MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY –  

Chairman

District Four

 

MIKE ENNIS – Vice Chairman

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

 

January 27, 2015

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

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.             Board of Supervisors matters.

2.             Public Comments.

 

 

10:00 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.            PUBLIC HEARING:  Request from the Treasurer-Tax Collector to continue the public hearing from January 6, 2015 regarding the denial of the appeal filed by Marilu Lopez regarding an Adult Oriented Business License, per Tulare County Ordinance Code Sections 6-03-1050.

 

(Consent Calendar)

CONSENT CALENDAR (Number # through #)

 

 

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.

 

Assessor/Clerk-Recorder

4.            Approve a multi-year agreement with PFA, Inc. for Fiscal Years 2014/2015 and 2015/2016 to convert 1960-1987 real property grantor/grantee indices from microfiche to digital format in the amount of $781,417.09 to be completed by December 31, 2015.  Approve the necessary budget adjustments (4/5ths vote required).

Board of Supervisors

5.            Reappoint Joe Machado, Tulare County Trustee to the Kings Mosquito Abatement District for a term ending January 2, 2017.

6.            Appoint Don Turner, Seat 1 to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2015.

7.            Appoint Kuyler Crocker, District 1 Alternate to the Tulare County Association of Governments (TCAG) to serve at the pleasure of the Board.

8.            Appoint Rosemary Caso, At-Large Member and Darcy Massey, Agency Representative to the Tulare County Council on Youth and Child Development for terms ending June 30, 2016.

9.            Appoint Christopher Telfer, County Member to the Measure R Citizen's Oversight Committee for a term ending June 30, 2016.

10.         Appoint Wayne Ross, Member 4 to the Tulare County Retirement Board for a term ending December 31, 2015.

County Administrative Office/General Services

11.         Ratify actions taken by the County Administrative Officer during the month of December 2014 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

12.         Approve an agreement with G300 Farms LLC for purchase of Fee Title and a Temporary Construction Easement for the Avenue 416 Road Widening Project in the amount of $10,000.  Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation.  Authorize the Property Manager, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $12,000 in favor of Chicago Title Company.

13.         Approve February 24, 2015 at 9:00 a.m., or as soon thereafter as possible, as the date and time to receive public comment regarding the Board’s intent to consummate the purchase of a portion of the real property at 3909 Avenue 54, Alpaugh, California whose Assessor’s Parcel Number is 311-230-004.  Instruct the County Administrative Officer, or his designee, to publish the Notice of Intent to Purchase Real Property once a week for three consecutive weeks pursuant to Government Code §25350 and §6063.

14.         Accept the Strathmore Library Remodel Project at 19646 Road 230, Strathmore, as a completed project.  Approve an amendment to Agreement No. 26691 with Dale Atkins Contractor by increasing the contract amount by $23,486.37 and increasing the days of construction by 30 calendar days.  Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion and Agreement Amendment, subject to review and approval as to form by County Counsel.  Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the subject project with the office of the Tulare County Recorder.

15.         Approve an amendment to Agreement No. 26340 with Pacific States Environmental Contractors, Inc. to increase the contract amount by $670,820.67 from $3,681,034 to $4,351,854.67 for the Harmon Field Low Temperature Thermal Desorption Soil Remediation Project.  Authorize the Chairman to sign the agreement modification, subject to review and approval as to form by County Counsel.

Health & Human Services Agency

16.         Reaffirm the Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.

17.         Approve amendments to the following agreements to update the Exhibits and extend the termination date for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to January 1, 2015 through June 30, 2016:  25519 with Pixley Union School District; 25529 with Sunnyside Union Elementary School District; and 25584 with Tulare Joint Union Hight School District.  Find that the Board had authority to enter into the proposed amendments as of January 1, 2015, and that it was in the County’s best interest to enter into the amendments on that date.

18.         Approve an agreement with Unilab Corporation d.b.a Quest Diagnostics in the amount of $108,900 per year not to exceed a total amount of $326,700 for the provision of clinical laboratory services, retroactive to July 1, 2014 through June 30, 2017.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

19.         Approve the Confidentiality Agreement for Public Water System Well, Surface Water Intake, and Treatment Facility Location Records between the California Department of Public Health, Division of Drinking Water and Environmental Management and the County of Tulare.

