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 14, 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 proclaiming April 14, 2015 as Library Literacy Day in Tulare County, in order to make the community aware of the valuable free literacy services available to adults to improve their reading and functional literacy skills.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from Agricultural Commissioner/Sealer to approve the proposed fee schedule, effective July 1, 2015.

5.            PUBLIC HEARING:  Request from the Health & Human Services Agency to adopt the proposed fees recommended for the Health Branch – Environmental Health and Health Operations Divisions and the Mental Health Branch – Mental Health and Public Guardian Divisions for Fiscal Year 2015/2016, effective July 1, 2015.  Approve the language to allow for the temporary addition of Medicare recommended immunization and procedure fees on a conditional basis until the annual fee adjustment hearings.  Authorize the Health and Human Services Agency, Public Health to apply for the Rule for Interim Medicare health Fees beginning July 1, 2015.

 

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 33)

 

 

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 an agreement with Hinderliter De Llamas & Associates (HdL) to have access to County of Tulare’s State Board of Equalization (SBE) sales and use tax data to conduct services for the County of Tulare, retroactive to July 29, 2011.  Find that the Board had authority to enter into the proposed agreement as of July 29, 2011, and that is was in the County’s best interest to enter into the agreement on that date.

7.            Authorize the County Auditor-Controller/Treasurer-Tax Collector to be the jurisdiction contact for Sales or Transaction and Use Tax records and Use Reallocation Notifications from the California State Board of Equalization.  Authorize additional County positions: County Administrative Officer, Assistant County Administrative Officer, Resource Management Agency Director, Assistant Resource Management Agency Director - Economic Development & Planning, Sr. Administrative  Analyst, and Chief Revenue Officer to examine all of the Sales or Transactions and Use Tax records of the California State Board of Equalization pertaining to the ascertainment of those sales or transactions and use taxes  to be collected for the County of Tulare.

8.            Rescind approval on March 17, 2015 for Alta Irrigation District to change from odd- to even-numbered year election.

Board of Supervisors

9.            Ratify the following Proclamations:  honoring Luke Christian Kimball for earning the rank of Eagle Scout; and honoring Tyler Benjamin Kimball for earning the rank of Eagle Scout.

10.         Reappoint Susana De Anda, At-Large Member, and Mark Larsen, District 3 Member, to the Tulare County Water Commission for terms ending April 30, 2017.

11.         Appoint Benjamin Cordova, Resident-District 4, to the Health Advisory Committee for a term ending February 1, 2017.

12.         Appoint Darla Wegener, County Department Head, to the Museum Board.

County Administrative Office/General Services

13.         Adopt a resolution “In the Matter of Urging Congress to Enact Comprehensive Fee-to-Trust Reform that Respects Tribal Sovereignty and Recognizes Local Governments as Meaningful and Constructive Stakeholders.”

14.         Ratify actions taken by the County Administrative Officer during the month of March 2015 regarding Good Works Funding Agreements.

15.         Approve sending a letter of opposition to Assembly Bill 1347 (Chiu) which would establish a new claim resolution process applicable to all public entity contracts.

16.         Approve sending a letter of opposition to Assembly Bill 45 (Mullin) which would create new requirements related to the collection and diversion of household hazardous waste and establish individual household collection as the collection model.

District Attorney

17.         Approve an amendment to Agreement No. 26747 with the California Governor’s Office of Emergency Services to accept additional grant funding in the amount of $4,733 for the Unserved/Underserved Victim Advocacy and Outreach Program, with a match of $1,183, 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.  Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

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

19.         Accept the award for funding in the amount of $130,222 from the California Department of Public Health, Tuberculosis Control Branch, to support tuberculosis prevention and control, effective July 1, 2015 to June 30, 2016.

20.         Approve an amendment to Agreement No. 26656 with Tulare Youth Service Bureau, Inc., to increase the contract amount by $200,000 to an amount not to exceed $4,950,000 for the provision of mental health services to Tulare County adolescents and children effective May 1, 2015 through June 30, 2015.

21.         Approve an agreement with Clean Harbors Environmental Services, Inc. for pick-up and disposal of hazardous waste in the amount of $120,000, retroactive to April 1, 2015 through December 31, 2015.  Find that the Board had authority to enter into the proposed agreement as of April 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 Turning Point of Central California, Inc. for the provision of Children’s Mental Health services for TulareWORKs Welfare-to-Work participants in an amount not to exceed $859,558, retroactive to April 1, 2015 through June 30, 2016. Find that the Board had authority to enter into the proposed agreement as of April 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

23.         Approve an agreement with Ralph Agnello, Attorney at Law, in an amount not to exceed $200,000 to provide Hearing Officer Services for Certification and Riese Hearings, effective July 1, 2015 through June 30, 2016.

24.         Approve an agreement with Parenting Network, Inc. for the provision of a Differential Response Services Program in the amount of $128,352, effective July 1, 2015 through June 30, 2016.

