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


September 11, 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.                  Adopt a resolution proclaiming September 9 - 15, 2012 as "Suicide Prevention Week" in Tulare County.

2.                  Receive a presentation from the Health and Human Services Agency, Public Health Department, regarding the progress and direction of the Tulare Medical Reserve Corps.

3.                  Presentation on the TipNow Program by the Tulare County Sheriff's Department.

4.                  Public Comments.

5.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from Resource Management Agency to approve the adjusted General Refuse Tipping Fee, effective December 1, 2012. Find that these fees are for the purpose of recovering the operational, environmental monitoring, recycling programs, contribution to reserve, and administrative costs of the Solid Waste Division and is an activity exempt from CEQA pursuant to Public Resources Code Section 21980 (b)(8) and direct the Environmental Assessment Officer to sign and file the Notice of Exemption with the Tulare County Clerk-Recorder.

(Consent Calendar)

CONSENT CALENDAR (Number 7 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

7.                  Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $20,000 to offset costs of providing fruit and vegetable inspection services for the Standardization Program, 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.

8.                  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 through 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. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2012, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

Auditor-Controller/Registrar of Voters

9.                  Consolidate the Local Contest/Measures with the General Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, November 6, 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 General 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.

County Administrative Office/General Services - Property Management

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

11.             Approve an amendment to Agreement No. 21902 with Jon E. Maring and Tamara Maring Family Partnership for extension of lease term for property located at 3301, 3303, 3305, and 3307 S. Fairway, Visalia.

12.             Approve an agreement for Purchase of Easement with Southern California Edison for a price of $27,000. Approve the Grant of Easement to Southern California Edison. Authorize the Chairman of the Board of Supervisors to sign the Grant of Easement to Southern California Edison. Direct the Clerk of the Board to return the signed and notarized Grant of Easement to Property Management for transmittal to Southern California Edison upon receipt of payment.

District Attorney

13.             Approve the Grant Award Agreement with the California Emergency Management Agency for the Unserved/Underserved Victim Advocacy and Outreach Program in the amount of $116,420, with a $29,105 match, for the period of October 1, 2012 through September 30, 2013. Authorize the County Administrative Officer, or his designee, to sign two copies of the Certification of Assurance of Compliance.

Health & Human Services Agency

14.             Approve an amendment to Agreement No. 25084 with Family Preservation Community Services for the provision of Wraparound Services in an amount not to exceed $999,000, 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.

15.             Approve an amendment to Agreement No. 25107 with Liberty Dental Plan of California, Inc. in the amount of $52,000 to provide dental services for the Tulare Healthy Kids 6-18 Program, retroactive to November 1, 2010 through December 31, 2012. Find that the Board had authority to approve the amendment as of November 1, 2010, and that it was in the County's best interest to approve the amendment on that date.

16.             Approve an agreement with the California Department of Health Care Services for Tulare County to participate in the Targeted Case Management Program, retroactive to July 1, 2007 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of July 1, 2007, and that it was in the County's best interest to enter into the agreement on that date.

17.             Approve an agreement with Helios Healthcare, LLC, in an amount not to exceed $65,000 for the provision of acute psychiatric inpatient services for Medi-Cal beneficiaries, retroactive from 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 the Agreement with the State Department of Mental Health and California Department of Health Care Services, retroactive to April 1, 2012 through December 30, 2012. Find that the Board had authority to enter into the proposed agreement as of April 1, 2012, and it was in the County's best interest to enter into the agreement on that date.

Information & Communications Technology

19.             Approve the renewal with Syncsort in the amount of $169,570 to provide license and support for the period of September 28, 2012 to September 27, 2013. Approve the initial cost for an additional 13 terabytes of backup space in the amount of $78,000.

Probation

20.             Accept grant funding in the amount of $11,715,220 from the State of California for Fiscal Year 2012/2013 for the AB 109 Implementation. Approve the proposed Community Corrections Partnership budget for Fiscal Year 2012/2013 for AB 109 Implementation. (4/5ths vote required). Receive the Addendum to the Community Corrections Partnership Plan for AB 109 Implementation.

21.             Ratify and approve an amendment to Agreement 23955-C with the United States Department of Justice for seized and forfeited drug assets, retroactive to July 1, 2012 through June 30, 2013. Ratify the Chairman's signature on one copy of the amendment. 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 agreement on that date.

Purchasing

22.             Authorize the Tulare County Purchasing Department to donate a 1991 Chevrolet 2500 Cheyenne pickup truck, Lot #1321, to the Richgrove Community Center for graffiti removal.

Resource Management Agency

23.             FOR INFORMATION ONLY: Bid Opening results for the Mountain Road 319 Bridge Replacement.

Contractor

Bid Amount

Emmett's Excavation, Inc.

$1,888,697.60

RNR Construction, Inc.

$1,293,112.35

Lee's Paving, Inc.

$1,335,627.60

 

 

24.             Elect to receive the "full county payment amount" of $610,301 from the Secure Rural Schools and Community Self Determination Act of 2000. Designate eight percent (8%) of the "full county payment amount" to Title II (Special Projects on Federal Lands) and seven percent (7%) to Title III (County Funds) for Fiscal Year 2012/2013.

25.             Authorize the Chairman to sign the reimbursement request for Capital Transit Purchase.

26.             Accept the work for construction of the Visalia Landfill Entrance Facility and Recycling Center as complete by BMY Construction Group, Inc. 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.

27.             Approve an agreement with Tulare County Association of Governments in the amount of $25,000 for providing administrative services for oversight of a Congestion Management Air Quality (CMAQ) Grant relating to rail improvements to the San Joaquin Valley Railroad Short Line Rail Improvement Project, retroactive to July 1, 2012 through the end of construction and closeout of the Grant. 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.

28.             Waive the second reading and adopt an Ordinance adding Section 3-01-1195, "Tonyville" and Section 3-01-1200, "Kingsburg" to Part III, Chapter 1, Article 3 of the Tulare County Ordinance Code pertaining to speed limits. Direct the Clerk of the Board to publish the Ordinance after adoption as required by law.

Sheriff/Coroner

29.             Accept and approve a $250,000 Grant Agreement from the Community Oriented Policing Division of the U.S. Department of Justice under the FY 2012 COPS Hiring Program, retroactive to June 1, 2012, through May 31, 2015. Find that the Board had authority to enter into the proposed agreement as of June 1, 2012, and that it was in the County's best interest to enter into the agreement on that date. Approve and authorize a Personnel Resolution increasing the Sheriff's position allocation by two Sheriff's Deputies. Approve the necessary budget adjustments. (4/5ths vote required).

Workforce Investment Board

30.             Appoint Robert Kleyn, Public Sector, to the Workforce Investment Board of Tulare County Board of Directors for a term ending May 31, 2013.

(Items Not Timed)

 

 

(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: 9

Public Hearing to Approve Tipping Fees

See Board of Supervisors Agenda September 11, 2012

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Kristina Brooks vs. County of Tulare

Workers' Compensation Appeals Board No. ADJ8109410 and ADJ8214344

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

Application for Leave to Present Late Claim Filed by Sawl, Taleisnik & Jones Attorneys at Law regarding a motor vehicle accident

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Jesse Hernandez vs. County of Tulare

Tulare County Superior Court Case No. 11-244089

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 ReportNext 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 WTIH 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

CONFERNCE 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 J

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

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 LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 25

Next Item(s) Sitting as...

ITEM N

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 O

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