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

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS

AND THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

June 16, 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 Roland Hill, Assessor/Clerk-Recorder regarding the Williamson Act.

3.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.               PUBLIC HEARING:   Request from Resource Management Agency to hold a Public Hearing to certify the Environmental Impact Reports, as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, including CEQA findings, and adopt the Mitigation Monitoring Reporting Program for the following projects:  A.  Strathmore Community Plan Update – GPA 15-007:  i.Strathmore Zone Code Redistricting/Mixed Use Overlay – PZ 15-004, ii. Strathmore By-Right Zoning – PZ 15-005, iii. Strathmore Complete Streets Program; B.   Tipton Community Plan – GPA 15-006:  i. Tipton Zone Code Redistricting/Mixed Use Overlay – PZ 15-006, ii.Tipton By-Right Zoning – PZ 15-007, iii. Tipton Complete Streets Program; C.     Pixley Community Plan Update – GPA 14-002:  i. Pixley Zone Code Redistricting/Mixed Use Overlay – PZ 15-010, ii. Pixley By-Right Zoning – PZ 15-011; and D. Derrel’s Mini-Storage – GPA 14-007:  i. Change of Zone No. PZ 14-001.  Adopt one General Plan Amendment, consisting of the following projects:  A) Strathmore Community Plan Update – GPA 15-007; B) Tipton Community Plan – GPA 15-006; C) Pixley Community Plan Update – GPA 14-002; and D) Derrel’s Mini-Storage – GPA 14-007.  Adopt the findings of approval set forth in Planning Commission Resolution No(s). 9081, 9082, 9083 and 9084 (CEQA), No. 9085 (Derrel’s Mini-Storage), No(s). 9086 and 9087 (Zoning Ordinance), No. 9088 (Community Plans) and No. 9089 (Complete Streets Program – Strathmore & Tipton).  Adopt the entirety of all the above findings and actions as one General Plan Amendment No. 2015-B; the second General Plan Amendment of 2015.  Waive the final reading and adopt an amendment to the Tulare County Zoning Ordinance 352 pertaining to the Mixed-Use Overlay Combining Zone, Zoning District Map Changes and an amendment to Zoning Ordinance Section 16 for the following projects:  A) Strathmore Community Plan Update – PZ 15-004, PZ15-005; B) Tipton Community Plan – PZ 15-006, PZ 15-007; C) Pixley Community Plan Update – PZ 15-010,PZ 15-011; and D) Derrel’s Mini-Storage – PZ14-001.  Authorize the Chairman to sign any and all necessary zoning changes under Ordinance 352, and specifically changes to Sections 18.9 and Section 16 to add the communities of Strathmore, Tipton and Pixley to include Mixed Use Overlays and By Right Zoning.  Direct the Clerk of the Board to publish once in the Visalia Times-Delta newspaper the summary of the ordinance amendments and amended zoning map with the names of the Board of Supervisors voting for and against the amendment and to post a certified copy of the full ordinance amending the Tulare County Zoning Ordinance with the names of the Board of Supervisors voting for and against the amendment, within fifteen (15) days as required by Section 25124 et. seq.  Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file a Notices of Determination with the Tulare County Clerk.  Authorize the Director of the Resource Management Agency, or designee, to make appropriate technical revisions to the General Plan Amendment, Community Plans, and associated project documents.  Approve more detailed findings contained in Exhibit "A" incorporated by reference herein.

 

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 45)

 

 

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

5.               Approve the purchase of 49 replacement vehicles for the 2015/2016 Fiscal Year. Authorize payment for those vehicles with a loan from the Workers’ Compensation Insurance Fund.

Board of Supervisors

6.               Approve the $95,000 in funding awards as recommended by the Tulare County Youth Commission from the Step Up Youth Activities Grant Program as follows:  District 1:  Pesticide Action Network of America for the El Quinto Sol de America ($5,000), Courage to Change Ranch ($5,000), Boys and Girls Club of the Sequoias ($5,000), and Tulare County Symphony Association ($5,000); District 2:  Tulare Athletic Club ($10,000), and Grandma’s House ($10,000); District 3:  ACT for Women and Girls ($10,000), Christ Lutheran Church ($5,000), Sequoia Riverlands Trust ($5,000); District 4:  American Youth Soccer Organization ($5,000) and Proteus, Inc ($10,000); and District 5: Social & Environmental Entrepreneurs (SEE)/Wildplaces ($5,000), Porterville University Women’s Scholarship Fund ($5,000), YoungLives of Tulare County ($10,000).