Human Resources & Development

25.         Ratify and approve a Side Letter of Agreement between the County of Tulare and the Tulare County Deputy Sheriff’s Association (TCDSA), retroactive to March 24, 2015.  Find that the Board had authority to enter into the proposed agreement as of March 24, 2015, and that it was in the County’s best interest to enter into the agreement on that date.  Approve the Personnel Resolution to flexibly allocate the Sheriff’s Deputy I in the Court Services unit to Sheriff’s Deputy II.

Information & Communications Technology

26.         Approve the payment to A & G Telephone Service for Invoice No. 973 in the amount of $2,233.34 to provide connectivity to the Dinuba Road yard.  Find that the Board had authority to have the work done and that it was in the County’s best interest to do so.

Probation

27.         Approve an amendment to Agreement No. 25434 with Government Payment Service, Inc. (d.b.a “GovPayNet”), also known as GPS, to extend the term of the agreement for the purpose of accepting credit and/or debit card payments for the term of April 24, 2015 through April 23, 2016.

Resource Management Agency

28.         Approve the designation of a Multi-Way STOP at the intersection of Road 68 and Local Avenue 306 (Harvest Avenue), located in the community of Goshen, as a controlled intersection. Authorize the installation of STOP signs on Road 68 and Local Avenue 306 (Harvest Avenue) in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code.

29.         Approve the designation of a Multi-Way STOP at the intersection of Road 124 and Local Avenue 411C (Aceves Avenue), located southwest of Orosi, as a controlled intersection. Authorize the installation of STOP signs on Road 124 at the intersection of Local Avenue 411C (Aceves Avenue) in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code.

30.         Find that the applicant, Con Edison Development Inc., has satisfied the conditions and contingencies enumerated in the Certificate of Tentative Cancellation approved for Land Conservation Contract No. 2647 for project PAC 13-001, for 60 acres located approximately 2 miles southeast of Alpaugh. Execute the Certificate of Cancellation of Land Conservation Contract No. 2647. Direct the Clerk of the Board of Supervisors to record the Certificate in the Office of the Tulare County Recorder.

31.         Find that the applicant, Con Edison Development Inc., has satisfied the conditions and contingencies enumerated in the Certificate of Tentative Cancellation approved for Land Conservation Contract No. 2647 for project PAC 14-001, for 20 acres located approximately 2 miles southeast of Alpaugh. Execute the Certificate of Cancellation of Land Conservation Contract No. 2647. Direct the Clerk of the Board of Supervisors to record the Certificate in the Office of the Tulare County Recorder.

32.         Authorize the submission of a grant application for Fiscal Year 2014/2015 to the California Governor’s Office of Emergency Services in the amount of $108,889 for Proposition 1B funding for transit security enhancements.  Authorize the Chairman to sign the grant forms, subject to review and approval as to form by County Counsel.

33.         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 272 from Diagonal 88 to Shirk Road; 2) Avenue 256 from Road 164 to Road 180; 3) Diagonal 112A from Avenue 184 to Rankin Avenue; 4) Road 208 from Avenue 112 to Teapot Dome Avenue.  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 Asphalt Concrete Overlay Projects.  Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids of the Asphalt Concrete Overlay Projects.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

34.         Request from the County Administrative Office to consider, modify as needed, and approve the response to the Tulare County Grand Jury 2014/15 Final Report regarding the report entitled: Mooney Grove Park.  Authorize the Chairman to sign the response letter.

35.         Request from County Administrative Office to approve an agreement with the State of California, Local Entity Formation Assistance Program in the amount of $250,000 to establish governance for the Northern Tulare County Surface Water Treatment Project.  Designate the County Administrative Officer, or his designee, to sign and submit claims for reimbursement, execute the Budget and Expenditure Summary, certify that the project is complete and sign the Final Release form.  Resolve that the authority granted hereunder shall be deemed retroactive.  All acts authorized hereunder and performed prior to the date of this Resolution are hereby ratified and affirmed.  The State Water Resources Control Board is authorized to rely upon this Resolution until written notice to the contrary, executed by each of the undersigned, is received by the State Water Resources Control Board.  The State Water Resources Control Board shall be entitled to act in reliance upon the matters contained herein, notwithstanding anything to the contrary contained in the formation documents of the County of Tulare or in any other document.  Approve the necessary budget adjustments (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

Public Hearings to consider changes to the fee schedule of the Tulare County Agricultural Commissioner/Sealer.  See Board of Supervisors Agenda April 14, 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: 1

Public Hearing for Adoption Fee Adjustments and Rule for Interim Medicare         Health Fees, see Board of Supervisors agenda for April 14, 2015

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Jasmine Garcia et al v. County of Tulare

Tulare County Superior Court Case No. 257024

 

ITEM D

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 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