inc., doing business as RESCOM, to extend the term of the agreement to June 30, 2013, and to increase the hourly rate from $395 to $485 per hour for providing Glassy-winged Sharpshooter pest control services.

7.                  Approve a Memorandum of Understanding with the California Agricultural Commissioners and Sealers Association in the amount of $70,818 for the period of July 1, 2012 to June 30, 2013 and in the amount of $47,212 for the period of July 1, 2013 to June 30, 2014 to provide funding to input pesticide use report data and associated public outreach.

Auditor-Controller/Treasurer-Tax Collector

8.                  Approve an agreement with The Data Center, LLC for the printing and mailing of tax bills and notices.

 

Board of Supervisors

9.                  Reappoint David Harrald to the Measure R Citizen's Oversight Committee for a term ending June 30, 2014.

County Counsel

10.             Approve the 2012-2014 Joint Powers Agreement for legal services between County Counsel, Tulare County Office of Education, College of Sequoias and Tulare County School Districts in the amount of $639,398 for 2012/2013 school year and $639,398 plus a potential increase for the 2013/2014 school year.

County Administrative Office/General Services

11.             Ratify actions taken by the County Administrative Officer during the month of May 2012 regarding Good Works Agreements.

12.             Approve an agreement with Peninsula Messenger Service for courier services to all County departments with a term ending June 30, 2017.

13.             Approve sending a letter in opposition, to the Senate, of Assembly Bill 2312 (Ammiano) which would amend certain sections of the Health and Safety Code and Revenue and Taxation Code relating to controlled substances, specifically marijuana.

District Attorney

14.             Approve the Personnel Resolution deleting one (1) Welfare Fraud Investigator and adding two (2) Investigator Aides in an effort to improve organizational structure and operational efficiency.

Health & Human Services Agency

15.             Reappoint the following individuals to the Tulare County Child Care Development and Planning Council in the noted categories for two-year terms ending June 30, 2014: Karen Ball/Public Agency; Karen Hansen/Public Agency; Sherri Glenn/Community; Mary Thomas/Community; Rosemary Caso/Discretionary; Kristina Delgadillo/Provider. Appoint Stephanie Rodriguez/Public Agency to the Tulare County Child Care Development and Planning Council for a two-year term ending June 30, 2014. Direct the Clerk to the Board to recruit for the vacancies per the provisions of the Maddy Act.

16.             Approve an amendment to Agreement No. 23831 with the State of California, Department of Water Resources to extend the term of the agreement to develop and implement a project for the management of historical and future groundwater data, retroactive to May 15, 2012 through September 30, 2012. Find that the Board had authority to approve the proposed extension as of May 15, 2012, and that it was in the County's best interest to approve the agreement on that date.

17.             Approve an amendment to Agreement No. 25106 with Family Services of Tulare County, Inc. in an amount not to exceed $134,308 to provide an intensive supervised visitation program for foster children in Tulare County, commencing July 1, 2012 through June 30, 2013.

18.             Approve an amendment to Agreement No. 25017 with Tulare County Office of Education to extend the term through June 30, 2013, and increase the maximum amount to $450,000 for behavioral services.

19.             Approve an amendment to Agreement No. 25021 with Arieh R. Whishenhunt, M.D. in an amount not to exceed $310,000 for the provision of psychiatric services for the period of July 1, 2012 through June 30, 2013.

20.             Approve an amendment to Agreement No. 25039 with Tulare County Superintendent of Schools to extend to June 30, 2013 in an amount not to exceed $402,461 for the administration of the More Opportunities for Viable Employment (MOVE) Program.

21.             Approve an amendment to Agreement No. 25147 with JDT Consultants, Inc. in an amount not to exceed $470,000 to provide therapeutic behavioral services from July 1, 2012 through June 30, 2013.

22.             Approve an amendment to Agreement No. 25323 with Unilab Corporation d.b.a. Quest Diagnostics in an amount not to exceed $500,000 for the provision of clinical laboratory services from July 1, 2012 through June 30, 2014.

23.             Approve an agreement with Woodlake 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.

24.             Approve an agreement with the California Department of Education in the amount of $6,000 for the Summer Food Service Program, retroactive to June 15, 2012 through September 14, 2012.

25.             Approve the agreement with the California Department of Mental Health for providing State Hospital Bed Purchase and Usage, estimated to be $559,537 for Fiscal Year 2011/2012, 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.

26.             Approve an agreement with Golden State Rehabilitation Centers, Inc. d.b.a. Sylmar Health and Rehabilitation Center in an amount not to exceed $1,300,000 from July 1, 2012 through June 30, 2013 to provide stabilization and long-term maintenance for mentally disabled clients.

27.             Approve an agreement with Aurora Vista Del Mar Hospital in an amount not to exceed $400,000 to provide short term, inpatient psychiatric services from July 1, 2012 through June 30, 2013.

Information & Communications Technology

28.             Approve the annual renewal of license and maintenance with Service-now.com in the amount of $463,500 to provide use licenses and maintenance support of Service-now.com for the period of July 11, 2012 through July 10, 2015.

29.             Approve the annual renewal of license and maintenance with CompuCom in an amount not to exceed $494,392 to provide use licenses and maintenance support for Novell GroupWise Email and Novell Operating System (OS) for the period of July 1, 2012 through June 30, 2013.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

In-Home Supportive Services Public Authority

30.             Approve the Side Letter Agreement extension between the IHSS Public Authority and the California United Homecare Workers Union to extend the Memorandum of Understanding through June 30, 2013.

ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Resource Management Agency

31.             FOR INFORMATION ONLY: Bid Opening results for Avenue 416 Kings River Bridge Replacement Project.

Contractor

Amount

Emmett's Excavation, Inc.

