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

 

 

SEPTEMBER 9, 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 Public Financial Management regarding the review of Administration Report for the Millennium Fund Investment Program.

3.             Public Comments.

 

 

 

(Consent Calendar)

CONSENT CALENDAR (Number 4 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.

 

                                                                  

Agricultural Commissioner/Sealer

 

4.            Approve $8,190 for projects recommended by the County Fish and Game Commission for Fiscal Year 2014/2015, and authorize the Agricultural Commissioner to approve disbursement of funds for these projects upon adoption of the Fish and Game Propagation Program (Fund 011) budget for Fiscal Year 2014/2015.  Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEA) for projects recommended by the County Fish and Game Commission and a name change.  Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk.  Approve a name change to Fish and Wildlife Commission.

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

 

(Timed Items)

5.          Consolidate the Local Contests/Measures with the Statewide General Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, November 4, 2014.  Authorize the election official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Statewide General Election.  Consent to the consolidation of these elections and the procedures to be used in the conduct of the Statewide General Election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 and following of the Elections Code.  Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the election official to the District.  Agree that the election official will prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election.  Agree that the elections are to be consolidated as set forth above.

Board of Supervisors

 

(Timed Items)

6.        Reappoint Dale Brogan, Member 1 and Walter Bricker, Member 2 to the Tulare County Flood Control District for terms ending September 1, 2018.

7.            Reappoint James Crew, District 5 to the Fish and Game Commission for a term ending September 4, 2016.

8.            Reappoint William McKinley, District 5 to the Assessment Appeals Board for a term ending September 1, 2015,

9.            Appoint Martha Swaim, Zone No. 4 to the Alta Health Care District for a term ending December 3, 2018.

County Administrative Office/General Services

 

(Timed Items)

10.         Rescind Resolution No. 2014-0215 from August 12, 2014.  Request that the California Board of State and Community Corrections (BSCC) allocate up to $6,648,000 of any funds relinquished by any jurisdiction from any of the State’s jail construction financing programs (AB 900 Phases I & II, or SB 1022) to Tulare County’s SB 1022 project, the Sequoia Field Program Facility.  Request an extension from the BSCC to select an option for the construction of the Sequoia Field Program Facility with SB 1022 funds, until such time as any reallocations described above have been completed, or through April 30, 2015, whichever is later.  Direct staff to submit a letter to BSCC summarizing these actions.

District Attorney

 

(Timed Items)

11.         Ratify and approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing 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.  Ratify the Assistant District Attorney’s signature as the Agency Head.

12.         Ratify and approve an agreement with the California Governor’s Office of Emergency Services for the Unserved/Underserved Victim Advocacy and Outreach Program in the amount of $125,000, with a $31,250 match, for the period of October 1, 2014 through September 30, 2015. Ratification is necessary as the deadline to submit the signed grant application was prior to the board meeting date.  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.

Fire Department

 

(Timed Items)

13.         Approve a grant award agreement with the California Department of Forestry and Fire Protection for the Volunteer Fire Assistance Grant in the amount of $20,000.

Health & Human Services Agency

 

(Timed Items)

14.         Approve an amendment to Agreement No. 26111 with Orchard Software Corporation to provide service and maintenance support of the Lab Information Systems, retroactive to April 1, 2014 through June 30, 2017, and increase the contract amount by $6,300 from $111,513 to $117,813.  Find that the Board had authority to enter into the proposed amendment as of April 1, 2014, and that it was in the County’s best interest to enter into the amendment on that date.

15.         Approve an agreement with Community Services and Employment Training (CSET) for the Youth Transitions Program in an amount not to exceed $758,325 for the period of October 1, 2014 through September 30, 2015.

16.         Approve an agreement with Central Valley Recovery Services, Inc. for the Co-Occurring Disorder Program, in an amount not to exceed $1,104,171, 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.

17.         Approve an agreement with Turning Point of Central California, Inc. for the North County One-Stop Center, in an amount not to exceed $700,000.00, 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.

18.         Approve an agreement with the California Department of Public Health Childhood Lead Poisoning Prevention Program in an amount not to exceed $899,948, retroactive to July 1, 2014 through June 30, 2017.  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.

Human Resources & Development

 

(Timed Items)

19.         Approve a Memorandum of Understanding between the County of Tulare and the District Attorney's Criminal Investigators Association of Tulare County, Bargaining Unit 22, retroactive to August 1, 2014 through June 30, 2014.  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.

20.         Approve the recommendations of the Human Resources & Development Department and the Health Plan Advisory Group to:  1) renew the Anthem Blue Cross PPO and HMO plan offerings provided by the San Joaquin Valley Insurance Authority (SJVIA) with a 1.17% rate increase; 2) renew the Kaiser Permanente plans with increase of 5% for the $1,000 deductible plan and an increase of 5% for the $0 deductible plan; 3) renew the Delta PPO plan with 0% increase, and the Delta Dental DHMO plan with a 4.3% increase in the dental plan rates; and 4) renew the Vision Services Plan at a 0% increase with the same Tulare County plan options as 2014.

