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 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.             Board of Supervisors matters.

2.             Presentation given by Kevin Elliott, Forest Supervisor, Sequoia National Forest regarding an update on the forest.

3.             Present Proclamation adopting a resolution proclaiming the first full week of April 2015 to be “Healthy Tulare County Week” coinciding with National Public Health Week and incorporating the national theme of Healthiest Nation 2030 into “Healthy Tulare County Week” as Healthiest Community 2030.

4.             Presentation to adopt a resolution proclaiming April 2015 as "Child Abuse Prevention Month" in Tulare County.

5.             Public Comments.

 

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 27)

 

 

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

6.            Approve the reduction of budgeted capital asset purchases from three (3) vehicles to two (2) vehicles.  Approve additional spending authority of $5,787.40 to cover higher unanticipated cost of the two remaining vehicles budgeted for Fiscal Year 2014/2015.

7.            Approve an amendment to Agreement No. 26679 with the California Department of Food and Agriculture, providing additional State subvention in the amount of $68,493.61 to offset additional costs of detection and suppression of Glassy-winged Sharpshooter.  Find that the Board had authority to enter into the proposed amended Agreement as of July 1, 2014, 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).

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

8.            Approve the request by the listed Special Districts to change from odd- to even-numbered year elections, with the election to be consolidated with the General Election in 2016. 

Alpaugh Irrigation District

 

Paterson Tract Community Services District

Alpine Village Sequoia Crest Community Svs District

 

Saucelito Irrigation District

Delano-Earlimart Irrigation District

 

Southern Tulare Memorial District

Ducor Irrigation District

 

Tea Pot Dome Water District

Earlimart Public Utility District

 

Teviston Community Services District

Ivanhoe Memorial District

 

Three Rivers Memorial District

Lemon Cove Sanitary District

 

Tulare Irrigation District

Orange Cove Irrigation District

 

Vandalia Water District

 

9.            Approve request of the Hope Elementary School and the Palo Verde Elementary School Districts to change from odd- to even-numbered year elections, with the election to be consolidated with the General Election.

Board of Supervisors

10.         Ratify the following Proclamations:  Honoring Susan Burley for her many years of service and dedication to the Tulare City School District; and Honor of Suffragan Bishop Robert T. Douglas, Sr., Phd.

County Administrative Office/Capital Projects/General Services

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

12.         Approve sending a letter of support for Senate Bill 5 (Vidak) which exempts categories of persons or entities from inclusion under California’s market based program to reduce carbon emissions commonly known as “Cap and Trade.”  Approve sending a letter of support for Senate Bill 61 (Hill) which continues and expands the “Ignition Interlock Devices for Driving Under the Influence Offenders” pilot program.  Approve sending a request for an additional $30.2 million in funding for relative and foster parent recruitment, retention, and support.  Approve sending a request for an additional $30 million in funding for the CalWORKS Housing Support Program.  Approve sending a request for an additional $5 million in funding for Adult Protective Services Program training.

13.         Approve the necessary budget adjustments for reconfiguration and carpet improvements to the Health and Human Services Agency Processing Center (4/5ths vote required).

14.         Accept a portion of the Irrevocable Offer to dedicate real property along the north side of Avenue 152 at Road 208 described as the north 12 feet of the south 42 feet of Parcel’s 3, 4 and Remainder Parcel that was offered for dedication on Parcel Map No. 4201 per Parcel Map recorded in Book 43 of Parcel Maps at Page 5 on February 28, 1995 in the office of the Tulare County Recorder.  Direct the Clerk of the Board to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder.

15.         Approve a Building Space Lease Agreement between the County of Tulare and the Department of General Services, State of California, and the Department of Forestry and Fire Protection, State of California, for office, apparatus and storage space located at 1968 South Lovers Lane in the City of Visalia, effective April 1, 2015 through March 31, 2020.  Approve the Department of General Services, State of California, $2,000 administrative fee for lease preparation services.  Direct the Clerk of the Board to return the signed lease agreement to Property Management for transmittal to and execution by the Department of General Services, State of California, and the Department of Forestry and Fire Protection, State of California.

Fire Department

16.         Approve a resolution identifying the terms and conditions for out of County Mutual Aid when the Tulare County Fire Department is assigned to an emergency incident outside their jurisdiction, as recognized in the California Fire Assistance Agreement.  Find that personnel shall be compensated according to Memorandum of Understanding (MOU), Personnel Rules and Regulations, and/or other directive that identifies personnel compensation in the workplace.  Find that in the event a personnel classification does not have an assigned compensation rate, a “Base Rate” as set forth in an organizational policy, administrative directive or similar document will compensate such personnel.  Find that the Tulare County Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “base rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division.  Find that personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response.  Find that fire department response personnel include: Fire Chief, Division Chief, Battalion Chief, Fire Captain, Fire Lieutenant, Fire Engineer, Firefighter, and Non-Fire Suppression employees.