$ 15,124,579.58

Viking Construction Company, Inc.

$ 15,147,207.00

MCM Construction, Inc.

$ 18,310,847.00

 

 

Engineer's Estimate

$ 15,779,170.35

 

32.             Approve an amendment to Agreement No. 25074 with Orange Belt Stages to extend the term through June 30, 2013 to provide public transit services on its common carrier service in Tulare County, subject to review and approval as to form by County Counsel.

33.             Approve an amendment to Agreement No. 24455 with Cornerstone Structural Engineering Group, Inc. to add engineering support services during construction and amending the total not-to-exceed fee for this agreement from $195,002 to $235,094, retroactive to March 2, 2012 through December 31, 2013, 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 March 2, 2012, and that it was in the County's best interest to enter into the agreement on that date.

34.             Approve the Measure R Program Supplement to Cooperative Agreement for the Traffic Signal at Avenue 295 and Road 156 project in the amount of $16,000.

35.             Approve the Measure R Program Supplement to Cooperative Agreement for the Traffic Signal at Avenue 148 and Road 256 project in the amount of $23,000.

36.             Approve the Measure R Program Supplement to Cooperative Agreement for the Traffic Signal at Avenue 296 and Road 156 project in the amount of $40,000.

37.             Approve the Streambed Alteration Agreement with the California Department of Fish and Game for the Road 88 Deer Creek Culvert Project.

38.             Approve an agreement with The Gas Company in the amount of $5,260.80 to relocate a gas meter for the Avenue 416 Kings River Bridge Replacement project.

39.             Approve an agreement with the Lindsay-Strathmore Irrigation District and Strathmore Public Utility District for the transfer and conveyance of water, subject to review and approval as to form by County Counsel. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

40.             Approve an agreement with Pacific Gas and Electric Company (PG&E) to perform tariff schedule related work for street lighting for the Road 80 Widening Project.

41.             Approve Distribution and Service Extension Agreement Declarations with Pacific Gas and Electric Company (PG&E). Approve an agreement with Pacific Gas and Electric Company (PG&E) to perform tariff schedule related work to install traffic controller service point and/or circuit at Avenue 400 for the Road 80 Widening Project. Approve an agreement with Pacific Gas and Electric Company (PG&E) to perform tariff schedule related work to relocate traffic controller services to new locations for the Road 80 Widening Project.

42.             Approve the transfer of ownership of Surface Mining Permit and Reclamation Plan (PMR 02-001) from William Reid to Frazier Valley D.G., LLC, relinquishing William Reid from any further responsibility originating from said permit, including Conditions of Approval and approved Financial Assurances.

43.             Authorize the submittal of a Financial Assistance Application for a financing agreement from the State Water Resources Control Board Clean Water State Revolving Fund and/or Small Community Wastewater Grant application for $453,000 to finance planning activities of a future wastewater project to serve the community of Plainview. Agree that, if the application for funding is approved, the County has and will comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received and will use the funds for eligible activities in the manner presented in the application as approved by the State Water Resources Control Board. Authorize the Chairman of the Board, or his designee, to negotiate and execute in the name of the County of Tulare, the application, the financial assistance agreement, any amendments or change orders thereto, and all other documents required by State Water Resources Control Board for participation in the Clean Water State Revolving Fund Program, subject to County Counsel review and approval. Authorize and direct the Resource Management Agency Assistant Director of Public Works to certify financing agreement disbursements on behalf of the County of Tulare, and other required reporting forms.

44.             Authorize the submittal of a Financial Assistance Application for a financing agreement from the State Water Resources Control Board Clean Water State Revolving Fund and/or Small Community Wastewater Grant application for $223,621 to finance planning activities for a future wastewater project to serve the community of Matheny Tract. Agree that, if the application for funding is approved, the County will comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received and will use the funds for eligible activities in the manner presented in the application as approved by the State Water Resources Control Board. Authorize the Chairman of the Board to execute in the name of the County of Tulare, the application, the Agreement, any amendments thereto, and all other documents required by State Water Resources Control Board for participation in the Clean Water State Revolving Fund Program, subject to County Counsel review and approval. Authorize and direct the Resource Management Agency Assistant Director of Public Works to sign Funds Requests and other required reporting forms.

Sheriff/Coroner

45.             Approve an amendment to Agreement No. 24622 with Alternative Services, Inc. in the amount of $201,000 to provide alcohol and drug counseling services for the Residential Substance Abuse Treatment Program from July 1, 2012 through June 30, 2013.

46.             Approve a Personnel Resolution to add one (1) Inmate Program Specialist as a result of AB 109 ("2011 Realignment").

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

47.             Approve the Treasurer-Tax Collector's Statement of Investment Policy for Fiscal Year 2012/2013, pursuant to Government Code Section 53646. Approve the renewal of authority to the Tulare County Treasurer/Tax Collector to invest and reinvest the funds of Tulare County and funds of other depositors in the County Treasury, pursuant to Government Code Section 27000.1.

48.             Presentation given by Resource Management Agency regarding an overview of Tulare County's Economic Development Office and related Work Programs for Fiscal Year 2012-2013. Approve the Business Opportunities Work Program; the Tourism Work Program; and the Film Commission Work Program.

(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

Claim alleges minor claimant attempted suicide at Turning Point

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Susanne Akers vs. County of Tulare Workers' Compensation

Appeals Board Numbers ADJ631044 & ADJ334695

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. Mario Baltazar, et al. (Injunction against Medical Marijuana Ordinance)

Tulare County Superior Court Case Number 247325

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: 25

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: 3

 

 

 

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 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...