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,

THE TULARE COUNTY FLOOD CONTROL DISTRICT, 

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY, AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

September 18, 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 Proclamation declaring the week of September 17-23, 2012 as Constitution Week in Tulare County.

2.                  Present Proclamation honoring Taylor Brown for winning the World Championship Title in Trail at the 2012 Built Ford Tough American Quarter Horse Youth Association World Championships.

3.                  Present Proclamation honoring Makayla Reed for winning the World Championship Title in Boxing at the 2012 Built Ford Tough American Quarter Horse Youth Association World Championships.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING:   Request from Health and Human Services Agency to adopt the fee recommended for Tulare County Health & Human Services Agency, Environmental Health approved Milk Inspection Services, effective October 1, 2012.

 

10:30 A.M. – TIMED ITEMS

 

7.                  BUDGET HEARINGS:

Introduction and Overview

 

PUBLIC HEARING:  Citizens’ Option for Public Safety (COPS)   (Budget Book Page 266)

 

Review proposed expenditure of funds allocated from the California State Legislature for the Citizens’ Option for Public Safety Program – Supplemental Law Enforcement Funding. Authorize the Auditor-Controller to distribute the monies, when received, per the spending plan as modified by public input and Board of Supervisors direction.

 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

Enterprise Fund (Budget Book Page 435)

 

      Terra Bella Sewer Maintenance District

1.      Approve the Resolution to adopt the Final Budget for the Terra Bella Sewer Maintenance District as modified during the hearings; and

2.      Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2012/2013 Budget into final balance.

 

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

Special District (Budget Book Page 487)

 

      Tulare County Flood Control District

1.      Approve the Resolution to adopt the Final Budget for the Tulare County Flood Control District as modified during the hearings; and

2.      Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2012/2013 Budget into final balance.

 

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

CONVENE AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

Public Authority (Budget Book Page 483)

 

      In-Home Supportive Services Public Authority

1.      Approve the Resolution to adopt the Final Budget for the In-Home Supportive Services Public Authority as modified during the hearings; and

2.      Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2012/2013 Budget into final balance.

 

ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

Enterprise and Assessment Districts Funds - Consent Budgets   (Budget Book Page 425-463)

 

Solid Waste

Transit

 

L & M Funds—Assessment Districts

                    L01 Orosi Lighting/Landscape                 L85 Orosi Storm Drain

                    L05 Orosi Storm Drain                               L86 Visalia (Cottontail) Storm Drain

                    L07 Poplar Storm Drain                             L87 Visalia (Kapsu) Storm Drain

                    L10 Orosi Storm Drain                               M02 Visalia (El Rio) Road

                  L16 Earlimart Lighting/Landscape             M03 Strathmore Road

                    L60 Tipton Storm Drain                             M04 Porterville Road

                    L65 Earlimart Storm Drain                        M06 Visalia (Acacia) Road

                    L70 Cutler Storm Drain                              M07 Poplar Road

                    L75 Teviston Storm Drain                          M86 Visalia (Cottontail) Road

                    L80 Earlimart Storm Drain                        M87 Visalia (Kapsu) Road

 

County Service Areas #1 and #2 Zones of Benefit - Consent Budgets (Budget Book Page 465-481)

 

            El Rancho Sewer                Delft Colony Sewer            Delft Colony Water

            Lemon Cove Water           Seville Sewer                   Tonyville Sewer

            Tooleville Sewer               Traver Sewer                         Yettem Sewer

            Yettem Water                   Wells Tract Water                  Wells Tract Sewer

 

 

Internal Services Funds — Consent Budgets   (Budget Book Page 365-424)

 

County Administrative Office

Copier Services

Custodial Services

Facilities

Fleet Services

Grounds Services

Mail Services

Print Services

Utilities

 

County Counsel – Insurance

Workers’ Compensation

General Liability

Property

Medical Malpractice

   

      Information & Communication Technology

                Communications

                Information & Communication Technology

      Human Resources and Development – Insurance

Dental Insurance

 

Operating Funds — Consent Budgets    (Budget Book Page 286-363)

 

Aviation                                                          Building Debt Service

Capital Projects                                             Child Support Services

Fire                                                                 Fish and Game

Health Realignment                                       Indigent Health Care

            Library                                                             Mental Health Realignment

Pension Obligation Bond                             Roads

Social Services Realignment                      Tobacco Settlement Proceeds

Workforce Investment Board                       Home Program Fund

Community Development Block Grant

 

