MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL -Chairman

District Two

 

PHILLIP A. COX -Vice Chairman

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


July 16, 2013

 

3:00 P.M. Board Convenes for Closed Session

Board Chambers, Administration Building

2800 W. Burrel Avenue, Visalia

 

7:00 P.M. Board Reconvenes for Open Session

Board Chambers, Administration Building

2800 W. Burrel Avenue, Visalia

 

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.                  Presentation regarding LOOP Bus Ridership and collaboration with Visalia After School programs.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

7:30 P.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to approve the fees for parcels receiving benefit from the Kennedy Meadows Transfer Station. Approve the placement of the fees on the 2013/2014 Tax Roll.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 19)

 

 

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

5.                  Approve $8,440 for projects recommended by the Tulare County Fish and Game Commission for Fiscal Year 2013/2014. Authorize the Agricultural Commissioner to approve disbursement of funds for these projects upon adoption of the Fish and Game Propagation Program budget for Fiscal Year 2013/2014. Approve the Notice of Exemption pursuant to the California Environmental Quality Act and the State of California Environmental Quality Act Guidelines, and direct the Clerk of the Board to file the Notice of Exemption with the County Clerk.

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

6.                  Approve the purchase of 55 replacement vehicles for the 2013/2014 Fiscal Year. Authorize payment for those vehicles with a loan from the Workers' Compensation Insurance Fund.

Board of Supervisors

7.                  Reappoint Richard Job to the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2017.

County Administrative Office

8.                  Ratify actions taken by the County Administrative Officer during the month of June 2013 regarding Good Works Agreements.

Fire Department

9.                  Approve the necessary budget adjustments for the California Fire Assistance Agreement for Local Fire Suppression Assistance Program (4/5ths vote required).

Health & Human Services Agency

10.             Approve an agreement with Family Builders Foster Care, Inc. to provide therapeutic behavioral services in an amount not to exceed $300,000, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had authority to enter into the proposed agreement as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

11.             Approve an agreement with Ralph Agnello, Attorney at Law, to provide Hearing Officer Services for Certification and Riese Hearings in an amount not to exceed $120,000, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had authority to enter into the proposed agreement as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

12.             Appoint Rebecca R. Cortez, Seat #5 - Tulare County Representative to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2016.

Human Resources & Development

13.             Acknowledge receipt and acceptance of the United Automobile, Aerospace, and Agricultural Implements Workers of America, Local 1797, letter dated June 27, 2013 that disclaims and waives any and all interest in representing, and any right to be the exclusive representative of Unit 2 - Crafts/Trades, effective June 27, 2013 and rescind recognition of accordingly.

Probation

14.             Authorize the submission of an application for grant funding to participate in the Evidence-Based Practices to Improve Public Safety Project supported by federal juvenile Accountability Block Grant funding and administered by the Board of State and Community Corrections in the amount of $250,000, with a required 10% match or up to maximum of $25,000, for period of October 1, 2013 through September 30, 2015. Approve the Board Chairman's signature on the application and all grant application documents necessary to secure grant funds. Agree to provide all matching funds required for said project and abide by the statutes and regulations governing the federal Grants Program as well as the terms and conditions of the Grant Agreement as set forth by the Board of State and Community Corrections. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

15.             Approve an amendment to Agreement No. 21659 with the City of Visalia to provide the services of a Probation Officer for the continued operation of the Delinquency Prevention - Campus Probation Officer Program, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had authority to enter into the proposed amendment to Agreement as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

 

 

16.             Approve an amendment to Agreement No. 21672 with the Cutler-Orosi Unified School District to provide the services of a Probation Officer for the continued Delinquency Prevention - Campus Probation Officer Program, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had authority to enter into the proposed amendment to Agreement No. 21672 as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

17.             Approve an amendment to Agreement No. 21680 with the Earlimart School District to provide the services of a Probation Officer for the continued Delinquency Prevention - Campus Probation Officer Program, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had authority to enter into the proposed amendment to Agreement No. 21680 as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

18.             Approve the Plans, Special Provisions, Proposal and Contract for construction of apron and hangar taxi lanes at Sequoia Field Airport, Federal Aviation Administration Airport Improvements Plan Project No. #3-06-0266-05 & 06, subject to review and approval as to form by County Counsel. Authorize the Chairman to sign the plans. Approve the advertisement of the project. Set the bid opening date for August 13, 2013 at 2:00 p.m.

Workforce Investment Board

19.             Approve a subgrant agreement in the amount of $2,163,828 with the State of California, Employment Development Department for Workforce Investment Act Youth programs, retroactive to April 1, 2013 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of April 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

20.             Request from the District Attorney to approve the Personnel Resolution to add one (1) new Investigator Aide to the position allocation of the District Attorney's Workers' Compensation Insurance Fraud Unit for Fiscal Year 2013/2014.

(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 (d)(2)]

Number of Potential Cases: 10

Public Hearing to Consider Fees for Parcels Receive Benefit from the Kennedy Meadows Transfer Station

See Board of Supervisors Agenda July 16, 2013

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)]

Number of Potential Cases: 8

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)]

Number of Potential Cases: 1

Approve the Plans, Special Provisions, Proposal and Contract for construction of an apron and hanger taxi lanes at Sequoia Field Airport, FFA Airport Improvement Plan Project Number 3-06-0266-05 & 6

See Board of Supervisors Agenda July 16, 2013

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - INITATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 36000 Road 112, Visalia, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Gary Truitt

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 36000 Road 112, Visalia, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Ken Pierson

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 36000 Road 112, Visalia, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Bill Lundberg

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (d)(1)]

Name of Case: Sundale Vineyards, L.P. vs. County of Tulare

Next Item(s) Sitting as...

ITEM L

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM M

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (d)(1)]

Name of Case: Dennis McElhaney vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ8427968

 

 

Next Item(s) Sitting as...

ITEM N

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...