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

 

 

October 27, 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 Public Financial Management regarding the Annual Administrator's Report for the Millennium Fund.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from Resource Management Agency to consider the vacation of portions of Avenue 16, Avenue 17 and Avenue 20 Northeast of Richgrove.  Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct the Environmental Assessment Officer, or designee, to sign and file a Notice of Exemption with the Tulare County Clerk-Recorder.  Determine that the hereinbefore described roads are unnecessary for present or prospective public use and vacation thereof is in the public interest.  Approve the Resolution to vacate the aforementioned roads, subject to reserving public utility easements for public utility companies within the limits of the vacated road right of way.  Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor/Clerk-Recorder.

5.            PUBLIC HEARING:  Request from Resource Management Agency to adopt, find, determine, declare and resolves as follows:  a) That the project is in conformance with the California Environmental Quality Act (CEQA); b) The public interest and necessity require the project; c) The project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; d) The property is necessary for the project; e) The offer required by Section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code Section 7267.2(a); and f) County Counsel is authorized to file a legal action against the property owner.  This acquisition of property by eminent domain is for the Avenue 416 Widening Project pursuant to Code of Civil Procedure Section 1245.330; Linda L. Penner, as to a life estate, and Michael Penner (2/3rds vote required).

6.            PUBLIC HEARING:  Request from Resource Management Agency to adopt, find, determine, declare and resolves as follows: a) That the project is in conformance with the California Environmental Quality Act (CEQA); b) The public interest and necessity require the project; c) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; d) The property is necessary for the project; e) The offer required by Section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code Section 7267.2(a); and f) County Counsel is authorized to file a legal action against the property owner.  This acquisition of property by eminent domain is for the Avenue 416 Widening Project pursuant to Code of Civil Procedure Section 1245.330; Jeffrey and Laura Warkentin (2/3rds vote required).

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 through 23)

 

 

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 member or member of the public on any item, that item will be removed from the Consent Agenda.

 

Board of Supervisors

7.            Ratify the proclamation recognizing Franey's Carpet One and Design Center on its 60th Anniversary.

County Administrative Office/General Services

8.            Approve and authorize the Chairman to proclaim "Court Adoption and Permanency Month" this year from November 1 through November 30, 2015 in Tulare County.

9.            Reaffirm that the lack of water supply for East Porterville declared by the Board of Supervisors on June 30, 2015 is a continuing emergency.

10.         Approve an amendment to Agreement No. 27261 with Western Strata Exploration to increase the contract amount by $260,600 for increasing the depth of the well from 600 feet to 1,100 feet.  Authorize the Chairman to sign the amendment to the agreement subject to review and approval as to form by County Counsel.  Determine the failure of three County wells located at the Bob Wiley Detention Facility and Mooney Grove Park originally taken to the Board of Supervisors on June 2, 2015 is a continuing emergency (4/5ths vote required).

11.         Approve the bid documents for the Blue Ridge Tower Project.  Authorize the advertisement of bids for subject project.  Set the bid opening for the project at 2:00 p.m. on Wednesday, December 2, 2015.

Health & Human Services Agency

12.         Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

13.         Approve an increase of a revolving funds account in the amount of $800 for the Tulare County Health & Human Services Agency, Accounts Receivable Program.

14.         Approve an agreement with Davies & Associates, in an amount not to exceed $9,900, for consultation services with the Tulare & Kings Counties Suicide Prevention Task Force, retroactive to August 1, 2015 through October 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of August 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

15.         Approve an amendment to Agreement No. 26891 with Traditions Psychology Group d.b.a Traditions Behavioral Health for the provision of acute psychiatric inpatient professional services for Short-Doyle and Medi-Cal beneficiaries to increase the contract to an amount not to exceed $500,000 and extend the term, retroactive to June 1, 2015 through October 31, 2015.  Find that the Board had authority to approve the amendment as of June 1, 2015, and that it was in the County’s best interest to approve the amendment as of that date.

Information & Communications Technology

16.         Approve a Capital Asset purchase of a network switch and the associated hardware in the amount of $6,939 for increased connectivity at the Sheriff’s Office Detective Facility.