General Fund — Consent Budgets   (Budget Book Page 123-285)

 

Agricultural Commissioner/Sealer of Weights and Measures

Assessor/Clerk—Recorder

Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters

Board of Supervisors

Capital Acquisitions

Central Telephone Services

Citizens’ Option for Public Safety (COPS)

Cooperative Extension

County Administration

County Counsel

District Attorney

Gang Task Force — Multi-Agency

General Services

Health and Human Services Agency

Human Resources and Development

Juvenile Justice Crime Prevention Act

Miscellaneous Administration

Miscellaneous Criminal Justice

Probation

Public Defender

Purchasing

Resource Management Agency

Rural Crime Prevention

Sheriff-Coroner

 

General Fund- Auditor-Controller Certifies

             

            General Revenues

 

Final Actions to Balance — General Fund

 

Contingency (Page 168)

           Others as Needed

 

Personnel Changes

 

Approve changes to the class specifications, class designations, compensation changes, position allocations list reflecting adds, deletes, and re-classifications, and the elimination of the hiring freeze.

 

Direction and Authorizations

 

1.   Authorize Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2012/2013 Budget into final balance.

2.   Other direction as needed.

 

Budget Adoption

 

Upon conclusion of Final Budget Hearings, adopt consent budgets for all funds and activities as modified during the Final Budget Hearings, amend the class specification, class designations, compensation changes, position allocation list reflecting adds, deletes, and reclassifications, and approve the elimination of the hiring freeze, and authorize the Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2012/2013 Budget into final balance budgets.

 

 

 

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 22)

 

 

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.

 

 

County Administrative Office/General Services-Property Management

8.                  Approve an agreement and Exhibits A, B, C, D and E with the Joe and Cora Gong Family Limited Partnership, a California Limited Partnership, and the Tom and Sarah Gong Family Limited Partnership, a California Limited Partnership, for design, alteration, and lease of premises at 520 E. Tulare Avenue and 822 S. Santa Fe Street in Visalia for a seven year term.  Approve Exhibit F - Memorandum of Lease for property at 520 E. Tulare Avenue and 822 S. Santa Fe Street in Visalia.  Authorize the Chairman to sign Exhibit F - Memorandum of Lease, subject to County Counsel approval as to form.  Authorize the County Administrative Officer, or designee, to record Exhibit F -  Memorandum of Lease, upon execution by the Chairman.

9.                  Amend the Job Specifications for Deputy Clerk - Board of Supervisors and Deputy Clerk II - Board of Supervisors to clarify these positions will be flexibly allocated; and re-title Deputy Clerk - Board of Supervisors to Deputy Clerk I - Board of Supervisors.  Amend the Department Allocation to change the two Deputy Clerk - Board of Supervisors (Position #0413 and #0412) position allocations to Deputy Clerk II - Board of Supervisors.    Approve the re-classification of one Deputy Clerk II - Board of Supervisors (Position #9309) position allocation to one Account Clerk - Principal position allocation.

Human Resources & Development

10.             Approve revisions to the Tulare County Personnel Rules and Administrative Regulation No. 26.

11.             Approve a new Administrative Regulation on Travel and Training Time effective September 18, 2012 for represented and unrepresented employees.

12.             Approve the Administrative Services Agreement with Chimienti & Associates Insurance Services to perform administrative services related to the Tulare County Flexible Benefit Plan for the period of January 1, 2013 through December 31, 2014.

13.             Renew the Blue Cross PPO plan offerings provided by the San Joaquin Valley Insurance Authority with a 4.9% rate increase.  Approve the addition of an HMO plan offering provided by the San Joaquin Valley Insurance Authority.  Renew the Kaiser Permanent plans with an increase of 4.8% for the $1,000 deductible plan and an increase of 4.6% for the $0 deductible plan.  Approve participation in the Delta Dental PPO and DHMO plans through the San Joaquin Valley Insurance Authority without a rate increase in the dental plan rates.  Approve participation in the Vision Service Plan through the San Joaquin Valley Insurance Authority.  Approve a change in providers for the Employee Assistance Program from Avante to Anthem.

