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

 

 

OCTOBER 7, 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.             Present Proclamation honoring Outside Creek Elementary on it's 150th Anniversary.

3.             Public Comments.

 

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from the Treasurer-Tax Collector to deny the appeal filed by Marilu Lopez regarding an Adult Oriented Business License, per Tulare County Ordinance Code Sections 6-03-1050.

5.            PUBLIC HEARING:  Request from Resource Management Agency to deny the appeal filed by Mr. William Samarin and Ms. Heather Johnson and uphold Planning Commission Resolution No. 8978 accepting the Categorical Exemption, as the appropriate environmental determination, and approving Special Use Permit No. PSP 14-035 (Longbow, LLC) to allow ten additional oil wells being drilled in an established oil field (Deer Creek), north of Terra Bella.

 

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 24)

 

 

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.

 

                                                                  

Capital Projects & Facilities

 

(Timed Items)

6.            Award the contract the Bartlett Park Electrical Remodel Project at 28801 Worth Drive, Porterville, to the lowest responsible bidder, A-C Electric Company, PO Box 328, Visalia, CA 93279, in the amount of $604,927.  Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract subject to review and approval as to form by County Counsel.

County Administrative Office/General Services

 

(Timed Items)

7.            Approve sending a resolution to Congressional representatives regarding Emergency Drought Relief and Water Delivery Legislation.

8.            Approve sending a letter of concern to the United States Department of Agriculture Forest Service, National Park Service, Bureau of Land Management, and the California Department of Fish and Wildlife regarding the existing condition of public lands in the County of Tulare.

9.            Approve sending a letter of request to the California Air Resources Board requesting a delay of implementation of gasoline and diesel fuel under California’s market based program to reduce carbon emissions commonly known as “Cap and Trade.”

10.         Approve an amendment to Lease Agreement No. 21404 with California Growers, LLC to exercise the fifteen year option to renew early, add one option to renew the lease for an additional fifteen year term, continue the rental escalators through the additional terms, and to include language clarifying the lessee’s responsibility to join and pay for all costs related to the California Regional Water Quality Control Board, Central Valley Region, Waste Discharge Requirements General Order No. R5-2013-0120, to commence upon approval by the Board, for the agricultural use of 14.40 acre portion of Assessor Parcel Number 029-220-012.

11.         Approve an amendment to Agreement No. 20156 with Visalia/Noble Associates, LLC for property located at 4025 and 4031 W. Noble in the City of Visalia for a term of seven years.

Health & Human Services Agency

 

(Timed Items)

12.         Reaffirmation of Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090, adopted February 4, 2014.

13.         Approve the agreements between Tulare County Health & Human Services Agency and the Sub-recipients of the Fiscal Year 2013 Homeland Security Grant Program: Cities of Dinuba, Farmersville, Porterville, Tulare, and Visalia, Woodlake Fire Protection District, and Tulare County Consolidated Ambulance Dispatch.

14.         Approve an amendment to Agreement No. 26668 with Rite Aid Headquarters Corporation to include additional language to Exhibit A entitled Rite Aid Locations.

15.         Approve an amendment to Agreement No. 26682 with ExMed, Inc. for the provision of adult, adolescent, and child psychiatric services in Tulare County Mental Health Clinics to increase the amount of the agreement by $200,000 to an amount not to exceed $500,000, and increase the number of hours provided by 20 from 50 hours to 70 hours, upon signing through June 30, 2015.

16.         Approve an agreement with Tulare County Superintendent of Schools for the provision of mental health services to Tulare County adolescents and children in an amount not to exceed $1,500,000, 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.  Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

 

(Timed Items)

17.         Approve the Streambed Alteration Agreement with the California Department of Fish and Wildlife for the Road 182 Deep Creek Bridge Project.

18.         Approve the Streambed Alteration Agreement with the California Department of Fish and Wildlife for the Road 224 Deer Creek Bridge Project

19.         Approve the transfer of ownership of Surface Mining Permit and Reclamation Plan (PMR 81-001) from Halopoff & Sons, Inc. to Greg B. Bartlett, relinquishing Halopoff & Sons, Inc from any further responsibility originating from said permit, including Conditions of Approval and approved Financial Assurances.

20.         Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the Avenue 416 Kings River Bridge Revegetation and Restoration 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 Avenue 416 Kings River Bridge Revegetation and Restoration Project.

21.         Introduce and waive the first reading of an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZ 13-003 from the AE-40 (Exclusive Agriculture-40 acre minimum) zone to C-3 (Service Commercial) on approximately 38 acres of Assessor’s Parcel Number (APN) 110-190-014 located on Avenue 296 adjacent to the City of Farmersville.  Set the Public Hearing for October 21, 2014 at 9:30 a.m. or shortly thereafter as can be heard.

22.         Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the John J. Doyle Elementary School Safe Routes to School 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 John J. Doyle Elementary School Safe Routes to School Project subject to review and approval as to form by County Counsel.  Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids of the John J. Doyle Elementary School Safe Routes to School Project.

Sheriff/Coroner

 

(Timed Items)

23.         Designate Tulare County Health and Human Services Agency as the authorized entity to assist county jail inmates with submitting an application for a health insurance affordability program consistent with federal requirements.

Workforce Investment Board

 

(Timed Items)

24.         Approve the Personnel Resolution to add two (2) Workforce Development Analysts to the Workforce Investment Board allocation, effective pay period 23, October 19, 2014.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

25.         Request from Child Support Services to approve the Personnel Resolution to add one (1) Staff Analyst Service position. 

26.         Presentation given by the County Administrative Office regarding the proposed use of building space located at 2637 and 2500 W. Burrel Avenue, Visalia.  Provide direction to staff regarding the use of building space located at 2637 and 2500 W. Burrel Avenue, Visalia, and any other identified locations throughout the County necessary to meet the County’s space requirements.

 (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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Board of Supervisors Agenda Item today pertaining to Marilu Lopez appeal of denial of renewal of adult-oriented business license

 

Details

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION 

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

Number of Potential Cases: 1

Appeal of Special Use Permit No. PSP 14-035 (Longbow, LLC)

 

Details

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

 

Details

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

 

 

Details

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Descriptions: APN 200-020-002, APN 200-040-003 

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Paul Nunes

Under Negotiation:  Price, Terms of Payment

Details

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Descriptions: 255 E. Olive, Porterville, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Plano Properties

Under Negotiation:  Price, Terms of Payment

 

Details

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Descriptions: 643 N. Westwood, Porterville, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Sierra View Local Healthcare District

Under Negotiation:  Price, Terms of Payment

 

Details

ITEM H

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

(Government Code Section 54957)

FOR THE POSITION OF:  Resource Management Agency Director

 

Details

ITEM I

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

(Government Code Section 54957)

FOR THE POSITION OF:  Department of Child Support Services Director

 

 

Details

ITEM J

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean M. Rousseau

Employee Organization:  All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees except Elected.

 

 

Details

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