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

 

April 7, 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 declare the week of April 19 through April 25, 2015 as Crime Victims’ Rights Week in Tulare County.

3.             Request from Kuyler Crocker, Pacific Gas & Electric, to adopt a resolution proclaiming April 2015 as California Safe Digging Month.

4.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.            PUBLIC HEARING:  Request from Resource Management Agency to accept the General Rule Exemption as the appropriate environmental determination consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines pursuant to Title 14, Cal. Code Regulations Section15061(b)(3), pertaining to CEQA applies only to projects which have the potential for causing a significant effect on the environment.  Direct the Environmental Assessment Officer, or designee, to file a Notice of Exemption with the Tulare County Clerk as provided by CEQA.  Accept the findings as set forth in Planning Commission Resolution No. 9044 and approve Zone Change No. PZ 13-005.  Waive the final reading and adopt 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 (Exclusive Agriculture-40 acres minimum) to O (Recreation), north of Lemon Cove.  Direct the Clerk of the Board to publish the adopted Ordinance and amended Zoning Map.

 

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 31)

 

 

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 an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $126,145 to offset costs of providing European Grapevine Moth detection trapping services, retroactive to February 1, 2015 through December 31, 2015.    Find that the Board had authority to enter into the proposed agreement as of February 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Board of Supervisors

7.            Ratify Proclamation honoring Jimi Valov as the 2015 Tulare Kiwanis Farmer of the Year.

8.            Reappoint Richard L. Schafer, District 5 to the Tulare County Water Commission for a term ending April 30, 2017.

9.            Reappoint Cynthia Dias, District Consumer to the Community Health Center Board for a term ending April 18, 2019.

10.         Authorize the submittal of a grant application for Step Up seeking funding in an amount not to exceed $150,000 from the First 5 Tulare County 2015 Planning Grant to develop a program to assist teenage parents and their children.

11.          Adopt the 2015 Step Up Strategic Plan.

County Administrative Office/General Services

12.         Approve sending a letter of support for Assembly Bill 857 (Perea) which, between 2018 and 2023, increases the funding available to support early deployment of existing zero- and near-zero emission heavy-duty truck technology through the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program to the greater of 80% or $100,000,000 of the moneys appropriated for the Program.

13.         Approve sending a letter of support for Assembly Bill 954 (Mathis) which would establish a pilot program to provide low interest loans and grants to eligible applicants for specified purposes relating to drinking water and wastewater treatment.  Approve sending a letter of support for Assembly Bill 957 (Mathis) which would add criteria to the existing factors considered under the competitive project analysis for water recycling and advanced treatment technology projects.

14.         Approve and authorize the capital asset purchase of five vehicles in the amount of $201,000 and increase the existing budget for these capital asset purchases.  Authorize the necessary budget adjustments (4/5th’s vote required).

15.         Approve and authorize the capital asset purchase of a 12 passenger van in the amount of $33,569.05 and increase the existing budget for this capital asset purchase.

16.         Approve an amendment to Agreement No. 20156 with Visalia/Noble Associates, LLC for property located at 4025 and 4031 W. Noble in the City of Visalia for electrical/data work.

17.         Approve an amendment to Lease Agreement No. 21029 with John F. George and Donna Taber George for upgrades of the office space located at 26644 S. Mooney Blvd, Building B, Visalia, CA.

District Attorney

18.         Ratify and approve the Grant Award & Authorization Form for acceptance of grant funding in the amount of $6,421 from the California Environmental Protection Agency, retroactive to October 1, 2014 through September 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of October 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.  Ratify and approve the Assistant District Attorney’s signature on the agreement.  Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

19.         Approve the capital asset purchase of a commercial washer and dryer, Dexter T-900 Washer, base for washer and Dexter T-80 Dryer in an amount not to exceed $16,000.  Approve the necessary budget adjustments (4/5ths vote required).

20.         Approve the capital asset purchase of an additional vehicle for the Office of Emergency Services in an amount not to exceed $45,000. Approve the capital asset purchase of (2) mobile radios and (1) portable radio in an amount not to exceed $20,000.  Approve the necessary budget adjustments (4/5ths vote required).