Resource Management Agency

14.             Declare their intent to vacate excess right of way on Ben Maddox Way northeast of Visalia.  Set a public hearing for October 23, 2012 at 9:30 A.M. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrell Avenue, Visalia to consider the vacation of the aforementioned portion of right of way.  Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

15.             Approve the Final Map for Unit 2 of Subdivision Tract No. 804, located at the northeast corner of Road 72 and Avenue 310, in the community of Goshen.  Approve the agreement to complete all required public improvements for Unit 2 of Subdivision Tract No. 804.  Approve the agreement for the installation of streetlights for Unit 2 of Subdivision Tract No. 804 and authorize the Chairman to sign the agreement.  Accept the road right-of-way dedications for Unit 2 of Subdivision Tract No. 804 as shown on the Final Map, subject to completion of road construction and acceptance of public improvements.

16.             Rescind Measure R Program Supplement Agreement No. 25624 (Resolution No. 2012-0592) dated July 24, 2012, with the Tulare County Transportation Authority in the amount of $320,000 for funding of the construction of the Mountain Road 319 Bridge Replacement.  Approve a Measure R Program Supplement Agreement with the Tulare County Transportation Authority in the amount of $700,000 for funding of the construction of the Mountain Road 319 Bridge Replacement.

17.             Approve and award the contract to the lowest responsive and responsible bidder Emmett's Excavation, Inc of Clovis, California, in the amount of $1,188,697.60, for construction of Mountain Road 319 Bridge Replacement over the South Fork of the Kaweah River.  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 contingencies in the amount of $118,870 (10%) of the contract amount to cover unexpected construction conditions.

18.             Approve an agreement with Kleinfelder West, Inc. in the amount of $26,673 to provide material testing services during construction of the Mountain Road 319 Bridge Replacement Project from September 2012 to December 2013.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

19.             Approve an Agreement with Kleinfelder West, Inc. in the amount of $293,915 to provide material testing services during construction of the Avenue 416 Kings River Bridge Replacement Project from September 2012 to December 2014. Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

20.             Approve an agreement with Quad Knopf in the amount of $43,000 to provide environmental services during construction of the Mountain Road 319 Bridge Replacement Project from September 2012 to December 2013.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

 

21.             Approve proceedings to form Assessment District No. 12-804R-GOSHEN to pay for the continuing cost of maintenance of the public streets within Subdivision Tract No. 804, located at the northeast corner of Road 72 and Avenue 310, in the community of Goshen.  Approve the Engineer's Report.  Approve the Proposed Boundaries Map and direct the Clerk of the Board to file certified copies with the County-Recorder.  Declare the Board's intention to levy and collect assessments.  Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner.  Approve the formation of the Assessment District and imposition of assessments.  Approve the agreement authorizing Self Help Enterprises to collect the assessments for Fiscal Year 2012/2013 upon first conveyance of each lot.

22.             FOR INFORMATION ONLY:  Bid Opening results for the Ivanhoe Public Utility District Well No. 8 Domestic Water Well and Appurtenances.

Contractor

Amount

Steve Dovali Construction, Inc.

$709,332.00

Travioli Construction, Inc.

$732,345.84

HPS Mechanical, Inc.

$891,630.00

Engineer's Estimate

$750,000.00

 

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

23.             Request from the County Administrative Office to consider, modify as needed, and approve the response to the Tulare County Grand Jury 2011/12 Final Report regarding the report entitled, "Lack of Oversight of Tulare County Special Districts."   Authorize the Chairman to sign the response letter.

(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:  Kristina Brooks vs. County of Tulare

Workers’ Compensation Appeals Board Number ADJ8109410 and ADJ8214344

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  DL, a minor, by and through his Guardian Ad Litem, Kariann Junio vs. Rodolfo Vicente, MD; Mark Wiseman, MD; and Pavel Mundl, MD

Tulare County Superior Court Case Number 246425

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Kerry Kelly vs. County of Tulare

Workers’ Compensation Appeals Board Number ADJ 7320539

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  (1) In re: Municipal Derivatives Antitrust Litigation; and

(2) County of Tulare vs. Bank of America et al.

County of Tulare vs. Bank of America et al. Case Number 1:09-cv-02155-OWW-DLB (Eastern District of California), and Number 1:10-CV-628 (Southern District of New York)

 

 

 

 

 

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

Wrongful Termination Action; DEFH/EEOC Complaint against County of Tulare and individual employees: Government Tort Claim by an employee against the County of Tulare

Next Item(s) Sitting as...

ITEM F

CONSIDER THE DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:

Details

Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957, et seq.

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 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 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...