(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)
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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.
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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
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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
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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