7.               Appoint Nicole Riley, County Administrative Officer (or designee) to the Solid Waste Technical Advisory Committee to serve at the Pleasure of the Board.

Child Support Services

8.               Approve an agreement with the California Department of Child Support Services regarding the use of an extra help attorney in an amount not to exceed $27,521, effective July 1, 2015 through June 30, 2016.

Cooperative Extension

9.               Approve an agreement with Kings County to share the expense of one (1) full-time Community Program Specialist for providing coordination of services in support of Tulare-Kings Master Gardener Program, retroactive to July 1, 2014 through June 30, 2016.  Find that the Board had the authority to enter into the proposed Agreement as of July 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

County Administrative Office/General Services

10.           Approve a lease agreement with Family F.O.C.U.S. for a county owned property at 5911 S. Mooney in Visalia retroactive to April 6, 2015.  Find that the Board had authority to enter into the proposed agreement as of April 6, 2015, and that it was in the County's best interest to enter into the agreement on that date.

11.           Approve the bid documents for the Animal Control Remodel and Expansion Project. Authorize the advertisement of bids for the subject project. Set the bid opening for the project at 2:00 p.m. on Thursday, July 30, 2015.

12.           Reaffirm the emergency action to replace three (3) failed County wells located at the Bob Wiley Detention Facility and Mooney Grove Park taken on June 2, 2015.  Determine that the failure of these three (3) wells is a continuing emergency (4/5ths vote required).

District Attorney

13.           Ratify and approve an agreement with the California Office of Emergency Services in the amount of $283,862 to provide continuing funding for the Violence Against Women Vertical Prosecution Program for the period July 1, 2015 through June 30, 2016.  Ratify and approve the Chairman’s signatures on the Grant Award Face Sheet and the Certification of Assurance of Compliance. Ratify and approve the signatures of the County Administrative Officer on the Certification of Assurance of Compliance.

Health & Human Services Agency

14.           Approve an amendment to Agreement No. 26111 with Orchard Software Corporation to add the Business Associate Agreement for providing service and maintenance support of the Lab Information Systems, retroactive to September 1, 2014 through June 30, 2017.  Find that the Board had authority to enter into the proposed amendment as of September 1, 2014, and that it was in the County’s best interest to enter into the amendment on that date.

15.           Approve an amendment to Agreement No. 21965 with Addiction Research and Treatment Inc., d.b.a Bay Area Addiction Recovery and Treatment to update Exhibit B which will increase this three-year agreement by $3,686,000 from $5,511,000 to $9,197,000 ($1,843,000 annually for Fiscal Year 2014/15 and 2015/16) for the provision of a Drug/Medi-Cal Methadone Maintenance Program, retroactive to April 1, 2015 through June 30, 2016.  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. Approve the necessary budget adjustments (4/5ths vote required).

16.           Approve an amendment to Agreement No. 26646 with Cutler-Orosi Joint Unified School District to increase the maximum amount of the agreement from $101,167 to $119,217 for delivery of Family Transitional Supportive Services Program to at-risk families, retroactive to April 1, 2015 through June 30, 2015.  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.

17.           Approve an amendment to Agreement No. 25609 with Allied Barton Security Service LP in an amount not to exceed $1,621,035 to provide security guard services, effective July 1, 2015 through June 30, 2016 for Tulare County Health & Human Services Agency, the Tulare County Library, and the Tulare County Department of Child Support Services.

18.           Approve an agreement with Charis Youth Center, Inc. in an amount not to exceed $460,000 for the provision of intensive day treatment services (full day) to Tulare County minors ($200,000 for Fiscal Year 2014/15 and $260,000 for Fiscal Year 2015/16), retroactive to January 1, 2015 through June 30, 2016.  Find that the Board had 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.

19.           Approve an agreement with EMQ Families First, Inc. in an amount not to exceed $130,000 to provide Specialty Mental Health Services and Therapeutic Behavioral Services from July 1, 2015 through June 30, 2016.

20.           Approve an agreement with EMQ Families First, Inc. for the Crossroads Transitional-Age Youth Housing Program in an amount not to exceed $503,561 from July 1, 2015 through June 30, 2016.

21.           Approve an agreement with JDT Consultants, Inc. in an amount not to exceed $470,000 to provide therapeutic behavioral services from July 1, 2015 through June 30, 2016.

