MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

District Three

 

J. STEVEN WORTHLEY –    Vice Chairman

District Four

 

MIKE ENNIS

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

 

 

AUGUST 26, 2014

 

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 the Sheriff's Department regarding the new Mobile Crime Laboratory.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from the Resource Management Agency to continue the public hearing from June 24, 2014 regarding consideration of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan and Tentative Tract Map No. TM 785, submitted by Ray DiCarlo, 2604 SE 15th Avenue, Portland, OR 9720 (Agent: James Winton and Associates, 150 W. Morton Avenue, Porterville, CA 93257), for the division of 67.2 acres into 54 single-family residential lots in the PD-F-M (Planned Development-Foothill Combining-Special Mobilehome) Zone, located on the south side of Avenue 176 (Frazier Valley Drive), approximately ½ mile west of Road 320, west of Springville, generally described as a portion of Section 17, Township 21 South, Range 29 East, MDB&M.  Uphold the recommendation of the Planning Commission and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan, as set forth in Planning Commission Resolution No. 8915.  Approve Tentative Tract Map 785 with directed revisions.

CONSENT CALENDAR (Number 5 through 46)

 

 

 

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

5.            Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $1,080 to offset costs of providing soil treatment supervision, commodity treatment supervision and commodity and/or soil sampling as required by the Nematode Control Program, retroactive to July 1, 2014 through June 30, 2015.  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.

6.            Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $34,358 to offset costs of providing Nursery inspection services, retroactive to July 1, 2014 through June 30, 2015.  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.

7.            Approve an agreement with the California Department of Food and Agriculture for providing State subvention of up to $6,000 to offset costs of registering organic growers and conducting organic inspections, retroactive to July 1, 2014 through June 30, 2015.  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.

8.            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, retroactive to July 1, 2014 through June 30, 2015.  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.

9.            Approve a Memorandum of Understanding with the California Agricultural Commissioners and Sealers Association in the amount of $47,212 to provide funding to input pesticide use report data and associated public outreach, retroactive to July 1, 2014 to June 30, 2015.  Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2014, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

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

10.         Approve the rate of taxation of the State and County for Fiscal Year 2014/15 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assessed valuation (Article XIII California Constitution).  Approve the tax rates as shown on Schedule A.  Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the unitary and operating non-unitary property of the County of Tulare, State of California, as computed pursuant to the provision of law (Revenue and Taxation Code Section 100).  Approve the tax rates as shown on Schedule B.  Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount to pay the principal and interest on the bonds and for special purposes of said school districts (Revenue and Taxation Code Section 93). Approve the Special District Tax Rates as shown on Schedule C.  Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the various districts included on the schedule of Special Districts (Revenue and Taxation Code Section 93).  Approve and accept the Statement of the Valuation of the Property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector (Auditor) and filed with this Board [Government Code 25254(a)].

Board of Supervisors (

11.         Ratify a Proclamation recognizing September 17-23, 2014 as Constitution Week in Tulare County.

12.         Reappoint Mark Larsen, Member 3 to the Tulare County Flood Control District for a term ending September 1, 2018.

  

 

Capital Projects

13.         Approve the bid documents for the Civic Center Generator Installation Project.  Authorize the advertisement of bids for the subject project.  Set the bid opening for the project at 2:00 p.m. on Thursday, September 25, 2014.

t

County Administrative Office (

14.         Ratify actions taken by the County Administrative Officer during the month of July 2014 regarding Good Works Funding Agreements.

15.         Approve a letter of support for the conveyance of Bureau of Land Management administered property to the Bureau of Indian Affairs.

16.         Approve an agreement with Castle Air Museum Foundation, Inc. for the lease of space at Sequoia Field Airport at a price of $1.00 per year, retroactive to May 19, 2014 through May 18, 2015.  Find that the Board had authority to enter into the proposed agreement as of May 19, 2014, and that it was in the County's best interest to enter into the agreement on that date.

Fire Department ()

17.         Approve an agreement with the California Department of Forestry and Fire Protection for Cooperative Fire Protection, retroactive to July 1, 2014 until terminated by either party according to the terms of the agreement.  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.

Health & Human Services Agency

18.         Reaffirm Resolution No. 2014-0090 declaring a Local Emergency due to the Drought in Tulare County adopted February 4, 2014.

19.         Approve an amendment to Agreement No. 26113 with Corizon Health, Inc., d.b.a. Corizon to correct and replace language in Article II, item (d) from the first amendment, retroactive to July 1, 2014 through June 30, 2016.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2014, and that it was in the County's best interest to enter into the amendment on that date.