21.         Authorize the Tulare County Director of Mental Health and Tulare County Auditor/Controller to sign the County Certification and submit the Mental Health Services Act, Integrated Components Plan Update for Fiscal Year 2013/2014 to the Department of Health Care Services and Mental Health Services Oversight and Accountability Commission.

22.         Approve amendments 3 & 4 to Agreement No. 17621 with Netsmart Technologies, Inc., for the purchase of additional licenses for the Avatar software and hosting of the additional users per month to utilize the County's electronic health records, in an amount not to exceed $271,110, retroactive to April 1, 2015 through December 31, 2015.  Find that the Board had authority to enter into the proposed amendments as of April 1, 2015, and that it was in the County’s best interest to enter into the amendments on that date.

23.         Approve an amendment to Agreement No. 25618 with the Porterville Unified 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 to January 1, 2015 through June 30, 2016. Find that the Board had authority to enter into the proposed amendment as of January 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

24.         Approve an amendment to Agreement No. 25654 with Netsmart Technologies, Inc. to add additional users to utilize the InfoScriber e-Prescribing module, in an amount of $4,416 per year, retroactive to April 1, 2015 through December 31, 2017.  Find that the Board had authority to enter into the proposed amendment as of April 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

25.         Ratify and approve an agreement with the California Water Service Company for purchase of water for the Household Tank Program, retroactive to March 17, 2015.  Find that the Board had the authority to enter into the Agreement as of March 17, 2015, and that it was in the County’s best interest to do so on that date.

Information & Communications Technology

26.         Approve an amendment to Agreement No. 26961 with Verint Americas Inc. to add the County as an additional insured to Verint’s General Liability Policy.

Resource Management Agency

27.         Approve the Annual Hell of a Half Marathon to be held each year in and near the City of Exeter with temporary closure of roadways.  Approve the Annual Hell of a Half Marathon to be an on-going event for future years until such time as conditions of the event and/or event route change.

Retirement

28.         Approve and adopt the recommended employer and employee retirement contribution rates from TCERA’s actuary effective with the pay period of the fiscal year beginning July 1, 2015 (pay period 15, 2015).

Sheriff/Coroner

29.         Approve a capital asset purchase of two mascot suits for youth outreach campaigns not to exceed $12,000.  Authorize the Purchasing Agent to disburse $6,000 of the purchase price to the vendor as a deposit for the purchase.  Authorize the necessary budget adjustments (4/5ths vote required).

30.         Approve the capital asset purchase of a GMC pickup truck in an amount not to exceed $45,000.  Authorize the necessary budget adjustments (4/5ths vote required).

Solid Waste

31.         Approve an agreement with the City of Porterville to coincide with the Pena’s Disposal Waste Disposal Agreement to provide a more predictable Enterprise Fund revenue stream, retroactive to August 1, 2014 through July 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of August 1, 2014, and that it is 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

32.         Request from the County Administrative Office to receive the Mid-Year Budget Report for Fiscal Year 2014/15.  Approve proposed schedule for preparation and adoption of the Fiscal Year 2015/16 budget, which incorporates a rollover budget as the operating budget (including the Capital Projects budget) for the period between July 1, 2015 and adoption of the 2015/16 budget (4/5ths vote required).  Adopt the Personnel Resolution to add, reclassify, delete, and amend positions; and approve the required job specifications and salary increases stemming from the Mid-year Report.  Authorize the Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County Administrative Officer, to process any budget adjustments stemming from the Mid-year Report (4/5ths vote required).

 (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

Amendment to the Tulare County Zoning Ordinance No. 352 for Zone Change No. PZ 13-005 Jack Griggs, Inc.

 

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

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

Name of Case: County of Tulare v. Floyd and Gail Kampen, et al. 

Tulare County Superior Court Case No. 11-244707

 

ITEM C

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 and Family FOCUS

Under Negotiation:   Price and Terms of Payment

 

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property Descriptions:  APN: 012-060-010 (NW Corner of Ave 416 and Road 48)

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Wawona Packing Co. LLC, Robert E. Smittcamp and Janell Boldt

Under Negotiation:   Price and Terms of Payment

 

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

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

Name of Case:  Joel Ramirez vs. County of Tulare, et al.

U.S. District Court No. 14-cv-01414

 

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 – INITIATION OF LITIGATION

Details

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

Number of Potential Cases: 1

 

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