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 TULARE COUNTY FLOOD CONTROL DISTRICT

 

December 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.                  Public Comments.

2.                  Board of Supervisors matters.

3.                  11:30 a.m. - 1:00 p.m. Tulare County Farm Bureau Board of Director's Luncheon

4.                  Presentation given by the 2012 Leadership Academy participants. Approve a recommendation for the provision of a semi-annual County-Wide Staff Development Symposium.

5.                  Presentation given by the Sheriff's Department regarding illegal marijuana cultivation and distribution suppression efforts.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING: Request from the Fire Department to conduct a public hearing for Fire Hazard Abatement Cost Recovery. Confirm the accounting as modified. Order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 36)

 

 

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 $900 to offset costs of providing soil treatment supervision, commodity treatment supervision and commodity and/ or soil sampling as required by the Nematode Control Program, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had the 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 an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $9,678.53 to offset costs associated with providing enforcement of the California Food and Agriculture Code pertaining to high risk shipments of plant material and bees 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.

Board of Supervisors

9.                  Approve the List of Appointive Offices on Regulatory Commissions and Advisory Boards, Commissions and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2013 for compliance with the Maddy Act and Authorize Posting.

10.             Approve $100,000 in funding awards, as recommended by the Tulare County Youth Commission, from the Step Up Youth Activities Grant Program as follows: District 1: El Quinto Summer Youth Arts Program ($10,000), Courage to Change Teen Connect Program ($10,000); District 2: Grandma's House ($5,000), Tulare County Police Activities League for Earlimart After-School Programs ($5,000), United Way for Allensworth/Alpaugh Youth ($5,000), Tulare Athletic Club ($5,000); District 3: Tulare County Youth for Christ Transitional Support Program ($10,000), Christ Lutheran Institute of Performing Arts (CLIPArts) ($5,000), CHP Explorer Post ($5,000); District 4: Proteus for Employer Based Skills Training ($10,000), Big Brothers Big Sisters of Central California for Cutler/Orosi ($10,000); and District 5: Social & Environmental Entrepreneurs (SEE)/Wildplaces ($10,000), Porterville Summer Strings ($5,000), and Boys & Girls Club Porterville Diplomas to Degrees ($5,000). Authorize the Chairman to sign the grant agreements, subject to review and approval as to form by County Counsel.

11.             Appoint Patrick Isherwood to the Agricultural Policy Advisory Committee, Building Member for a term ending June 30, 2014.

12.             Reappoint Marc Lippincott to the Tulare County Employee's Retirement Board, Member 6 for a term ending December 31, 2015.

13.             Reappoint William D. West, Member 4, Steve Martin, Member 5 and Daniel Vink, Member 6 to the Tulare County Flood Control District for terms ending September 1, 2016

14.             Reappoint Cameron Hamilton, Mutually Selected Member for a term ending June 30, 2017 and appoint Gilbert Ynigues, Mutually Selected Member-Alternate for a term ending June 30, 2016 to the Indian Gaming Benefit Committee.

15.             Reappoint Kathy Johnson, Community Partner to the Health Advisory Committee for a term ending February 1, 2016.

16.             Reappoint Irene Rodrigues, Tenant Commissioner to the Tulare County Housing Authority Board for a term ending December 18, 2016.

17.             Reappoint Robert Uchita, Trustee, Charlie Pitigliano, Jr., Trustee and Robert Clark, Trustee to the Tulare Mosquito Abatement District for terms ending December 31, 2016.

18.             Appoint Chris Bowman, Seat 7, Consumer for a term ending December 31, 2013 and Eve Hill, Seat 14, Consumer for a term ending December 31, 2014 to the Tulare County Mental Health Board.

19.             Reappoint Scott Powell, Director to the Tulare County Resource Conservation District for a term ending November 30, 2016.