21.         Authorize the Chairman to execute the SJVIA Participation Agreement with the San Joaquin Valley Insurance Authority (SJVIA), retroactive to January 1, 2014 through December 31, 2014 for the purpose of participating in the SJVIA health insurance programs (Anthem Blue Cross and Kaiser), pharmacy program (US Script), dental insurance (Delta Dental) and vision insurance (VSP) for eligible employees and retirees.  Find that the Board had authority to enter into the proposed agreement as of January 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

Information & Communications Technology

 

(Timed Items)

22.         Approve the annual renewal of license and maintenance with Bear Data Solutions in an amount not to exceed $158,324 to provide license and maintenance support for Cisco Smartnet equipment for Tulare County Health & Human Services Agency TulareWORKs Division, retroactive to September 1, 2014 through August 31, 2015.  Find that the Board had authority to enter into the proposed renewal as of September 1, 2014, and that it was in the County’s best interest to enter into the renewal on that date.

Probation

 

(Timed Items)

23.         Ratify and approve an agreement with the California Office of Traffic Safety for Intensive Probation Supervision for High Risk Felony and Repeat Driving Under the Influence (DUI) Offenders grant for the period of October 1, 2014 through September 30, 2015.  Accept grant funding in the amount of $78,161.00.  Ratify the Chairman’s signature on the agreement.

24.         Accept the 2011 Realignment Legislation (AB109) funding of $12,981,270.  Approve the proposed Community Corrections Partnership Budget for Fiscal Year 2014/15 (4/5th’s vote required).

25.         Accept funding in the amount of $100,000 from the State of California, Board of State and Community Corrections Recidivism Reduction Fund through Fiscal Year 2017/2018.  Agree to collaborate with the Tulare County Community Corrections Partnership to develop a competitive grant program intended to fund community recidivism and crime reduction services.  Authorize the Chairman to sign five copies of a notification letter to the California Board of State and Community Corrections, confirming the County's interest in participating in the Community Recidivism Reduction Grant Program.

Resource Management Agency

 

(Timed Items)

26.         Accept the work for the construction of the Pavement Overlay Project as complete by W. Jaxon Baker, Inc. of Madera, California.  Authorize the Chairman to sign the Notice of Completion and direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

27.         Accept the work for the construction of the Pavement Overlay Project on Road 104 from Avenue 408 to Avenue 424 and Avenue 368 from Road 80 to Road 99 as complete by Agee Construction Corporation of Clovis, California.  Authorize the Chairman to sign the Notice of Completion and direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

28.         Adopt the 2014 Tulare County Area Transit (TCaT) Title VI Program.

29.         Approve an amendment to Agreement No. 19505 the Joint Powers Agreement for Snow Removal Services between the County of Tulare and the Alpine Village-Sequoia Crest Community Services District at Camp Nelson.

30.         Set a Public Hearing for September 30, 2014 at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California to consider an adjustment to the boundary of the Traver Zone of Benefit within County Service Area No. 1.  Approve the Notice of Public Hearing.

31.         Approve the submittal of Federal Aviation Administration Airport Improvement Program Grant applications in the amount of $81,000 to update the existing Airport Layout Plan and in the amount of $69,000 to design aeronautical improvements at the Sequoia Field Airport.  Authorize the Chairman to sign the grant applications on behalf of the County. Request that if the grant(s) is (are) awarded to the County, the Chairman is authorized to sign the Grant Agreement(s), subject to review and approval as to form by County Counsel.

32.         Authorize the Tulare County Auditor to make budget adjustments for the amendment to Agreement No. 26666 for the Drought Related Drinking Water Emergency Funding for the Seville Water System as summarized on the AUD 308 Budget Adjustment Form (4/5ths vote required).

Sheriff/Coroner

 

(Timed Items)

33.         Ratify and approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing 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.  Ratify the Chairman’s signature on the agreement.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

34.         Presentation given by the Leadership Academy Class to approve use of funds for lunches and materials and final approval of Leadership Academy class project, Explore your Future.

35.         Request from County Administration Office to consider, modify as needed, and approve the responses to the Tulare County Grand Jury 2013/14 Final Report regarding the reports entitled: Public Defender Case Load; and Water Please!.  Authorize the Chairman to sign the response letters.

36.         Presentation given by Information & Communications Technology regarding the accomplishments for Tulare County Information and Communications Technology Department.

37.         Presentation given by the Resource Management Agency regarding the Tulare County’s Proposed Measure R Funding Plan for Fiscal Year 2014/2015.

38.         Request from County Administrative Office to approve the Final Report for the Tulare Lake Basin Disadvantaged Community Water Study and direct staff to submit it to the Department of Water Resources.

 (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

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ITEM A

THREAT TO PUBLIC SERVICES OR FACILITIES

Details

(Government Code Section 54957)

Consultation with:  TCiCT Director

 

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 - EXISTING LITIGATION

Details

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

Name of Case: Lynn Renee Cate v. Mark Wallace et al. 

Case No. 1:14-cv-01225-MJS

 

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

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

Name of Case: Xiong, Susan v. COT 

Tulare County Superior Court Case No. VCU252196

 

ITEM E

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 on March 6, 2014 by A.M.

 

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

 

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 - INITIATION OF LITIGATION

Details

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

Number of Potential Cases: 1

 

ITEM I

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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