22.           Approve an agreement with Central Valley Recovery Services, Inc. in an amount not to exceed $208,925 for the provision of substance abuse treatment services to TulareWORKs clients, effective July 1, 2015 through June 30, 2016.

23.           Approve an agreement with Goodfellow Occupational Therapy for the purpose of providing occupational and/or physical therapy services in an amount not to exceed $380,000, effective July 1, 2015 through June 30, 2016.

24.           Approve an agreement with Central Valley Recovery Services, Inc. for the Co-Occurring Disorder Program in an amount not to exceed $1,104,171, effective July 1, 2015 through June 30, 2016.

25.           Approve an agreement with Tulare Youth Service Bureau, Inc. for the Family Interaction Program in an amount not to exceed $108,890, effective July 1, 2015 through June 30, 2016.

26.           Approve an agreement with Arieh R. Whishenhunt, M.D. in an amount not to exceed $310,000 for the provision of psychiatric services, effective July 1, 2015 through June 30, 2016.

27.           Approve an agreement with Tulare Youth Service Bureau, Inc. for the Full Service Partnership Children’s Program in an amount not to exceed $990,000.00 to provide mental health services, effective July 1, 2015 through June 30, 2016.

28.           Approve an agreement with Tulare County Superintendent of Schools in an amount not to exceed $370,000 for therapeutic behavioral services, effective July 1, 2015 through June 30, 2016.

29.           Approve an agreement with Tulare County Superintendent of Schools for the Children of Promise Program in an amount not to exceed $288,227, effective July 1, 2015 through June 30, 2016.

30.           Ratify and approve an agreement with Orosi Public Utility District for purchase of water for the Household Tank Program, retroactive to May 29, 2015 through November 1, 2015.  Find that the Board had the authority to enter into the agreement as of May 29, 2015, and that it was in the County’s best interest to do so on that date.

31.           Ratify and approve an agreement with the California Water Service Company for purchase of water for the Household Tank Program, retroactive to May 29, 2015 through May 28, 2016.  Find that the Board had the authority to enter into the agreement as of May 29, 2015, and that it was in the County’s best interest to do so on that date.

Human Resources & Development

32.           Approve the Memorandum of Understanding with the Service Employee International Union, Local 521, Bargaining Units 1, 2, 3, 4, 6, & 7.

33.           Approve amendments to County Personnel Rule 6:  Attendance and Leaves, Sections 6.7 Sick Leave and Section 6.16 Domestic Violence Leave and Personnel Rule 16:  Extra Help Personnel to comply with new State regulations, subject to meet and confer.

Information & Communications Technology

34.           Approve an agreement with Northpointe, Inc. in an amount not to exceed $25,271 for providing user licenses and maintenance support for COMPAS for the period of June 30, 2015 through June 29, 2016.

35.           Approve an agreement with ServiceNow in the amount of $563,814 to provide license and maintenance support services for the period of July 11, 2015 to July 10, 2018.  Delegate authority to Peg Yeates, Director of TCiCT, to sign the yearly Order Form.

36.           Approve a lease/purchase agreement with Key Government Finance, Inc. in the amount of $83,120.46 per quarter, retroactive to June 5, 2015 through June 5, 2020; which includes switches, wireless access points, new routers, improved security for data closets and server.  Find that the Board had authority to enter into the proposed agreement as of June 5, 2015, and it was in the County’s best interest to enter into the agreement on that date. Authorize Peg Yeates, Director of TCiCT, to sign the Acceptance Certificate upon delivery and acceptance of the equipment.

Probation

37.           Approve an agreement with Earlimart School District in the amount of $44,342.92 for the Campus Probation Officer Program, effective July 1, 2015 through June 30, 2016.

Resource Management Agency

38.           Approve the designation and the installation of a One-Way STOP  controlled intersection at Mountain Road 160 (Success Valley Drive) and Mountain Road 137 (Reservation Road) located east of Porterville 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 an agreement with the State of California, acting by and through the Department of Transportation, for the exchange of Federal Transportation project funds amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year 2014/2015.  Accept the $100,000 from the State as matching funds. 