17.         Approve an agreement with the City of Reedley for Cooperative Fire Protection, retroactive to January 1, 2015 and shall terminate 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

18.         Accept the award for funding in the amount of $137,495 from the California Department of Public Health, Tuberculosis Control Branch, to support tuberculosis prevention and control, retroactive to July 1, 2014 through June 30, 2015.  Find that the Board had authority to accept the award as of July 1, 2014, and that it was in the County’s best interest to accept the award on that date.

19.         Approve an amendment to Agreement No. 26855 with Tulare County Superintendent of Schools to increase the original amount of $3,000,000 by $1,500,000 to a maximum amount not to exceed $4,500,000 for the provision of mental health services to Tulare County adolescents and children, effective upon signature through June 30, 2015.

20.         Approve an agreement with Laboratory Corporation of America for use of the Laboratory Data Management System, retroactive to January 29, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of January 29, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Probation

21.         Accept Fiscal Year 2013/14 Realignment Legislation (AB109) growth funding in the amount of $1,396,211.  Approve distribution of Fiscal Year 2013/14 AB109 growth funding.  Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

22.         Introduce and waive the first reading of an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZ 13-005 (Jack Griggs, Inc.) to change the zone on 10.5 acres from AE-40 to “O”, north of Lemon Cove.  Set the Public Hearing for April 7, 2015 at 9:30 a.m. or shortly thereafter as can be heard.

23.         Approve the necessary budget adjustment for the Housing Related Parks Program Grant in the amount of $527,800 (4/5th vote required).

24.         Approve the advertisement of the Request for Preparation of Proposals for Complete Streets 30% preliminary level designs for the Phase 2 Ducor, Strathmore, Earlimart, Tipton, Cutler, and Orosi Community Planning Areas.

Sheriff/Coroner

25.         Approve a grant application to the Board of State and Community Corrections for up to $223,114 in funding under the Residential Substance Abuse Treatment and State Prisoners Program for the period of July 1, 2015 through June 30, 2016.  Agree that no funds from the Residential Substance Abuse Treatment and State Prisoners Program will be used to supplant expenditures controlled by the Board.  Agree to provide all required matching funds for the grant project.  Agree to abide by the statutes and regulations governing the Residential Substance Abuse Treatment and State Prisoners Program as well as the terms and conditions of the grant agreement as set forth by the Board of State and Community Corrections.

26.         Accept a grant for $715,000 from the Board of State and Community Corrections to operate the Closing the Circle to Reduce Crime and Delinquency Program, retroactive to March 1, 2015 through December 31, 2015.  Find that the Board had authority to enter into the grant agreement as of March 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.  Approve a Personnel Resolution to increase the position allocations of the Sheriff’s Department by adding two Deputy II positions, and the Public Defender’s Office by adding two Social Workers for the Closing the Circle to Reduce Crime and Delinquency Program, retroactive to March 1, 2015.  Approve the necessary budget adjustments (4/5ths vote required).

Workforce Investment Board

27.         Approve the Workforce Investment Board of Tulare County Initial Local Area Designation and Local Board Certification Application.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.         Request from the County Administrative Office to receive input and provide direction regarding the Federal and State legislative priorities for the 2015 Legislative Sessions.

29.         Request from Resource Management Agency to approve the proposed reorganization of the Planning and Public Works Branches.

30.         Request from Resource Management Agency to approve the following position changes:

Approve the reclassification of two Planner IV positions to Chief Planner positions; and

Approve the new Land Surveyor I-IV job classification series; and

Approve amending the position to retitle Chief Engineer – Assistant County Surveyor to Chief Engineer; and

Approve amending the position to retitle Assistant Director RMA-Administration Community Development to Assistant Director RMA-Administration, and

Approve amending the position to retitle Assistant Director RMA-Planning & Community Development to Assistant Director RMA-Economic Development & Planning, and

Approve the addition of one Planner III position; and

Approve the addition of one Staff Services Analyst III; and

Approve the deletion of two Planner II positions; and

Approve the deletion of one Animal Facilities Planner; and

Approve the deletion of one Grants Manager; and

Approve the deletion of three Engineering Technician II positions.

 

 (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 REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property Descriptions: 5911 South Mooney Blvd., Visalia

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Golden State YMCA

Under Negotiation: Price and Terms of Payment

 

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

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

Name of Case:  Tiffany White v. County of Tulare, et al.

Tulare County Superior Court Case No. VCU256679

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

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

Name of Case: Larry Miller v. County of Tulare

WCAB No's: ADJ6812648 and ADJ7495913

 

ITEM D

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 E

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