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

 

March 10, 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.             Present Proclamation to adopt a resolution proclaiming March 2015 as Social Work Month in Tulare County.

3.             Public Comments.

 

(Consent Calendar)

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.

 

Board of Supervisors

4.            Reappoint Joanne Ledbetter, Historical Society Member to the Tulare County Museum Board for a term ending February 3, 2018.

5.            Appoint Julieta Martinez, County Public Member to the City of Exeter Redevelopment Successor Agency Oversight Board, the City of Farmersville Redevelopment Successor Agency Oversight Board, and the City of Lindsay Redevelopment Successor Agency Oversight Board to serve at the pleasure of the Board.

County Administrative Office/General Services

6.            Approve and award the contract for the Government Plaza Parking Lot Expansion and ADA Parking Reconstruction Project at 5953 S. Mooney Blvd, Visalia, to the lowest responsible bidder, Seal Rite Paving & Grading, 5677 N. Fresno Street #107, Fresno, CA 93710, in the amount of $275,233.  Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract, subject to review and approval as to form by County Counsel.  Waive the minor bid irregularity of not placing the sub-contractors list in a separate sealed envelope. 

Health & Human Services Agency

7.            Approve the letter of support for Assembly Bill 171 (Irwin) funding for County Veterans Services Officers.

8.            Approve an agreement with Tulare County Superintendent of Schools, CHOICES, in the amount of $150,000 for the RESTATE Program, retroactive to September 1, 2014 through June 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of September 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

Information & Communications Technology

9.            Approve the capital asset purchase of a replacement generator in the amount of $61,000 for the radio communications and business continuity site (building 342).

Resource Management Agency

10.         Approve the designation of a One-Way STOP controlled intersection at Avenue 336 and Road 204 located southwest of Woodlake.  Authorize the installation of a STOP sign on Avenue 336 at the intersection of Road 204 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.

11.         Approve the designation of a One-Way STOP controlled intersection at Chelsea Way and Avenue 174 (Linda Vista Avenue).  Approve the designation of a One-Way STOP controlled intersection at Shelly Lane and Road 232 (Newcomb Street).  Approve the designation of a One-Way STOP controlled intersection at Chelsea Way and Road 232 (Newcomb Street).  Authorize the installation of a STOP sign at the intersections on Chelsea Way at Avenue 174 (Linda Vista Avenue), on Shelly Lane at Road 232 (Newcomb Street), and on Chelsea Way at Road 232 (Newcomb Street), located near Porterville, in accordance with the provisions of sections 2B.04 and 2B.06 of the 2014 California Manual on Uniform Traffic Control Devices and section 22450(c) of the California Vehicle Code.

12.         Approve the designation of a Multi-Way STOP Control at the intersection of Avenue 280 (Caldwell Avenue) and Road 92 (Shirk Road), located west of the City of Visalia, as a controlled intersection.  Authorize the installation of STOP signs on Avenue 280 (Caldwell Avenue) at the intersection of Road 92 (Shirk Road) in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

13.         Approve the designation of a Multi-Way STOP Control at the intersection of Diagonal 113A (Klindera Avenue) and Diagonal 105 (Evans Road), located in the community of Tipton, as a controlled intersection.  Authorize the installation of STOP signs on Diagonal 113A (Klindera Avenue) at the intersection of Diagonal 105 (Evans Road) in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

14.         Retroactively approve the effective date of Agreement No. 8221 with Vollmer Excavation, Inc. to September 23, 2014 for the demolition of an unsafe single family dwelling and authorize payment in the amount of $7,087.  Find that the County’s Purchasing Agent had authority to enter into the agreement as of September 23, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

15.         Accept the Medical Marijuana Interim Ordinance Report.

Sheriff/Coroner

16.         Approve a Memorandum of Understanding between Tulare County Sheriff’s Department and the State of California Campaign Against Marijuana Planting Program to provide task force services for the period of July 1, 2015 through October 15, 2015. 

17.         Ratify and approve an agreement with the U.S. Department of Justice, Drug Enforcement Administration and the Organized Crime Drug Enforcement Task Force in the amount of $5,000 to provide investigations assistance, retroactive to the effective date upon signature of both parties and remaining in effect through September 30, 2015.  Find that the Board had the authority to enter into the proposed agreement as of the effective date, and that it was in the County’s best interest to enter into the agreement on that date.  Ratify the Chairman’s signature on the agreement.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

18.         Request from Health & Human Services Agency to approve the submission of a grant application, upon completion, to the United States Department of Agriculture for construction of a new well in the Porterville area.  Authorize the Director of Emergency Services to send a letter of commitment to the City of Porterville to fund the new well.  Authorize the Director of Emergency Services to negotiate the terms of an agreement with the City of Porterville for all costs associated with the new well, in an amount not to exceed $1,600,000.

19.         Request from Resource Management Agency to approve the General Plan Initiation (GPI 15-001) to allow the 2015 Tulare County Housing Element Update to proceed as a General Plan Amendment.

20.         Request from Resource Management Agency to deny the approval of the Cooperative Agreement with the California High Speed Rail Authority or continue to a date certain the meeting to consider further the proposed Cooperative Agreement with the California High Speed Rail Authority.

 (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: 1

Award the contract for the Government Plaza Parking Lot Expansion and ADA Parking Reconstruction Project

 

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property Descriptions: 5300 W. Tulare Avenue, Visalia, CA

Agency Negotiator:  Jean Rousseau and Matt Graham

Negotiating Parties:  Weingart Foundation

Under Negotiation:  Price and Terms of Payment

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  Van Valkenburg vs. COT, et al.

Tulare County Superior Court Case No. 11-243113

 

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  Santiago Orosco v. County of Tulare

Workers' Compensation Appeals Board No.:  ADJ1828111

 

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  Lawana Stafford v. County of Tulare

Workers' Compensation Appeals Board No. FRE 0167615

 

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  SEIU Local 521 v. County of Tulare

PERB Charge No. SA-CE-748-M

 

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Department of Fair Employment and Housing Complaint No.: 467318-143781

 

 

 

ITEM H

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