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


August 14, 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.                  Present a Proclamation honoring Pena's Disposal Service as the 2012 recipient of the California Resource Recovery Association "Outstanding Construction & Demolition Debris Diversion" Award.

2.                  Presentation given by Kent Duysen of Sierra Forrest Products in regards to the Timber Harvest Plan Reform Package described in Governor Brown's May Revise. Approve sending a letter of support of the Timber Harvest Plan Reform Package.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request form the Auditor-Controller to approve the rate of taxation of the State and County for Fiscal Year 2012/2013 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assessed valuation, Article XIII California. Approve the tax rates be levied and direct they be collected upon each $100 valuation of the taxable property of the Unitary and operating Non-Unitary property of the County of Tulare, State of California, as computed pursuant to the provision of law, Revenue and Taxation Code Section 100. Approve the tax rates be levied and direct they be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount to pay the principle and interest on the bonds and for special purpose of said school districts, Revenue and Taxation Code Section 93. Approve the Special District Tax Rates be levied and direct they be collected upon each $100 valuation of taxable property of the various districts included on the schedule of Special Districts, Revenue and Taxation Code Section 93. Approve and accept the Statement of the Valuation of the Property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector, Government Code 25254(a).

(Consent Calendar)

CONSENT CALENDAR (Number 6 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

6.                  Introduce and waive the first reading of an Ordinance amending Sections 8000, 8010, 8020, 8030 and 8090 of Article 8 of Chapter 5, Part 6 of the Tulare County Ordinance Code pertaining to the theft of nuts. Direct the Clerk to publish and post a summary of the Ordinance before the second reading as required by law.

Board of Supervisors

7.                  Ratify the following Proclamations: Honoring Jorge Castillo, Gilbert Hogan, Victor Vasquez, Jr., Victor Vasquez, Sr., and Robert Vasquez for their heroic efforts in saving the life of Alice Falk; and Designating the 4th Saturday of every July as the National Day of the Cowboy and Cowgirl in Tulare County.

 

8.                  Approve sending a letter of support to the Consolidated Irrigation District for its efforts to request State and Federal funding to increase water supplies in Fresno County, Kings County and throughout the Central Valley by increasing the District's ability to store and manage flood and other water. Authorize Chairman Allen Ishida to sign on behalf of the Board of Supervisors.

County Administrative Office/Capital Projects

9.                  Ratify actions taken by the County Administrative Officer during the month of July 2012 regarding Good Works Funding Agreements.

10.             Approve an Indemnification Agreement with Local Agency Formation Commission for the application to form the Alpaugh Community Services District.

11.             Find all seven bids non-responsive for the Youth Facility Roofing Project at 11150 Avenue 368. Reject all bids and rebid at a date undetermined.

Health & Human Services Agency

12.             Approve an agreement with Terra Bella 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, retroactive to July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

13.             Approve an agreement with Alta Vista Elementary School District for Tulare 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, retroactive to July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

14.             Approve an agreement with Earlimart 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, retroactive to July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

15.             Approve an agreement with Valley Life Charter School 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, retroactive to October 1, 2011 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of October 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

16.             Adopt the Subvention Certificate of Compliance and the Medi-Cal Certificate of Compliance for the California Department of Veterans Affairs County Subvention Program for Fiscal Year 2012/2013.

17.             Approve an agreement with Ralph Agnello, Attorney at Law, to provide hearing officer services for Certification and Riese Hearings in an amount not to exceed $120,000, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

18.             Approve an agreement with David E. Kilgore, M.D. for the provisions of psychiatric services in an amount not to exceed $216,000, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

19.             Approve an amendment to Agreement No. 25103 with Turning Point of Central California, Inc. for the provision of children's mental health services, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to enter into the proposed amendment as of July 1, 2012, and that it was in the County's best interest to enter into the amendment on that date.

20.             Approve an agreement with Kirby Lester LLC for the purchase of two Kirby Lester KL20n Automated Tablet/Capsule Counting Machines in an amount not to exceed $18,650.

21.             Approve the spending plan recommendations from the Children's Services Network for the Promoting Safe and Stable Families Program funding for Fiscal Year 2012/2013. The total amount of funding is $550,000.

22.             Approve an agreement with Cutler-Orosi Joint Unified School District for the delivery of Time-Limited Family Reunification Services to at-risk families in an amount not to exceed $110,000, retroactive to August 1, 2012 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of August 1, 2012 and that it was in the County's best interest to enter into the agreement on that date.

23.             Approve an amendment to Agreement No. 17621 to upgrade the current Mental Health software system, Netsmart Technologies CMHC/MIS software product, to Netsmart Technologies Avatar software product, not to exceed $665,000, from September 1, 2012 through December 31, 2017. Approve an addendum to Agreement No. 17621 with the Netsmart Technologies, Inc. Plexus SSAE16-certified hosting environment, not to exceed $485,000, from September 1, 2012 through December 31, 2017. Approve the agreement of the Netsmart Technologies, Inc., InfoScriber software, not to exceed $50,000, from September 1, 2012 through December 31, 2017.

Information & Communications Technology

24.             Approve the Capital Asset purchase of two 30W UHF P25 Repeaters and Ancillary Equipment for Emergency Medical Services communications on Case Mountain in the amount of $21,912. Approve the necessary budget adjustments. (4/5ths vote required).

 

 

 

Probation

25.             Ratify and approve an agreement with the California Department of Corrections and Rehabilitation to establish an information sharing agreement, retroactive to August 1, 2012 through the duration of Post Release Community Supervision releases from State institutions. Ratify the Chief Probation Officer's signature on the agreement on behalf of the County of Tulare. Find that the Board had authority to enter into the proposed agreement as of August 1, 2012, and that it was in the County's best interest to enter into the agreement as of that date.

26.             Approve the Capital Asset purchase of a van for Probation Department's Juvenile Work Program in the amount of $27,261.

Resource Management Agency

27.             Rescind Resolution No.2012-0565. Find that the bid submitted by Emmett's Excavation, Inc. of Clovis, California to be non-responsive. Approve and award the contract to the lowest responsive and responsible bidder, Viking Construction Company, Inc. of Rancho Cordova, California, in the amount of $15,147,207 for construction of the Avenue 416 Replacement Bridge over the Kings River Project. 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 Contractors License. Allow funds for contingencies in the amount of $1,514,721(10%) to cover unexpected construction conditions.

28.             Approve the revised Plans, Special Provisions, Proposal, and Contract for construction of Ivanhoe Public Utility District Domestic Water Well No. 8 and Appurtenances. Authorize the Chairman of the Board of Supervisors to sign the revised Plans. Approve the Re-Advertisement for Bids for construction of Ivanhoe Public Utility District Domestic Water Well No. 8 and Appurtenances. Set the new Bid Opening date and time for September 5, 2012 at 2:00 p.m. in Conference Room A/B of the County Administration Building, 2800 West Burrel Avenue, Visalia, California, 93291.

29.             Accept the work for construction of Road 80 Widening Project Phase 1A from Avenue 328 to the St. Johns River Bridge as complete by A. Teichert & Son, Inc., dba Teichert Construction of Fresno, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

30.             Waive the second reading and adopt the Ordinance adding Chapter 27 to Part IV; adding Subsection (m) to Section 1-21-1000 (Issuance of Citations: Resource Management Agency) of Chapter 21 of Part I; and amending Section 1-23-1020(c)(1) (Administrative Enforcement Authority) of Part I, Chapter 23 of the Ordinance Code of Tulare County, Pertaining to Storm Water Quality and Regulation. Determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Class 8 Section 15308, pertaining to actions by regulatory agencies for protection of the environment, and if the Ordinance is adopted, direct the Environmental Assessment Officer to sign and file a Notice of Exemption with the Tulare County Clerk. Direct the Clerk of the Board to publish a summary of the Ordinance and post a full copy of the Ordinance after adoption as required by law.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

31.             Request from the County Administrative Office to approve compensation changes for the Local Agency Formation Commission Executive Officer to $88,000 annually. Approve the Personnel Resolution to change one Part-Time Regional Planner to Full Time.

32.             Request from the Resource Management Agency to receive an updated and amended report regarding the protest letters received protesting the user fee increase proposed for the El Rancho Sewer, Tonyville Sewer, Tooleville Sewer, Yettem Sewer, Wells Tract Sewer and Wells Tract Water zones of benefit in County Service Areas 1 and 2. Rescind Resolution No. 2012-0603 adopted on July 24, 2012. Acknowledge that a written protest against the proposed user fee increase was received from a majority of the owners/tenants of the properties affected by the proposed user fee increase in the El Rancho Sewer, Tonyville Sewer, Tooleville Sewer, Wells Tract Sewer and Wells Tract Water zones of benefit. Approve the user fees identified in Exhibit A with no change in the user fees that were adopted on July 12, 2011 as Resolution No. 2011-0490 for Tooleville Sewer, Wells Tract Sewer and Wells Tract Water zones of benefit effective August 1, 2012. Approve the user fees identified in Exhibit A with no change in the user fee that was adopted on July 26, 2011 as Resolution No. 2011-0570 for the Tonyville Sewer zone of benefit effective August 1, 2012. Ratify the user fee identified in Exhibit A with no change in the user fee that was adopted on July 12, 2011 as Resolution No. 2011-0490 for the El Rancho Sewer zone of benefit effective August 1, 2012.

(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: 8

Board of Supervisors August 14, 2012 Agenda Item pertaining to the Rate Adjustment of County Service Area Zones of Benefit

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Michael Alan Yocom vs. County of Tulare

Tulare County Superior Court of the State of California, Case Number 234899

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISITNG LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Hernandez, Jesse vs. County of Tulare

Tulare County Superior Case No. 11-244089

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: 1

Application to file claim. Applicant: Chad Staley

Next Item(s) Sitting as...

ITEM E

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 F

CONFERNCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

County of Tulare vs. Floyd D. Kampen, et. al.

Tulare County Superior Court Case No. 11-244707

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: 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 H

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 I

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 J

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 K

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (b)(1)]

Number of Potential Cases: 1

Wrongful Termination Action; DFEH/EEOC Complaint; Government Tort Claim by an employee against the County of Tulare

Next Item(s) Sitting as...

ITEM L

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...