Resource Management Agency

17.         Approve the Final Map for Phase 3 of Subdivision Tract No. 792 located east of Road 72 and south of Avenue 308 in the Community of Goshen.  Approve the agreement to complete all required public improvements for Phase 3 of Subdivision Tract No. 792.  Accept the road right of way dedications for Phase 3 of Subdivision Tract No. 792 as shown on the Final Map.

18.         Approve proceedings to form Assessment District No. 14-792R-VISALIA to pay for public street maintenance within Phase 3 of Subdivision Tract No. 792, located northwest of the intersection of Avenue 308 and Road 76, west of the City of Visalia.  Approve the proposed Boundary Map and direct the Clerk of the Board to file certified copies with the County Recorder.  Approve the proposed Assessment Diagram and direct the Clerk of the Board to file certified copies with the County Recorder.  Approve the Engineer’s Report.  Declare the Board’s intention to levy and collect assessments.  Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner.  Approve the formation of the Assessment District and imposition of assessments.  Approve the agreement authorizing Smee Builders to collect the assessments for Fiscal Years 2015/2016 and 2016/2017 upon first conveyance of each lot.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.  Approve the necessary budget adjustments establishing a budget for the Assessment District (4/5ths vote required).

19.         Approve proceedings to form Assessment District No. 14-792-VISALIA to pay for storm drainage system maintenance within Phase 3 of Subdivision Tract No. 792, located on northwest of the intersection of Avenue 308 and Road 76.  Approve the proposed Boundary Map and direct the Clerk of the Board to file certified copies with the County Recorder.  Approve the proposed Assessment Diagram and direct the Clerk of the Board to file certified copies with the County Recorder.  Approve the Engineer’s Report.  Declare the Board’s intention to levy and collect assessments.  Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner.  Approve the formation of the Assessment District and imposition of assessments.  Approve the agreement authorizing Smee Builders to collect the assessments for Fiscal Years 2015/2016 and 2016/2017 upon first conveyance of each lot.  Approve the necessary budget adjustments establishing a budget for the Assessment District (4/5ths vote required).

20.         Approve the designation of an All-Way STOP control at the intersection of Avenue 430 and Road 72, northwest of Dinuba.  Authorize the installation of Stop signs on Avenue 430 at the intersection of Road 72 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.

21.         Approve the Streambed Alteration Agreement with the California Department of Fish and Wildlife for routine maintenance of bridges and culverts.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

22.         Authorize and approve a minor modification to the original scope of work for the Richgrove Park Dooley Drive Project.  Authorize the Chairman of the Board of Supervisors to modify the Measure R Supplement for this project as necessary.

Solid Waste

23.         Approve an agreement with Shamrock Recycling of California, Inc. to provide waste tire recycling services for County landfills, effective November 1, 2015 through October 31, 2018.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

24.         Request from County Administrative Office to approve the Joint Powers agreement between Fresno, Kings, Madera, Merced, and Tulare counties creating the San Joaquin Valley Water Infrastructure Authority.

25.         Request from the Resource Management Agency to receive an update regarding the status of the Flood Control Action Plan for 2015/2016.  Direct staff to take appropriate action.

 (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 closed session will be made in accordance with Government Code section 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

Abandon and Vacate Portions of Avenue 16, 17, and 20 

See Board of Supervisors Agenda October 27, 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

The public interest and necessity for the acquisition of property by eminent domain for the Avenue 416 Widening Project pursuant to Code of Civil Procedure Section 1245.330; Linda L. Penner, as to a Life Estate and Michael Penner 

See Board of Supervisors Agenda October 27, 2015

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

The public interest and necessity for the acquisition of property by eminent domain for the Road 80 Widening Project pursuant to Code Of Civil Procedure Section 1245.330;  Jeffrey and Laura Warkentin 

See Board of Supervisors Agenda October 27, 2015

ITEM D

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

(Government Code Section 54957)

FOR THE POSITION OF:  County Administrative Officer

ITEM E

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Michael Spata

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees