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 21, 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.             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 Mitigated Negative Declaration prepared for the 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 is applicable to the General Plan Amendment, Change of Zone and the Williamson Act Cancelation, as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Find there is no substantial evidence that said General Plan Amendment, Change of Zone and Williamson Act Cancelation will have a significant effect on the environment and determine that the Mitigated Negative Declaration pursuant to 14 California Code Regulations, 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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as recommended by the Planning Commission in Resolution 8990.  Direct the Environmental Assessment Officer of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk.  Determine that the cancellation is consistent with the purposes of the Williamson Act.  Determine and certify to the County Auditor the cancellation fee amount shall be $54,250.  The fee amount will be equal to 12.5% of the Current Fair Market Value of $434,000.  Adopt the conditions of approval for tentative cancellation.  Direct the Clerk of the Board to record a Certificate of Tentative Cancellation in the Office of the County Recorder.  Adopt the findings of approval for the General Plan Amendment and Change of Zone as set forth in the Planning Commission Resolution 8991. Waive the final reading and adopt the 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.  Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.

 

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 21)

 

 

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.

 

Board of Supervisors

4.            Appoint George Allen, Seat 8 - Family Member and Gail Jones, Seat 7 - Consumer to the Mental Health Board for terms ending December 31, 2016.

County Administrative Office/General Services

5.            Ratify actions taken by the County Administrative Officer during the month of September 2014 regarding Personnel/Payroll Changes and Good Works Funding agreements.

6.            Approve an amendment to Agreement No. 24827 with Superior Court of California, County of Tulare to extend the term of the agreement for County use of Sustain licenses, retroactive to September 6, 2014 through September 5, 2015 in the amount of $247,080.  Find that the Board had authority to enter into the proposed amendment to Agreement No. 24827, and that it was in the County’s best interest to enter into the amendment to Agreement No. 24827 on that date.

7.            Approve an agreement with Wayne S. and Karen L. Mancebo for a temporary construction easement for the Road 148/Outside Creek Bridge Re-construction project in the amount of $500.  Direct the Auditor to draw a warrant in the amount of $500 in favor of Wayne S. and Karen L. Mancebo.

8.            Suspend Tulare County Agreement No. 25787 with Hellmuth, Obata and Kassabaum, Inc. effective immediately, pursuant to Section 15 of the Agreement. Provide thirty day written Notice of Termination of Tulare County Agreement No. 25787 to Hellmuth, Obata, and Kassabaum, Inc., pursuant to Section 15 of the Agreement. Authorize and direct staff to provide letter of suspension and thirty day written Notice of Termination to Hellmuth, Obata, and Kassabaum, Inc., pursuant to Agreement No. 25787.

Health & Human Services Agency

9.            Authorize the Tulare County Health and Human Services Agency, Public Health Department to accept and spend a $2,000 grant award received from Target Stores for the purchase of books distributed via the Reach Out and Read Program currently in effect in Tulare County Healthcare Center(s).

10.         Approve an amendment to Agreement No. 26490 with the California Department of Health Care Services for the School-Based Medi-Cal Administrative Activities (SMAA) Program, retroactive to July 1, 2014 through June 30, 2017.  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 agreement on that date.

11.         Approve an agreement with the California Department of Public Health; Women, Infants, and Children Program in an amount not to exceed $4,797,797, retroactive to October 1, 2014 through September 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of October 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

12.         Approve an agreement with Plumas County to act as the host entity of the Local Government Agency over the Medi-Cal Administrative Activities (MAA) and Targeted Case Management Trust Fund to collect the appropriate participation fee for Fiscal Years 2014/2015 and 2015/2016, retroactive to July 1, 2014 through June 30, 2016. 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.

13.         Approve a Memorandum of Understanding between the California Department of Social Services, TALX Corporation, and the County of Tulare to provide TulareWORKs staff with access to an online employment and income verification system, effective October 21, 2014 through December 31, 2014 as a Pilot Program.

Human Resources & Development

14.         Approve a Side Letter of Agreement between the County of Tulare and the Service Employees International Union, Local 521, Bargaining Units 1, 2, 3, 4, 6, & 7, retroactive to October 6, 2014.  Find that the Board had authority to enter into the proposed agreement as of October 6, 2014, and that it was in the County’s best interest to enter into the agreement on that date.  Adopt the amended job specification of Dietitian I.

Resource Management Agency

15.         Approve Program Supplement No. 082-N to Administering Agency-State Agreement for Federal-Aid Project No.06-5946R for the Preliminary Engineering Phase of the Avenue 152 Safety Improvement project in the amount of $81,000.

16.         Approve Program Supplement No. 083-N to Administering Agency-State Agreement for Federal-Aid Project No.06-5946R for the Preliminary Engineering Phase of the Safety Improvement Project at Fifty Seven (57) Stop Controlled Intersections at Various Locations in the amount of $72,000.

17.         Approve the designation of a Multi-Way STOP at the intersection of Main Street (D126A) and Terra Bella Avenue (A96) as a controlled intersection.  Authorize the installation of STOP signs on Main Street (D126A) at the intersection of Terra Bella Avenue (A96) in accordance with the provisions of Section 2B.07 of the 2012 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

Sheriff/Coroner

18.         Approve a capital asset purchase of a full size pick-up truck not to exceed $40,000.  Approve the necessary budget adjustments (4/5ths vote required).

19.         Approve the first amendment to Agreement No. 26035 with Global Tel*Link to add details for the provision of video visitation services and to extend the term of the agreement through April 30, 2020.  Approve the second amendment to Agreement No. 26035 with Global Tel*Link for the provision of telephone services for inmates incarcerated at the Sheriff’s detention facilities, retroactive to February 6, 2014, to comply with regulatory changes implemented by the Federal Communications Commissions.  Find that the Board had the authority to enter into the proposed Second Amendment as of February 6, 2014, and that it was in the County’s best interest to enter into the amendment on that date.

20.         Approve an agreement with the United States Department of Justice, Office on Violence Against Women to accept grant funding in the amount of $300,000 to operate the Safety and Accountability in Family Environments Program, retroactive to October 1, 2014 through September 30, 2017.  Find that the Board had authority to enter into the proposed agreement as of October 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).

21.         Introduce and waive the first reading of an Ordinance adding Chapter 13 to Part I of the Ordinance Code of Tulare County pertaining to the mandatory testing of criminal defendants for the human immunodeficiency virus (HIV).  Set the second reading for October 28, 2014.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

22.         Request from the Sheriff's Department to approve a Personnel Resolution to increase the position allocation to add one Sheriff’s Pilot.

23.         Presentation regarding an overview and update of the Public Defender Department.

24.         Request from the Auditor's Department to adopt the Tulare County Disclosure Policy.

25.         Presentation given by the Office of Emergency Services regarding impacts of the 2014 drought and response actions to date; and provide direction to staff in regards to future expenditures and response actions.

 (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

Public Hearing regarding Amendment to Ordinance No.  352, Tulare County Zoning Ordinance, for Change of Zone No. PZ 13-003 from AE-40 to C-3 on approximately 38 acres APN 110-190-014 located on Avenue 296 adjacent to the City of Farmersville.  Adopt the Mitigated Negative Declaration; Determine Cancellation Is Consistent with Williamson Act; see Board of Supervisors Agenda October 21, 2014

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1 

Suspend and Terminate the Hellmuth, Obata and Kassabaum Architectural Services.  See Board of Supervisors Agenda October 21, 2014

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property Descriptions: 5300 W. Tulare Avenue, Visalia, CA  

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Weingart Foundation

Under Negotiation:   Price, Terms of Payment

ITEM D

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.,

United States District Court Eastern District Case No. 1:14-CV-01225-MJS

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.,

United States District Court Eastern District Case No. 1:14-CV-01236-GSA

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  Linda Anaya v. County of Tulare, 

Workers’ Compensation Appeals Board Numbers: 

ADJ8016992 (10/20/2010); ADJ9528399 (4/1/09); ADJ9468445 (9/4/01) ADJ-Unassigned (DOI: 03/19/2012)

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 LABOR NEGOTIATOR

Details

(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

Ne