20.         Approve an agreement with Tulare County Superintendent of Schools in an amount not to exceed $441,095 to provide the Primary Intervention Program, retroactive to July 1, 2014 through June 30, 2015.  Find that the Board had 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.

21.         Approve an agreement with the California State University, Fresno for an Internship Training Program to allow students to enroll in an intern training program with the Tulare County Health and Human Services Agency, Public Health Laboratory, effective upon signing for a period of three (3) years.

22.         Approve an agreement with the Kings View Corporation for the South County Mobile Unit in an amount not to exceed $850,000 to provide mental health services, retroactive to July 1, 2014 through June 30, 2015.  Find that the Board had 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.

23.         Approve an agreement with the Kings View Corporation in an amount not to exceed $220,000 to provide telepsychiatry services, retroactive to July 1, 2014 through June 30, 2015. Find that the Board had 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.

24.         Approve an agreement with the Medical Hill Rehabilitation Center, LLC for the provision of a Mental Health Rehabilitation Program in an amount not to exceed $175,200, retroactive to July 1, 2014 through June 30, 2015.  Find that the Board had 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.

25.         Approve an agreement with CF Merced Behavioral, LLC d.b.a Merced Behavioral Center, a locked skilled nursing facility, for the provision of stabilization and long-term maintenance for mentally disabled consumers in an amount not to exceed $950,000, retroactive to July 1, 2014 to June 30, 2015.  Find that the Board had 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.

26.         Approve an agreement with EMQ Families First, Inc. in an amount not to exceed $497,535 to provide the Crossroads Transitional Age Youth (TAY) Housing Program, retroactive to July 1, 2014 through June 30, 2015.  Find that the Board had 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.

27.         Approve a Memorandum of Understanding (MOU) with the California Ventura Automated Collection System (VACS) Association in an amount not to exceed $10,965.36 for Tulare County's participation in the Joint Enhancement Committee regarding VACS, retroactive to July 1, 2014 through June 30, 2015.  Find that the Board had authority to enter into this memorandum of understanding as of July 1, 2014, and that it was in the County's best interest to enter into the memorandum of understanding on that date.

28.         Adopt the Subvention Certificate of Compliance and the Medi-Cal Certificate of Compliance for the California Department of Veterans Affairs County Subvention Program, retroactive to July 1, 2014 through June 30, 2015.  Find that the Board had authority to adopt it as of July 1, 2014, and that it was in the County's best interest to adopt it on that date.

Human Resources & Development ()

29.         Reinstate the Sick Leave Buy Back Program for Unrepresented Employees.

30.         Approve a Memorandum of Understanding between the County of Tulare and the Professional Law Enforcement Managers Association (PLEMA), Bargaining Unit 14, retroactive to August 1, 2014 through June 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of August 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

Information & Communications Technology (s)

31.         Approve the renewal of license and support with Catalogic Software in an amount not to exceed $168,315.00 to provide license and support for the period of September 28, 2014 to September 27, 2015.

32.         Approve the annual renewal of license and maintenance with Bear Data Solutions in an amount not to exceed $146,136 to provide license and maintenance support for Cisco Smartnet for the period of 9/1/2014 through 8/31/2015.

33.         Approve the annual renewal of license and maintenance with Bear Data Solutions in an amount not to exceed $127,943 to provide license and maintenance support for Cisco Smartnet equipment for Health & Human Services Agency for the period of September 1, 2014 through August 31, 2015.

Probation

34.         Approve a Capital Asset purchase for a fully equipped K-9 vehicle in the amount of $39,624.

35.         Approve an agreement with the United States Department of Justice for seized and forfeited drug assets, retroactive to July 1, 2014 through June 30, 2015.  Find that the Board had 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.

36.         Approve the Grant Award Agreement with the Board of State and Community Corrections for the Juvenile Accountability Block Grants (JABG) Program in the amount of $22,520, with a $2,502 match, retroactive to July 1, 2014 through June 30, 2015.  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.

Resource Management Agency)

37.         Approve an agreement with Provost and Pritchard Engineering Group Inc. in the amount of $134,652 for engineering and planning services for the Monson Water System Feasibility Study.  Authorize the Chairman to sign the Agreement and any amendments thereto, for engineering and planning services for the Monson Water System Feasibility Study with Provost and Pritchard Engineering Group Inc.

38.         Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Road 108 Street Improvements Project. 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 Road 108 Street Improvements Project, subject to review and approval as to from by County Counsel.  Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids of the Road 108 Street Improvements Project.

39.         Approve the General Plan Initiation for a General Plan Amendment to update the Porterville County Adopted City General Plan.