County Counsel/Risk Management

20.             Approve an agreement with California State Association of Counties-Excess Insurance Authority to extend the County's participation in the Medical Malpractice Insurance Program retroactive to October 1, 2012 through October 1, 2014. Find that the Boar had authority to enter into the proposed agreement as of October 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

District Attorney

21.             Ratify and approve an amendment to Agreement No. 24021 with California Emergency Management Agency to accept grant funding in the amount of $5,478 for the Central Valley Rural Crime Prevention Program, retroactive to July 1, 2010 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date. Ratify the Chairman's signature on two copies of the grant award amendment to Agreement 24021. Approve the necessary budget adjustments (4/5ths vote required).

22.             Ratify and approve an amendment to Agreement No. 24022 with California Emergency Management Agency to accept grant funding in the amount of $3,399 for the Vertical Prosecution Block Grant Program, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date. Ratify the Chairman's signature on two copies of the grant award amendment to Agreement No. 24022. Approve the necessary budget adjustments (4/5ths vote required).

23.             Ratify and approve the Grant Award Agreement for acceptance of grant funding from the Insurance Fraud Prosecution Program in the amount of $220,000, retroactive to July 1, 2012 through June 30, 2013 and recognize an additional $9,725 in carry over funds from Fiscal Year 2011/2012 for a total of $229,725. Ratify and approve the District Attorney's signature on the agreement. Find that the Board had the 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. Direct the Board Clerk to prepare a certified copy of the Resolution for the District Attorney's Office. Approve the necessary budget adjustments. (4/5ths vote required).

Health & Human Services Agency

24.             Approve the Personnel Resolution to add two (2) ParalegaI-IIIK (Confidential) positions. Approve the necessary budget adjustments. (4/5ths vote required).

25.             Approve an agreement with First Five Tulare County in the amount of $11,695 for fluoride varnish treatment to eligible aged 0 to 6 pediatric patients of the Tulare County Health & Human Services Clinics, retroactive to December 1, 2012 through December 31, 2013. Find that the Board had authority to enter into the proposed agreement as of December 1, 2012, and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments (4/5ths vote required).

26.             Approve an agreement with Parenting Network 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.

27.             Approve the acceptance of funds from the California Emergency Management Agency for the Fiscal Year 2012 State Homeland Security Grant Program in the amount of $389,556, retroactive to October 12, 2012 through April 30, 2014. Find that the Board had authority to accept the grant funds as of October 12, 2012 and that it was in the County's best interest to accept the funding on that date. Accept funds from the Tulare County Office of Emergency Services on behalf of Fire, Resource Management Agency, and HHSA-Public Health Emergency Preparedness Program. Approve the necessary budget adjustments (4/5ths vote required).

28.             Approve the Influenza Reagent Resource (IRR) User Agreement with the American Type Culture Collection for the utilization of the free Influenza PCR (Polymerase Chain Reaction) test reagents necessary for the Tulare County Public Health Lab Influenza Surveillance Program.

29.             Approve a Memorandum of Understanding with the Superior Court of Tulare County for the provision of two (2) Courtroom Clerk positions for the Drug Court and Mental Health Court in the amount of $89,994, retroactive to July 1, 2012 through June 30, 2013. 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. Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

30.             Approve the Personnel Resolution for reclassification of Position No. 2486 and incumbent from Road Superintendent to Heavy Equipment Superintendent. Approve the designation of the Heavy Equipment Superintendent classification to At-Will status and approve grandfathering current incumbent, Position No. 2486, to retain competitive status. Authorize and approve salary realignment of the Heavy Equipment Superintendent classification with that of the Road Superintendent classification. Authorize and approve a one-time payment, effective November 4, 2012.

Sheriff/Coroner

31.             Ratify and approve an amendment to Agreement No. 23774 with the California Emergency Management Agency to increase funding by $10,428 for the Tulare County Sexual Assault Felony Enforcement Program, retroactive to July 1, 2010, through June 30, 2013. Ratify the Chairman's signature on the amendment to the agreement. 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. Approve the necessary budget adjustments. (4/5ths vote required)

32.             Ratify and approve an amendment to Agreement No. 24026 with the California Emergency Management Agency to increase funding by $4,531 for the Tulare County Clandestine Laboratory Enforcement Unit, retroactive to July 1, 2010, through June 30, 2013. Ratify the Chairman's signature on the amendment to the agreement. Find that the Board had authority to enter into the proposed agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote required)

