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

 

November 6, 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 designating the month of November 2012 as Adoption Awareness Month in Tulare County. Support the goals and ideas of National Adoption Awareness Month, including raising public awareness of children in foster care waiting to find permanency and celebrating and honoring all families who adopt.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

CONSENT CALENDAR (Number 4 through 17)

 

 

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.

 

 

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

4.                  Authorize the issuance of one replacement warrant for Wells Fargo Bank in the amount of $15,548.48.

5.                  Ratify and approve an agreement with the Secretary of State for Federal Help America Vote Act Funds in the amount of $185,309.65, retroactive to May 1, 2011 through March 31, 2013.  Find that the Board had the authority to enter into the proposed agreement as of May 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.  Ratify the Assistant Auditor-Controller's signature.

Board of Supervisors

6.                  Ratify a Proclamation honoring Jose Cesario, Portugal's Secretary of State for the Portuguese communities.

7.                  Reappoint Steve Saltzman, District Two to the Tulare County Housing Authority for a term ending December 18, 2016.

County Administrative Office/Capital Projects

8.                  Approve proclaiming "Court Adoption and Permanency Month" this year from November 1 through November 30, 2012 in Tulare County.

9.                  Approve an amendment to Agreement No. 22109 with the School Project for Utility Rate Reduction (successor to California Utility Buyers Joint Powers Authority) to extend the term of the agreement to June 30, 2014 for providing delivery of natural gas to the cogeneration unit at the Bob Wiley Detention Facility in Visalia, retroactive to July 1, 2009.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2009, and that it was in the County's best interest to enter into the amendment as of that date.

Fire Department

10.             Accept grant funding in the amount of $59,596 from the Federal Emergency Management Agency for Assistance to Firefighters Grant and approve the Grant Award Agreement. Find that the Board had the authority to accept the grant and enter into the proposed Grant Award agreement as of July 20, 2012, and that it was in the County's best interest to accept the grant and enter into the Grant Award agreement on that date.  Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

11.             Authorize the Tulare County Director of Mental Health to sign the County Certification and submit the Mental Health Services Act, Integrated Components Plan Update for Fiscal Year 2012/2013 to the Mental Health Services Oversight and Accountability Commission (MHSOAC).

Human Resources & Development

12.             Waive the final reading and adopt the Ordinance to amend Section 1-09-1020 of Chapter 9 of Part 1 of the Ordinance Code of Tulare County pertaining to the credit of accumulated sick leave.  Direct the Clerk of the Board to publish the adopted Summary Ordinance and to post a certified copy of the full Ordinance with the names of the Board of Supervisors voting for and against the adoption, within fifteen days as required by Government Code Section 25124.

Information & Communications Technology

13.             Approve an amendment to Agreement No. 14242 with CGI Technologies and Solutions Inc. to increase the number licenses for ongoing maintenance of the AFIN software and the upgrade from Advantage Financial 3.6.1 to 3.8.0.2 in an amount not to exceed $33,375.

Resource Management Agency

14.             Waive the second reading and adopt an Ordinance amending Section 3-01-1095, "Goshen" of Article 3, Chapter 1, Part III of the Ordinance Code Pertaining to speed limits.  Direct the Clerk of the Board to publish the Ordinance after adoption as required by law.

Sheriff/Coroner

15.             Approve the Capital Asset purchase of a digital printer and laminator in an amount not to exceed $22,000.  Authorize the necessary budget adjustments.  (4/5ths vote required)

16.             Introduce and waive the first reading of an Ordinance amending Sections 4-23-1000, 4-23-1005, 4-23-1010, and 4-23-1020 of the Ordinance Code pertaining to use of motorcycles, motor bikes, all-terrain vehicles and other motor vehicles on private property.  Set the second reading for December 4, 2012.  Direct the Clerk to publish a summary of the Ordinance before the second reading as required by law.

Workforce Investment Board

17.             Appoint Shelly Tarver, Public Sector, Employment Development Department to the Workforce Investment Board for a term ending May 31, 2013.

(Items Not Timed)

 


ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

18.             Request from the Resource Management Agency to approve the short sale of real property located at 41111 Rancho Court, Orosi.  Approve forgiveness of a County loan in the amount of $30,000.  Authorize the Resource Management Agency Assistant Director, Administration Branch to sign any and all documents pertaining to the short sale.

19.             Presentation from Resource Management Agency on the Tulare County Bridge Improvement 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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Margarita Gallegos vs. County of Tulare

Workers’ Compensation Appeals Board No. ADJ1334773

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  City of Bellflower, et al. vs Ana Matosantos, et al.

Sacramento County Superior Court No. 34-2012-80001269

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

Public Records Act Request

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

Public Records Act Request

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  City of Porterville vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249043

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Sierra Club vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249061

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 Adoption of Tulare County General Plan 2030 Update

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

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

Board Representative

[Government Code Section 54957 (b)(1)]

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...

Sitting as the Tulare County IHSS Public Authority Board

ITEM M

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 Officials

Next Item(s) Sitting as...