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 25, 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.                  Public Comments.

2.                  Board of Supervisors matters.

 

 

 

 

CONSENT CALENDAR (Number 3 through 16)

 

 

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

3.                  Approve an amendment to Agreement No. 25369 with the United States Department of Agriculture to extend the term of the agreement to January 13, 2013 for providing funding for an area-wide Glassy-winged Sharpshooter Management Program.

Board of Supervisors

4.                  Ratify the following Proclamations:  Honoring Janet M. Honadle for ten years of loyal and dedicated service to Tulare County; and Honoring Armida Valero Martinez for her dedication and service to the City of Woodlake.

County Administrative Office/General Services

5.                  Approve an amendment to Lease Agreement No. 18414 with Olivewood Properties, LLC to extend the term of the lease agreement for five years, to commence upon approval by the Board of Supervisors, for use of office space located at 248 Highway 65, Suite 248 and Suite 250, Lindsay, CA.

6.                  Waive the formal bidding process and purchase the replacement Micropress System copiers from Stanton Office Machines.  Approve Micropress System Maintenance Agreement with Stanton Office Machines for a term of 60 months for the period of September 25, 2012 to September 25, 2017 to provide maintenance services.  Approve a Lease Purchase Agreement with US Bank effective September 25, 2012 for a term of 60 months for the period of September 25, 2012 to September 25, 2017 to provide a Micropress System.

District Attorney

7.                  Approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing 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.

 

 

 

 

Health & Human Services Agency

8.                  Approve an amendment to Agreement No. 19959 with Kaweah Delta Health Care District for the provision of mental health services from Kaweah Delta Mental Health's Acute Psychiatric Hospital, to update the Rate Structure listed in paragraph 4.1 for the Psychiatric Acute Hospitalization Rate, 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.

9.                  Approve an amendment to Agreement No. 23923 with Proteus, Inc. in an amount not to exceed $2,198,296 to provide comprehensive job services to clients of TulareWORKs from October 1, 2012 through September 30, 2014.

10.             Approve an amendment to Agreement No. 23924 with SEE and Company in an amount not to exceed $950,000 to provide comprehensive job services to clients of TulareWORKs from October 1, 2012 through September 30, 2014.

11.             Approve an amendment to Agreement No. 23972 with Community Services and Employment Training, Inc., in an amount not to exceed $2,702,548, to provide comprehensive job services to clients of TulareWORKs from October 1, 2012 through September 30, 2014.

12.             Approve an amendment to Agreement No. 24419 with Porterville Unified School District to receive immunizations or Public Health Services from Tulare County Health & Human Services Agency, retroactive to July 1, 2012 through June 30, 2015.  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.

13.             Approve an agreement with the California Department of Public Health for California's Personal Responsibility and Education Program in an amount not to exceed $1,160,336, 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. Authorize the Tulare County Health & Human Services Director of Administration to sign the Attestation of Compliance with the Sexual Health Education Accountability Act of 2007 (Exhibit K).

Human Resources & Development

14.             Approve the Side Letter Agreement between the County of Tulare and the Tulare County Professional Law Enforcement Manager's Association (PLEMA) amending the current MOU to eliminate the furlough, restore the vacation accrual rate, restore the Uniform Allowance, and extend the term of the agreement to June 30, 2014.

Probation

15.             Approve an amendment to Agreement No. 21657 with the City of Lindsay to extend the term of the agreement for the services of one Probation Officer for Non-Custody Intake Program, retroactive to July 1, 2012 through June 30, 2013.   Find that the Board had authority to enter into the proposed amendment to agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement as of that date.

16.             Approve an amendment to Agreement No. 23448 with the City of Visalia to extend the term of the agreement for the services of Juvenile Probationers for the Juvenile Probation Work Program, retroactive to July 1, 2012 through June 30, 2013.  Find that the Board had authority to enter into the proposed amendment to agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement as of that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

17.             Request from Health and Human Services Agency to approve an agreement with the California Department of Public Health (State Agreement No. 12-10187) and accept the award for funding from the California Department of Public Health in the amount of $3,595,155 for the Network for a Healthy California Program beginning October 1, 2012 through September 30, 2016.

18.             Request from Resource Management to 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.

19.             Request from Resource Management Agency to approve and award the contract for construction of Well No. 8 in the community of Ivanhoe, CA to the lowest responsive and responsible bidder. 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 ten percent (10%) of the contract amount to cover unexpected construction conditions. Approve Amendment No. 1 to Agreement No. 25022 with the Ivanhoe Public Utility District (IPUD) to clarify the parties’ financial responsibilities.  Authorize the Chairman to execute the Amendment to Agreement No. 25022.

20.             Request from Resource Management Agency to receive a recommendation by the Agricultural Policy Advisory Committee to require a Rural Valley Lands Plan evaluation for every Special Use Permit on agriculturally zoned parcels.  Presentation by the Resource Management Agency analyzing the effects of implementing the recommendation of the Agricultural Policy Advisory Committee.  Approve Resource Management Agency's recommendation to refer the matter back to the Agricultural Policy Advisory Committee in light of the recently adopted General Plan policies regarding the use of the RVLP and for further study of Special Use Permits on agriculturally zone parcels.

21.             Presentation given by Resource Management Agency regarding an overview of Criteria for Public and Private Utility Structures located on Agricultural Zoned Lands and lands under Williamson Act Contracts (Solar Policy).  Provide input and direction to staff regarding the Solar Policy.

22.             Presentation given by Resource Management Agency regarding regional efforts to promote increased public access to broadband and high speed internet in the Central Valley, and progress on the Central Valley Next Generation Broadband Infrastructure Project.

(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: 3

Award of Construction Contract Well No. 8 in the community of Ivanhoe California.

Please see Board of Supervisors Agenda September 25, 2012

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 3

Bid Protest and Award of the Construction Contract for the Mountain Road 319 Bridge Replacement Project over the South Fork of Kaweah River.

Please see Board of Supervisors agenda September 25, 2012

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. Bruce Kenneth Belknap

Tulare County Superior Court Case Number 10-295868

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: 4

Threats of litigation in the public record regarding Certification of the Final Environmental Impact Report and Adoption of Tulare County General Plan 2030 Update and Draft Environmental Impact Report

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: 3

Next Item(s) Sitting as...

ITEM F

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 G

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 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- EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  D.L., a minor, by and through his Guardian Ad Litem, Kariann Junio vs. County of Tulare, et. al.

Tulare County Superior Court Case Number 246425

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: 25

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...