40.           Authorize the filing of Notice of Partial Non-Renewal for the following Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from the approval of one lot line adjustment and one tentative parcel map. PNR 15-006 – Williamson Act Contract No. 4282, Ag Preserve No. 1202 located on the south side of Avenue 256, west of Road 180 approximately 4 miles northwest of Lindsay (Todd Sheller–FAEC Holdings), (2.86 acres to be non-renewed as a condition of PLA 14-038), 128.15 acres in two parcels subject to the contract amendment. PNR 15-009 – Williamson Act Contract No. 5189, Ag Preserve No. 1998, located on the southwest corner of Marinette and State Hwy 65, 1,300 feet north of Exeter (Todd R. and Kimberly A. Kittinger), (a 2.11-acre portion from 18.45 acres to be non-renewed as a condition of PPM 15-004), 18.45 acres subject to the contract amendment. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

41.           Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance: a) Transitional Housing Definition; b) Family Definition; c) Second Units; d) Reasonable Accommodation; e) Emergency Shelters; f) Density Bonus Ordinance; and g) Small Residential Rooftop Solar Ordinance.  Approve the Ordinance Amendment Summary and direct the Clerk of the Board to publish such Summary and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date (June 30, 2015, as required by Section 25124 et. seq. Set the Public Hearing for June 30, 2015 at 9:30 a.m. or as shortly thereafter as can be heard.

42.           FOR INFORMATION ONLY:  Bid opening results for the Asphalt Concrete Overlay Project Locations:  Avenue 272 - D88 to Shirk Road; Avenue 256 - Road 164 to Road 180; D112A - Avenue 184 to Rankin Avenue; and Road 208 - Avenue 112 to Teapot Dome Avenue.

Contractor

Base Bid +     Additive

Calculated                 Base Bid + Additive

 

Agee Construction Corporation

 $         1,599,909.30

$1,599,909.30

MAC General Engineering

 $         1,658,391.70

$1,658,391.70

AS Dezign, Inc.

 $         1,700,177.00

$1,700,491.24

Papich Construction

 $         1,715,515.00

$1,715,515.00

Granite Construction Co.

 $         1,732,081.20

$1,732,081.20

Lee's Paving Inc.

 $         1,741,066.51

$1,741,066.51

Teichert Construction

 $         1,777,994.00

$1,777,993.64

Emmett's Excavation, Inc.

 $         1,832,970.21

$1,832,970.21

Engineers Estimate

$1,662,376.30

$1,662,376.30

 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

43.           Approve the Joint Funding Agreement with the United States Geological Survey for stream gauge operations in the amount of $18,250.00, retroactive to November 1, 2014 through October 31, 2015. Find that the Board had the authority to enter into the proposed agreement as of November 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT
AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

Sheriff/Coroner

44.           Approve an amendment to Agreement No. 25307 with United States Forest Service for patrol services on Forest Service land in the amount of $33,000, and for services related to controlled substances in the amount of $24,000, retroactive to October 1, 2014 through September 30, 2015. Find that the Board had authority to enter into the proposed amendment to the agreement as of October 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

45.           Authorize submittal of an online application for a Fiscal Year 2015 Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice to fund School Resource Officers, retroactive to October 1, 2014 through September 30, 2018.  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.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

46.           Presentation given by Health and Human Services Agency to approve an agreement with the Tulare County Superintendent of Schools in an amount not to exceed $269,213 for the administration of the More Opportunities for Viable Employment (MOVE) Program, effective July 1, 2015 through June 30, 2016.

47.           Request from Solid Waste to approve franchise agreements with Pena’s Disposal Inc., servicing Area B; South Tulare Richgrove Refuse Inc., servicing Area J; Tule Trash Company, servicing Area G; Miramonte Sanitation Inc., servicing Area A; USA Waste of California Inc., servicing Areas C & H; and Mid Valley Disposal LLC, servicing Areas D & E, to provide waste collection and recycling for the period of July 1, 2015 to June 30, 2030.

 (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

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

Number of Potential Cases: 4

Public Hearing to Adopt the General Plan Amendment, certify the Environmental Impact Report and Adopt an Amendment to the Tulare County Zoning Ordinance for the Following: Strathmore Community Plan Update, Tipton Community Plan, Pixley Community Plan Update and Darrell’s Mini-Storage; See Board of Supervisors Agenda June 16, 2015

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Request from Solid Waste to approve Solid Waste Franchise agreements with the six existing licensed haulers of the Tulare County Hauler’s Association

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM E

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(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 G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: City of Tulare vs. County of Tulare, et al.

Tulare County Superior Court No. 261091

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

[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 I

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designation Representative: Rhonda Sjostrom, Jean M. Rousseau

Employees Organization: All certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees