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

 

June 30, 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.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.            PUBLIC HEARING:  Request from Resource Management Agency to certify that the Board has reviewed and considered the information contained in the Statutory Exemption pursuant to Division 13 Section 21080.17, Second Unit Ordinance and a Categorical Exemption consistent with the California Environmental Quality Act (CEQA Title 14 California Code Regulations, Section 15061(c) general rule exemption. Find there is no substantial evidence that said amendments to the Tulare County Zoning Ordinance No. 352, will have a significant effect on the environment and determine that the Statutory and General Rule Exemptions Declaration pursuant to 14 California Code Regulations, that was prepared for the project reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act of 1970.  Adopt the findings of approval for the Zoning Amendments: a) Transitional Housing Definition; b) Family Definition; c) 2nd Units; d) Reasonable Accommodation; e) Emergency Shelters; f) Density Bonus Ordinance; and g) Small Residential Rooftop Solar Ordinance, as set forth in the Planning Commission Resolution.  Direct the Environmental Assessment Officer, or his designee, of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk.  Waive the final reading and adopt the amendments to Ordinance No. 352, the Tulare County Zoning Ordinance.  Direct the Clerk of the Board to publish the adopted Ordinances.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 39)

 

 

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

4.            Approve an agreement with the California Department of Food and Agriculture to provide State funding of $39,999.55 to offset costs of providing fruit and vegetable inspection services for the State Standardization Program, effective July 1, 2015 through June 30, 2016. 

5.            Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $1,125 to offset costs of providing soil treatment supervision, commodity treatment supervision and commodity and/or soil sampling as required by the Nematode Control Program, effective July 1, 2015 through June 30, 2016. 

6.            Approve an agreement with the California Department of Food and Agriculture to provide state funding of $222,441.31 to offset costs of regulating maturity and freeze damage of all oranges, lemons, and mandarins being produced and/or processed in the County, effective July 1, 2015 through June 30, 2016.

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

7.            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.

8.            Approve payment of Great-West’s invoice of $27,225 for administrative costs of the 3121 Part-time, Seasonal and Temporary Deferred Compensation Plan for the period of July 1, 2014 through June 30, 2015 out of the County budget.

Board of Supervisors

9.            Reappoint Dr. Cheryl Duerksen, Ph.D, Agency/Department Director to the Tulare County Financial Advisory Committee for a term ending June 30, 2018.

10.         Appoint Marie Arroyo, Resident - District 1 seat to the Health Advisory Committee for a term ending February 1, 2017.

11.         Reappoint Herbert Hawkins, District 4 to the Public Facilities Corporation for a term ending July 1, 2019.

12.         Reappoint Eldonna Caudill, District 5 - Seat 2 to the Tulare County Youth Commission for a term ending June 30, 2018.

County Administrative Office/General Services

13.         Reaffirm that the failure of three County wells located at the Bob Wiley Detention Facility and Mooney Grove Park originally declared by the Board of Supervisors on June 2, 2015 is a continuing emergency (4/5ths vote required).

14.         Approve an agreement with ABM Onsite Services, West for janitorial services in County facilities that are located outside of the County seat in an amount not to exceed $600.000, effective July 1, 2015 through June 30, 2018.  In accordance with Government Code Section 31000, find these outlying areas are remote from available County employee resources and the County’s economic interests are served by such a contract rather than by paying additional travel and subsistence expenses to existing County employees.  Authorize the Chairman to sign the agreement upon receipt of certificates of insurance, and contract subject to review and approval as to form by County Counsel.

15.         Resolve and assure to the California Board of State and Community Corrections, that Tulare County possesses fee simple title to a suitable project site and right of access to the project sufficient to assure undisturbed use and possession of the site, and will not dispose of, modify the use of, or change the terms of the real property title in the site of the facility subject to construction, or lease the facility for operation to other entities, without permission and instruction from the California Board of State and Community Corrections, for so long as State Public Works Board Lease-Revenue Bonds secured by the financed project remain outstanding.

16.         Declare that the lack of water supply for East Porterville creates an emergency.  Declare that constructing a new well will not permit a delay resulting from a competitive solicitation for bids.  Declare that constructing a new well is necessary to respond to the emergency.  Authorize staff to bypass the bidding requirements as authorized by California Public Contract Code Section 22050 and hire a contractor to construct the well (4/5ths vote required).

Health & Human Services Agency

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

18.         Authorize the submission of a grant application for funding from CalRecycle for the Used Oil Payment Program (OPP), Cycle 6 for the period of July 1, 2015 through August 17, 2017 on behalf of the County of Tulare and cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, and Woodlake.  Designate and authorize the Board Chairman as Signature Authority effective July 1, 2015 through August 17, 2017 to execute all documents necessary to implement and secure payment under the OPP.

19.         Approve an amendment to Agreement No. 26031 with Everbridge, Inc. to renew the agreement for Mass Notification Services in the amount of $93,000 and extend the term to June 30, 2016, retroactive to May 1, 2015. Find that the Board had authority to enter into the proposed amendment as of May 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

20.         Approve an amendment to Agreement No. 26677 with Life Technologies Corporation to extend the term from June 30, 2015 through June 30, 2016 to provide maintenance and repair support of equipment for the Tulare County Public Health Laboratory in the amount of $8,800.

21.         Approve an agreement with Community Services and Employment Training, Inc. in an amount not to exceed $755,527 to provide the Supported Employment and Volunteer Program, effective July 1, 2015 through June 30, 2016.

22.         Approve an agreement with Medical Hill Rehabilitation Center, LLC in an amount not to exceed $175,200 for the provision of a Mental Health Rehabilitation Program, effective July 1, 2015 through June 30, 2016.

23.         Approve an agreement with Alpaugh Unified School District 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, effective July 1, 2015 through June 30, 2016.

24.         Approve an agreement with the California State Association of Counties (CSAC) in an amount not to exceed $269,186 for related services to the Welfare Client Data Systems Consortium, effective July 1, 2015 through June 30, 2016.

25.         Approve an agreement with ExMed, Inc. in an amount not to exceed $500,000 for the provision of adult, adolescent, and child psychiatric services, effective July 1, 2015 through June 30, 2016.  Request authorization and signature from the Board for ExMed, Inc. to use subcontractors to provide the requested services.

Human Resources & Development

26.         Approve the Memorandum of Understanding with the Tulare County District Attorney Investigators Association, Bargaining Unit 5.

27.         Approve the Memorandum of Understanding with the District Attorney Criminal Investigators Association of Tulare County, Bargaining Unit 22.

28.         Approve the Memorandum of Understanding with the Professional Association of Tulare County Physicians, Bargaining Unit 16.

29.         Approve the Memorandum of Understanding with the Tulare County Corrections Association, Bargaining Unit 12.

30.         Rescind Resolution 2015-0252 to flexibly allocate the Sheriff’s Deputy I in the Court Services unit to Sheriff’s Deputy II.  Approve the corrected Personnel Resolution to flexibly allocate the Sheriff’s Deputy I in the Court Services unit to Sheriff’s Deputy II, retroactive to March 24, 2015.  Find that the Board had authority to approve the Personnel Resolution as of March 24, 2015, and that it was in the County’s best interest to approve the resolution on that date.

Probation

31.         Accept the 2011 Realignment Legislation (AB 109) Base Funding of $15,331,440.  Approve the Proposed Community Corrections Partnership Distribution of AB 109 Funding for Fiscal Year 2015/16.

32.         Accept funding from the Superior Court of California, County of Tulare, in the amount of $436,696 to fund participation in the Collaborative Court Program during the period of June 1, 2015 through April 30, 2017.  Agree to the participation by the Tulare County Probation, the Tulare County Office of the District Attorney and the Tulare County Public Defender’s Office during this same period.  Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

33.         FOR INFORMATION ONLY:  Bid Opening results for the Richgrove Park Dooley Drive Project.

Contractor

Proposal

MAC General Engineering Inc.

$163,433.50

RC General Engineering

$203,680.00

 

 

Engineer's Estimate

$237,525.00

 

 

34.         Approve the Fiscal Year 2015/2016 operating budget for the Seville Water Company.  Approve the necessary budget adjustments (4/5ths vote required).

Sheriff/Coroner

35.         Approve the necessary budget adjustments to the Fiscal Year 2014/2015 Operating Budget as follows:  Increase the budget for the 2015 Rural Crime Program from $305,605 to $306,834; Increase the budget for the 2015 California Multi-Jurisdictional Methamphetamine Enforcement Team Program (Cal-MMET) from $518,919 to $521,205; and Increase the budget for the Office on Violence Against Women, Safety and Accountability in Family Environments (SAFE) grant from $83,659 to $158,664 (4/5ths vote required).

36.         Approve an amendment to Agreement No. 26154 with the Visalia Unified School District in an amount not to exceed $75,000 to provide instructional services to Tulare County inmates for the period of July 1, 2015 through June 30, 2016.

37.         Approve an amendment to Memorandum of Understanding No. 26444 with Superior Court of California, County of Tulare, to extend the term of the agreement to June 30, 2017, for court security services.

38.         Approve an agreement with Alternative Services, Inc. in the amount of $206,400 to provide alcohol and drug counseling services for the Residential Substance Abuse Treatment Program, effective July 1, 2015 through June 30, 2016.

Workforce Investment Board

39.         Approve the appointment of the Directors of the Workforce Investment Board of Tulare County to act as the local workforce development board as described in the Workforce Innovation and Opportunity Act.  Approve the appointment of William DeLain as Chairman of the Workforce Investment Board of Tulare County.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

40.         Request from County Administrative Office/General Services - Property Management to publicly consummate the purchase of a portion of the real property at 13547 Avenue 384 in Yettem.  Approve purchase of the subject property for a price of $20,000 and authorize the Chairman to sign the Agreement of Purchase and Sale owned by Felix Quintero, Julia Quintero, and Javier Quintero Vidauri.  Direct the County Environmental Assessment Officer, or his designee, to file a Notice of Exemption with the Clerk-Recorder.  Authorize the County Administrative Officer, or his designee, to execute all additional documents to consummate this purchase of real property.  Direct the Auditor to draw a warrant in favor of First American Title Company in the amount of $22,000 upon request made by the County Administrative Officer or his designee.

 (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: 1

Item regarding Zoning Ordinance Update on Board of Supervisor’s Agenda dated June 30, 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

Item regarding East Porterville Water Supply Well on Board of Supervisor’s Agenda dated June 30, 2015

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case: Sandra Cornell and Todd Morgan vs. City of Dinuba, County of Tulare, et al. 

Tulare County Superior Court Case No.: VCU260067

ITEM D

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