Probation

20.         Authorize the submission of an application for grant funding to the California Office of Traffic Safety for Intensive Probation Supervision for High Risk Felony and Repeat Driving Under the Influence Offenders for the period of October 1, 2015 through September 30, 2016.  Authorize the Chairman’s signature on the application and all grant application documents necessary to secure grant funds.

Resource Management Agency

21.         Approve an agreement with Dokken Engineering in the amount of $436,711 to provide Professional Engineering Services for the Avenue 416 Widening Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

22.         Approve an agreement with the State of California, Department of Transportation for reimbursement of transit operating expenses in the amount of $220,000, retroactive to July 1, 2013 through March 31, 2015.   Find that the Board had the authority to enter into the agreement as of July 1, 2013, and that it was in the County’s best interest to enter into the agreement on that date.

23.         Authorize the filing of one Notice of Partial Non-Renewal for the following Land Conservation Contract as provided in the Williamson Act. The request fulfills conditions resulting from one lot line adjustment:  PNR 14-029 – Williamson Act Contract No. 4326, Ag Preserve No. 1431 (Mulholland) located at the northeast corner of Avenue 464 and Road 128 (1.33 acres from 234.71 acres to be non-renewed as a condition of PLA 14-047); 233.38 acres subject to contract amendment.

24.         Authorize the filing of Notices of Partial Non-Renewal for three Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from one lot line adjustment project and two tentative parcel map projects.  PNR 14-026–Williamson Act Contract No. 5173, Ag Preserve No. 2068, located on the southwest corner of Road 188 and Avenue 184, approximately 1.7 miles southwest of Plainview (Henfer) (1.20 acres (1.49 gross acres) to be non-renewed as a condition of PPM 14-016) (40 acres are subject to contract amendment).  PNR 14-027–Williamson Act Contract No. 4107, Ag Preserve No. 0995, located on the west side of Road 80, approximately a 2,000 feet south of Avenue 408, south of Dinuba (Elrich) (1.39 acres to be non-renewed as a condition of PPM 14-015) (31.82 acres are subject to contract amendment).  PNR 14-028–Williamson Act Contract No. 2566, Ag Preserve No. 0168, located on the east side of Road 96, approximately 1/2 miles north of Avenue 160, south of Tulare (3.15 acre to be non-renewed as a condition of PLA 14-014) (160 acres is subject to contract amendment).

25.         Authorize new office hours for the Permit Center at the Resource Management Agency at the Visalia Government Plaza to be open on Fridays from 9:00 a.m. to 11:00 a.m., effective January 30, 2015.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

26.         Request from Health and Human Services Agency to acknowledge those Tulare County Restaurants and Retail Food Establishments who have attained the Certificate of Excellence in Food Safety Award during the past year.

27.         Presentation given by Kleinfelder, Inc. to approve and accept the proposed Mooney Grove Park 20 Year Conceptual Master Plan.  Provide direction to staff regarding implementation of the recommendations contained in the Mooney Grove Park 20 Year Conceptual Master Plan.  Approve the Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines [General Rule Exemption per Section 15061(b)(3)] for the proposed Tulare County Regional Bicycle Transportation Plan.  Direct the Environmental Assessment Officer, or designee, of the Tulare County Resource Management Agency to file the appropriate exemption with the Tulare County Clerk.

 (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 WTIH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Board of Supervisors Agenda Item today pertaining to Marilu Lopez’s appeal of denial of renewal of adult-oriented business license.

 

ITEM B 

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Presentation to Approve the Proposed Mooney Grove Park 20 Year Conceptual Master Plan and the Categorical Exemption under the California Environmental Quality Act.  See Board of Supervisors agenda January 27, 2015.

 

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

 

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

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

Name of Case:  Edgar Villalobos v. County of Tulare

Workers’ Compensation Appeals Board Case No.  ADJ887814

 

ITEM E

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6) 

Agency Designated Representative: Rhonda Sjostrom, Jean Rousseau 

Employee Organization: All Certified Employee Organizations 

Unrepresented Employees: All Unrepresented Employees except Elected

 

Ne