33.             Rescind Board Resolution No. 2012-0809. Ratify the Chairman's signature on a grant application to the Board of State and Community Corrections for Fiscal Year 2012/2013 for $211,963 to operate the Tulare County Inter-Agency Narcotics Enforcement Team Program, retroactive to October 1, 2012 through September 30, 2013. Approve operating agreements with Exeter, Farmersville, and Lindsay police departments for the Tulare County Inter-Agency Narcotics Enforcement Team Program, retroactive to October 1, 2012, through September 30, 2013 and ratify the Chairman's signature on each agreement. Find that the Board had authority to enter into the proposed agreement as of October 1, 2012, and that it was in the County's best interest to enter into the agreement on that date. Assure that federal Justice Assistance Grant funds from the Board of State and Community Corrections awarded to the County under the Anti-Drug Abuse Program will not be used to supplant other funds for the same activities, and that the County will abide by all statues and regulations governing the Justice Assistance Grant Program and terms as well as the terms and conditions of the grant agreement for the program by the Board of State and Community Corrections.

34.             Rescind Board Resolution 2012-0870. Ratify the Chairman's signature on a grant application to the Board of State and Community Corrections for Fiscal Year 2012/2013 for $331,546 to operate the South Valley Marijuana Suppression Program, retroactive to October 1, 2012 through September 30, 2013. Approve an operating agreement between the Tulare County Sheriff's Department, the Tulare County District Attorney's Office, the Fresno County Sheriff's Office, and the Fresno County District Attorney's Office for the South Valley Marijuana Suppression Program, retroactive to October 1, 2012 through September 30, 2013 and ratify the Chairman's signature on the agreement. Find that the Board had authority to enter into the proposed agreement as of October 1, 2012, and that it was in the County's best interest to enter into the agreement on that date. Assure that federal Justice Assistance Grant funds from the Board of State and Community Corrections C awarded to the County under the Anti-Drug Abuse Program will not be used to supplant other funds for the same activities, and that the County will abide by all statues and regulations governing the Justice Assistance Grant program as well as the terms and conditions of the grant agreement for the program by the Board of State and Community Corrections.

35.             Approve an amendment to Agreement No. 25264 with TLOxp to add the cost for services for the search database used to investigate criminal cases, retroactive to November 15, 2012, and to remain in effect until terminated by either party.

36.             Approve the Capital Asset Purchase of four mugshot capture stations in the amount of $27,371. Authorize the necessary budget adjustments (4/5ths vote required).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

37.             Request from Health and Human Services Agency to approve an agreement with Diamond Drugs, Inc., d.b.a. Diamond Pharmacy Services, in an amount not to exceed $3,700,000, to provide Pharmaceutical Management Services for the Tulare County Health & Human Services Agency's Criminal Justice facilities from January 1, 2013 through June 30, 2016.

 

 

 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

38.             Request from Resource Management Agency to approve the proposed Flood Control Projects as recommended by the Flood Control Commission and instruct staff to proceed with further study and concept development and to design and construct the following three flood control projects: Juvenile Detention Facility-Cottonwood Creek; Seville-Sontag Ditch; and Yettem-Button Ditch. Authorize the necessary budget adjustments. (4/5ths vote required).

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

39.             Presentation given by Resource Management Agency regarding the status of major road projects for construction in Tulare County.

40.             Request from the County Administrative Office to introduce and waive the first reading of an ordinance to amend Section 1-07-1060 of Chapter 7 of Article 3 of the Ordinance Code of Tulare County pertaining to the Board of Supervisors salaries. Set the second reading for December 18, 2012 and direct the Clerk of the Board to publish the full ordinance prior to the second reading as required by law.

(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 INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c)]

Number of Potential Cases: 25

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 Porterville vs. County of Tulare, et al. Tulare County Superior Court

Case No. 249043

Next Item(s) Sitting as...

ITEM C

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 D

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 E

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a)]

Name of Case: Home Builders Association vs. County of Tulare, et al. Tulare County Superior Court Case Number 156119

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

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

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

County Counsel

Next Item(s) Sitting as...

ITEM J

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...