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

 

February 24, 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.             Recognize Greg Wright upon his retirement from the Sheriff's Department for his many years of County service.

2.             Board of Supervisors matters.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from Solid Waste Department to approve the proposed Sludge and Mattress Tipping Fees, effective March 1, 2015.  Find that these fees are for the purpose of recovering the recycling and operational costs associated with accepting sludge for disposal in the landfill, and accepting and recycling mattresses, including future capital for new landfill cells and funding closure/post-closure reserves of the Solid Waste Department.  Find that consideration and approval of the fees is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code § 21980(b)(8), and the State CEQA Guidelines (Tolls, Fares, and Charges Exemption per § 15273).  Approve the CEQA Notice of Exemption and direct the Tulare County Environmental Assessment Officer, or designee, to file the appropriate exemption with the Tulare County Clerk.

5.            PUBLIC HEARING:  Request from Resource Management Agency to conduct a public hearing to find based on substantial evidence in the record that the analysis presented in the Finding of Consistency for the Porterville Area Community Plan 2015 Update inclusive of GPA 14-008, City of Porterville Development Standards and Master Plans for sewer, water and storm drain facilities has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970 for the reasons discussed in Planning Commission Resolution No. 9028, incorporated as if set forth in full by this reference.  Adopt the Finding of Consistency for the Project with the adopted/certified City of Porterville 2030 General Plan EIR (State Clearinghouse Number 2006011033) and Statement of Overriding Considerations, as set forth as Attachments Fand G as specified in Section 15168(c)(2) of the State CEQA Guidelines set forth as recommended in the Planning Commission in Resolution 9028.  Direct the Environmental Assessment Officer of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk.  Adopt a General Plan Amendment (GPA 14-008) to the Porterville Area Community Plan, consisting of amendments to the Land Use, Planning Framework (Urban Boundaries), Transportation and Circulation, and Environmental Resources Management Elements (Part I); The Foothill Growth Management Plan (Part II), and the Porterville Plan of Part III (Porterville Area Community Plan).  Adopt the City of Porterville Development Standards for the unincorporated area around the City of Porterville, Porterville Area County Adopted City Urban Development Boundary as set forth in Attachment E as Appendix D in the Porterville Area Community Plan 2015 Update, as an exception to the County Improvement Standards as recommended in the Planning Commission in Resolution 9029 and incorporated as if set forth in full by this reference.   Adopt the City of Porterville’s Master Plans for sewer, water, and storm drain facilities, as set forth in Attachment E as Appendix D in the Porterville Area Community Plan 2015 Update and incorporated as if set forth in full by this reference.  Determine that the Tulare County Board of Supervisors will independently review and exercise its discretion when considering any subsequent Porterville Development Standards and City Master Plans Updates proposed by the City of Porterville.

 

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 47)

 

 

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

6.            Approve a capital asset purchase of the WinEDS Server in the amount of $70,000 to allow the Elections Division to count and report vote totals on Election night.  This will replace the current server.  Authorize the County Purchasing Agent to execute all purchase orders and agreements necessary to complete the purchase and installation.  Approve the necessary budget adjustments (4/5ths vote required).

7.            Approve a capital asset purchase of (2) EIMS Servers in the amount of $60,000 for the Elections Division to use during the Voter Registration and Candidate filing.  This will replace the current servers.  Authorize the County Purchasing Agent to execute all purchase orders and agreements necessary to complete the purchase and installation.  Approve the necessary budget adjustments (4/5ths vote required).

8.            Approve a request by the City of Visalia to change from odd to even numbered year elections, with the election to be consolidated with the General Election.

9.            Approve request by the Three Rivers Community Services District to change from odd to even numbered year elections, with the election to be consolidated with the General Election.

10.         Approve request by the Exeter Irrigation District to change from odd to even numbered year elections, with the election to be consolidated with the General Election.

Board of Supervisors

11.         Cancel the Board of Supervisors regularly scheduled meeting on March 3, 2015.

12.         Ratify the following Proclamations:  declaring January 2015 as National Mentoring Month in Tulare County; and honoring the "One Billion Rising: Visalia Rises" movement in Tulare County.

13.         Appoint Timberly Romero, Community Representative to the Tulare County Council on Child & Youth Development for a term ending June 30, 2016.

14.         Appoint Anthony Olivares, Community Partner to the Health Advisory Committee for a term ending February 1, 2016.

15.         Reappoint Tim Peltzer, Director to the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2018.

16.         Reappoint Derek C. Williams, Industry/Agriculture to the San Joaquin Valley Air Pollution Control District Citizens Advisory Committee for a term ending January 31, 2018.

17.         Reappoint Vincent Salinas, Mutually Selected Member to the Tulare County Indian Gaming Local Community Benefit Committee for a term ending January 1, 2019.

County Administrative Office/General Services

18.         Ratify actions taken by the County Administrative Officer during the month of January 2015 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

19.         Approve an agreement with Jay W. Powell, Inc. to provide conflict public defender services in the amount of $195,292.47 per month for the period of March 1, 2015 through December 31, 2015.

20.         Approve an agreement for Purchase of Fee Title and a Temporary Construction Easement with Yvonne M. Hanson for the Avenue 416 Road Widening Project in the amount of $4,000.  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 $5,500.00.

21.         Approve a second amendment to Agreement 24777 with ABM Janitorial Services for janitorial services to extend the term of the Agreement in County facilities located outside of the County seat retroactive to January 1, 2015 to June 30, 2015 in the amount of $43,807 per month, subject to County Counsel approval as to form.  Find the Board of Supervisors had the authority to enter into the proposed amendment to the agreement as of January 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

22.         Approve an agreement with DLR Group to provide Architecture and Engineering Services for the South County Detention Facility in an amount not to exceed $3,256,100, retroactive from October 14, 2014 through June 30, 2018, subject to County Counsel approval as to form.  Find that the Board had authority to enter into the proposed agreement as of October 14, 2014 and that it was in the County’s best interest to enter into the agreement on that date.

Fire Department

23.         Approve an agreement with the City of Dinuba for Cooperative Fire Protection, retroactive to January 1, 2015 through January 1, 2017.  Find that the Board had the authority to enter into the proposed agreement as of January 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Health & Human Services Agency

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

25.         Approve an agreement with Kaweah Delta Health Care District for a graduate medical education program, retroactive from August 25, 2014 through August 24, 2015. Find that the Board had authority to enter into the proposed agreement as of August 25, 2014 and that it was in the County’s best interest to enter into the agreement on that date.

26.         Approve an agreement between Tulare County Health and Human Services Agency and the University of California, Berkeley Optometric Eye Center, in the amount of $25,000, for the provision of Diabetic Retinopathy Screening, equipment, and software, retroactive to March 1, 2014 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of March 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

27.         Approve an amendment to Agreement No. 26334 with Family Health Care Network for the NEOP program, retroactive to October 8, 2013 through September 30, 2016 to promote increased fruit and vegetable consumption and physical activity among SNAP-Ed eligible population in an amount not to exceed $195,000.  Find that the Board had the authority to enter into the proposed amendment as of October 8, 2013, and that it was in the County’s best interest to enter into the amendment on that date.

28.         Approve an amendment to Agreement No. 26335 with Kaweah Delta Foundation for the NEOP program, retroactive to October 8, 2013 through September 30, 2016, to promote increased fruit and vegetable consumption and physical activity among SNAP-Ed eligible population in an amount not to exceed $180,000. Find that the Board had the authority to enter into the proposed amendment as of October 8, 2013, and that it was in the County’s best interest to enter into the amendment on that date.

29.         Approve an amendment to Agreement No. 25022 with Sundale Union Elementary School District and an amendment to Agreement No. 25526 with Burton Elementary School District to update the exhibits and extend the termination date for Tulare County Health & Human Services, 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 from January 1, 2015 through June 30, 2016. 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.

30.         Approve the Tulare County Child Care Planning and Development Council Certification Statement for 2015.

Information & Communications Technology

31.         Approve the Statement of Work with SC Communications in the amount of $164,267.51 for parts and service to bring six of our radio sites into compliance with Motorola’s R56 grounding standards.

Probation

32.         Approve an amendment to Agreement No. 26491 with BI Incorporated for the sole source purchase of 25 additional electronic monitoring devices and required telecommunication service in the amount of $65,653.  Authorize the Purchasing Agent to waive the bid process and make the sole source purchase.

Resource Management Agency

33.         Affirm the Annual Rocky Hill Triathlon, to be held each year in and near the City of Exeter.  Affirm the Rocky Hill Triathlon to be an on-going event for future years until such time as conditions of the event and/or event route change.

34.         Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Asphalt Concrete Overlay Projects at the following locations: 1) Avenue 56 from SR43 to Road 96, Alpaugh. 2) Avenue 256 from Road 180 to Road 188, Exeter. 3) Monson Drive from Avenue 384 to Road 104, Dinuba. 4) D238 from Avenue 124 to Teapot Dome Avenue, Porterville and 5) Success Drive from Park to Conner Street, Porterville.  Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk.  Approve the Plans, Special Provisions, Proposal, Contract (“Bid Documents”), and Advertisement for Bids for the construction of the Asphalt Concrete Overlay Projects at the following locations:  1) Avenue 56 from SR43 to Road 96, Alpaugh. 2) Avenue 256 from Road 180 to Road 188, Exeter. 3) Monson Drive from Avenue 384 to Road 104, Dinuba. 4) D238 from Avenue 124 to Teapot Dome Avenue, Porterville and 5) Success Drive from Park to Conner Street, Porterville.  Authorize the Chairman of the Board of Supervisors to sign the Plans.

35.         Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (General Rule Exemption per Section 15061(b)(3)) for the Reservation Road (M137, Porterville) Safety Improvement Project.  Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk.  Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the Reservation Road (M137, Porterville) Safety Improvements Project.  Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids of the Reservation Road (M137, Porterville) Safety Improvements Project.

36.         Approve the designation of a One-Way STOP controlled intersection at Road 28 and Avenue 408, east of the City of Kingsburg; and authorize the installation of a STOP sign in accordance with the provisions of Section 2B.06 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

37.         Approve the designation of a Two-Way STOP at the intersection of Local Road 127D (Sierra View Road) and Avenue 320, north of the City of Visalia, as a controlled intersection; and authorize the installation of STOP signs in accordance with the provisions of Section 2B.06 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

38.         Approve the designation of a Two-Way STOP at the intersection of Diagonal 106A (Adams Road) and Diagonal 114A (Spencer Avenue) located in the community of Tipton, as a controlled intersection; and authorize the installation of STOP signs in accordance with the provisions of Section 2B.06 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

39.         Approve the Final Map for Subdivision Tract No. 827 located at the northwest corner of Avenue 320 and Road 138, north of the City of Visalia.

40.         Accept the required public improvements of Subdivision Tract No. 813 Phase I, located at the northeast corner of Road 124 and Avenue 264, south of the City of Visalia as complete and accept the road into the County Road System.

41.         Authorize the Tulare County Film Commissioner to accept a $1,000 donation from Tenth & Hudson, Inc., a film production company, in appreciation of film-related safety and monitoring services.  Authorize the necessary budget adjustments (4/5ths vote required).

42.         Authorize the filing of a Notice of Partial Non-Renewal for the following five Land Conservation Contracts, as provided in the Williamson Act. The request fulfills a condition resulting from the approval of one tentative parcel map and one lot line adjustment.  Approve the execution of an amendment to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewal:  PNR 14-030 – Williamson Act Contract No. 4841, Ag Preserve No. 1584, located on the northeast corner of the intersection of Road 36 and Avenue 396, east of Kingsburg (Olson) (1.16 acre to be non-renewed as a condition of PPM 14-019), 20 acres in two parcels subject to contract amendment.  Williamson Act Contract No. 5830, Ag Preserve No. 1961, located on the west side of Road 48, approximately 1,280 feet north of Avenue 384, 1 ˝ miles northwest of London (G 300 Farms LLC) (60.64 acre to be amended as a condition of PLA 14-039), 60.64 acres to one parcel subject to contract amendment.  Williamson Act Contract No. 6201, Ag Preserve No. 1961, located on the west side of Road 48, approximately 1,280 feet north of Avenue 384, 1 ˝ miles northwest of London (Fruit Patch) (36.83 acre to be amended as a condition of PLA 14-039), 36.83 acres to one parcel subject to contract amendment.  Williamson Act Contract No. 6202, Ag Preserve No. 1961, located on the west side of Road 48, approximately 1,280 feet north of Avenue 384, 1 ˝ miles northwest of London (G 300 Farms LLC) (34.31 acre to be amended as a condition of PLA 14-039), 34.31 acres to one parcel subject to contract amendment.  Williamson Act Contract No. 6203, Ag Preserve No. 1961, located on the west side of Road 48, approximately 1,280 feet north of Avenue 384, 1 ˝ miles northwest of London (Balakian) (26.67 acre to be amended as a condition of PLA 14-039), 26.67 acres to one parcel subject to contract amendment.

Sheriff/Coroner

43.         Approve a capital asset purchase of three police service dogs and training not to exceed $38,500.  Authorize the necessary budget adjustments 4/5ths vote required).

44.         Approve a capital asset purchase of a storage server not to exceed $13,000 and a forensic evidence analysis workstation not to exceed $9,000.  Authorize the necessary budget adjustments (4/5ths vote required).

45.         Approve a capital asset purchase for a drying chamber in an amount not to exceed $7,500.  Authorize the necessary budget adjustments (4/5ths vote required).

46.         Rescind Board Resolution 2014-0935.  Authorize the submission of a grant application for $715,000 to the Board of State and Community Corrections, retroactive to November 24, 2014.  Find that the Board had authority to submit the application on November 24, 2014, and that it was in the County’s best interest to enter into the agreement on that date.  Authorize the Chairman to sign the grant application face sheet, grant agreement, and any amendments thereof.  Assure that grant funds received hereunder shall not be used to supplant expenditures controlled by this Board.

Solid Waste

47.         Approve an agreement with St. Vincent de Paul Society of Lane County, Inc. in the amount of $300,000 to provide mattress recycling services at Tulare County Landfills for the period of March 1, 2015 to December 31, 2015, subject to approval as to form by County Counsel.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

48.         Request from General Services to publicly consummate the purchase of a portion of the real property at 3909 Avenue 54 in Alpaugh.  Approve purchase of the subject property for a price of $12,000 and authorize the Chairman to sign the Agreement of Purchase and Sale.  Direct the County Environmental Assessment Officer, or his designee, to file a Notice of Exemption with the Clerk-Recorder.  Authorize the County Administrative Officer, or his designee, to execute all additional documents to consummate this purchase of real property.  Direct the Auditor to draw a warrant in favor of Chicago Title Company in the amount of $13,000 upon request made by the County Administrative Officer, or his designee.

 (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: 2

Public Hearing to Approve Tipping Fees, approve CEQA Statutory

Exemption; see Board of Supervisors Agenda February 24, 2015

 

 

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

Public Hearing to Approve Amendment to the Tulare County General Plan GPA 14-008- Porterville Area Community Plan 2015 Update and Development Standards and Its Consistency with the City of Porterville General Plan; Approving the California Environmental Quality Act Documents; see Board of Supervisors Agenda February 24, 2015

 

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

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

Tulare Superior Court Case No. 24906

 

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  Veal, Eric & Rebecca vs. Domingo Flores, Jr., County of Tulare, Does 1-50 

Los Angeles Superior Court No. MC024654

 

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

 

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

 

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6) 

Agency Designated Representative: Rhonda Sjostrom, Jean M. Rousseau 

Employee Organization:  All Certified Employee Organizations        

Unrepresented Employees:  All Unrepresented Employees

 

Ne