40.         Approve the dedication of the recently constructed Avenue 416 Bridge as the R.B. Oliver Bridge.  Adopt a proclamation acknowledging this Board action.

Sheriff/Coroner)

41.         Approve an amendment to Agreement 26196 with Cutler-Orosi Unified School District, to extend the term of the agreement to June 30, 2015 in the amount of $84,400 for providing a School Resource Officer on district campuses.  Find that the Board had the authority to enter into the proposed amendment as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

42.         Approve an agreement with the United States Department of Justice, Drug Enforcement Administration for participation in the Drug Enforcement Administration Group 2 Task Force for the period of October 1, 2014 through September 30, 2015.

43.         Approve an agreement with Los Angeles County to provide intrastate prisoner transportation, retroactive to July 1, 2014 through June 30, 2019.  Find that the Board had authority to enter into the agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

44.         Approve a memorandum of understanding with the Tulare County Region Auto Theft Task Force, to provide personnel services to investigate, arrest and prosecute criminals responsible for vehicle thefts in Tulare County, retroactive to January 1, 2014 through December 31, 2015.  Find that the Board had authority to enter into the memorandum of understanding as of July 1, 2014, and that it was in the County's best interest to enter into the memorandum of understanding on that date.  Ratify and approve the Sheriff's signature on the Memorandum of Understanding.

45.         Approve an agreement with the U.S. Department of Justice under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $45,793 to partially fund two School Resource Officers, retroactive to October 1, 2013, through September 30, 2017.  Find that the Board had authority to enter into the proposed agreement as of October 1, 2013, and that it was in the County’s best interest to enter into the agreement on that date.

Solid Waste ()

46.         Approve an agreement with Peña’s Disposal for solid waste disposal to provide a more predictable Enterprise Fund revenue stream, retroactive to August 1, 2014 through July 31, 2019.  Find that the Board had authority to enter into the proposed agreement as of August 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

47.         Presentation given by the District Attorney's office regarding the Crimes Against Children Division, including 18 month progress report and an overview of upcoming programs.

48.         Presentation given by Kathleen Bales-Lange, County Counsel, regarding the facts in support of an Unfair Labor Practice (ULP) charge against SEIU for bad faith bargaining.  Provide direction to staff regarding filing of an ULP.  If appropriate, authorize the filing of an ULP charge against SEIU for bad faith bargaining.

49.         Presentation given by Information & Communications Technology regarding the 2015 Central Valley Technology Expo and Conference.  Authorize the County to sponsor the 2015 Central Valley Technology Expo and Conference for all Tulare County employees.  Authorize invitations for outside attendees, not limited to; valley city governments, valley county governments, valley education institutions, and valley businesses.  Authorize employees who are working during the event’s hours to attend on county time, subject to coordination and approval of their department to assure that services continue to be provided.  Authorize the department to require a registration fee for a booth and additional fees for additional services needed by a vendor.  Authorize Tulare County Information & Communications Technology to expend no more than $5,000, in the event fees received do not cover the cost of the event.

50.         Request from Resource Management Agency to review and accept the conformity analysis finding of compatibility with the Williamson Act for Special Use Permit No. PSP 13-050, a 1.5 MW Solar Facility.

51.         Receive a Report from the Resource Management Agency’s Building and Housing Division regarding substandard building abatement activity during Fiscal Year 2013/2014.

 (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

Request from the Resource Management Agency to continue the public hearing from June 24, 2014, regarding consideration of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan and Tentative Tract Map No. TM 785, submitted by Ray DiCarlo.

 

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  County of Tulare vs. Floyd D. Kampen, et al.

Tulare County Superior Court Case No. 11-244707

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

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

Number of Potential Cases:  1

Adopt the Categorical Exemption under CEQA and Approve the Plans, Special Provisions and Contract for the Construction of Road 108 Streets Improvements Project. Please See Board of Supervisors Agenda, August 26, 2014.

 

ITEM D

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 Case No. 257024

 

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Ted A. Hornsby II v. County of Tulare, et al.

Case No. 1:14-CV-01236-GSA

 

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Claim filed by Del L. Toledo on behalf of G.R., a minor on March 10, 2014, arising from a K-9 bite

 

ITEM G

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

 

ITEM H

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

 

ITEM I

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

 

ITEM J

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

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

Number of Potential Cases: 1

 

ITEM K

PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

County Administrative Officer

Board Representative

(Government Code Section 54957)

 

ITEM L

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative:  Rhonda Sjostrom, Jean Rousseau

Employee Organization:  All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees except Elected

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