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 28, 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 Center of Digital Government and National Association of Counties to present an award to Information & Communications Technology for using technology to improve services and boost efficiencies.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from the Treasurer-Tax Collector to continue the public hearing from October 7, 2014 regarding the denial of the appeal filed by Marilu Lopez regarding an Adult Oriented Business License, per Tulare County Ordinance Code Sections 6-03-1050.

 

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 27)

 

 

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.

 

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

5.            Select the percentage change in Tulare County's assessed valuation attributable to non-residential new construction, which is 4.18% as the cost-of-living factor for the Gann Appropriations Limit calculation for the Fiscal Year 2014/15.

6.            Approve an amendment to Agreement No. 22570 with Dominion Voting Systems, Inc. for WinEDS software license.

Board of Supervisors

7.            Ratify Proclamation honoring Jim Vidak as the Pro-Youth Legacy Honoree for his dedication to the Youth of Tulare County.

Child Support Services

8.            Approve the Plan of Cooperation with the California Department of Child Support Services, retroactive to October 1, 2014 through September 30, 2015.  Authorize the Director of the Tulare County Department of Child Support Services to sign the Plan of Cooperation.

County Administrative Office/General Services

9.            Approve a resolution supporting Proposition 1 Water Quality, Supply, and Infrastructure Improvement Act of 2014.

10.         Proclaim Court Adoption and Permanency Month this year from November 1 through November 30, 2014 in Tulare County.

Health & Human Services Agency

11.         Approve an agreement with the California Department of Public Health BRACE in an amount not to exceed $9,400, 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

12.         Approve an agreement with the State Water Resources Control Board for funding of the Local Oversight Program that provides for local oversight of the investigation and remediation of leaking underground storage tanks in Tulare County, 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.

Human Resources & Development

13.         Approve the Memorandum of Understanding between the County of   Tulare and the Government Lawyers Association of Workers, Bargaining Unit 8, 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 Resolution amending the Attorney, DA/PD V-N to Attorney-Senior, DA/PD and the Attorney, Child Support V-N to Attorney-Senior, Child Support.

Information & Communications Technology

14.         Approve an amendment to Agreement No. 26041 with Tyler Technologies, Inc. to extend the project timeline to a completion date of December 19, 2014 and to extend the end date of the agreement to February 28, 2015, retroactive to October 24, 2014.

15.         Approve the purchase of an additional 30 user licenses with ServiceNow in the amount of $19,195 to implement new automated functionality for Health & Human Services Agency Fiscal for the period of November 3, 2014 to July 10, 2015.

Resource Management Agency

16.         Approve an agreement with Biggs Cardosa Associates in the amount of $328,000 to provide professional engineering consulting services for the Rancheria Creek Bridge Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

17.         Approve an agreement with Biggs Cardosa Associates in the amount of $313,000 to provide professional engineering consulting services for the Traver Canal Bridge Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

18.         Approve an agreement with Biggs Cardosa Associates in the amount of $330,000 to provide professional engineering consulting services for the Sand Creek Bridge Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

19.         Approve an agreement with Cornerstone Structural Engineering Group in the amount of $861,000 to provide professional engineering consulting services for the Mineral King Bridge Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

20.         Approve an agreement with Dokken Engineering in the amount of $74,000 to provide professional environmental consulting services for the Sand Creek Bridge Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

21.         Approve an agreement with Dokken Engineering in the amount of $163,000 to provide professional environmental consulting services for the Rancheria Creek Bridge Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

22.         Approve an agreement with Dokken Engineering in the amount of $59,000 to provide professional environmental consulting services for the Traver Canal Bridge Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

23.         Approve an agreement with Galvin Preservation Associates in the amount of $348,000 to provide professional environmental consulting services for the Mineral King Bridge Project.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

24.         Authorize submittal of a California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant Application for $326,150 to complete a State Route 65 Corridor Transportation Plan.  Authorize the commitment and expenditure of $37,409 from the General Fund, to be used as local match for the grant application.  Authorize the Chairman of the Board to sign the application and accompanying documents on behalf of the County.  Authorize and direct the County Administrative Officer to act on the County’s behalf in all matters pertaining to this application.  Authorize the Chairman of the Board, or designee(s), to execute, in the name of the County of Tulare, the Funds Transfer Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by Caltrans for participation in the grant program, subject to County Counsel approval as to form.  Authorize and direct the RMA Director, or designee(s), to submit Funds Requests and other program-supporting documentation.

25.         Approve an application submittal to the State Water Resources Control Board for Clean-Up and Abatement Account Interim Emergency Drinking Water Drought Funds in the amount $1,000,000 to purchase and deliver bottled drinking water to schools and daycares that are considered disadvantaged and have documented contamination of their water supply, retroactive to August 7, 2014.  Certify that the County had the authority to submit the application and that it was in the County’s best interest to submit the application on that date.  Authorize and direct the County Administrative Officer, or designee, to act on the County’s behalf in all matters pertaining to this application.  Authorize and direct the Chairman of the Board to enter into and sign the Funding Agreement, and any subsequent amendments thereto, with the State of California for the purpose of this grant, subject to County Counsel approval as to form.  Authorize and direct the Resource Management Agency Director or Economic Development Manager to perform the following:  a) Serve as Grant Administrator; b) Sign fund requests for reimbursement; c) Sign the Project’s Budget and Expenditure Summary; d) Sign the Certification of Project Completions; and e) Sign the Final Release Form.  Approve the necessary budget adjustments and authorize the Tulare County Auditor to make budget adjustments (4/5th vote required).  Authorize the Purchasing Agent to waive the bid process and enter into commodity contracts with approved, available vendors with readily available supplies.

26.         Authorize the filing of four Notices of Partial Non-Renewal for the following Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from one lot line adjustment and three tentative parcel maps:  PNR 14-019 – Williamson Act Contract No. 6585, Ag Preserve No. 2136 located at South side of Avenue 252, approx 0.5 miles east of Road 56 (Batti), (1.8 acres from 58.7 acres to be non-renewed as a condition of PLA 14-025) 58.7 acres subject to contract amendment.  PNR 14-020 – Williamson Act Contract No. 8700, Ag Preserve No. 3048, located at 19926 Avenue 168, Porterville, CA 93257 (R. Gonzalez), (2.31 acres from 19.34 to be non-renewed as a condition of PPM 14-024), 19.34 acres subject to contract amendment.  PNR 14-021 -- Williamson Act Contract No. 12473, Ag Preserve No. 3822 located at 42336 Road 48, Reedley, CA  93654 (Wall), (3.85 acres from 19.64 to be non-renewed as a condition of PPM 14-013), 19.64 acres subject to contract amendment.  PNR 14-022 – Williamson Act Contract No. 5107, Ag Preserve No. 1910 located at 14949 Road 216, Porterville, CA  93257 (Harms),  (2.78 acres from 68.26 to be non-renewed as a condition of PPM 14-020), 66.44 acres subject to contract amendment.  Approve the execution of amendments to the above Land Conservation Contracts.  A contract amendment will also be required for the following property, as a result of a tentative parcel map (PPM 14-009 (Gonzalez).  No nonrenewal is required for this property:  PPM 14-009 – Williamson Act Contract No. 10,216, Ag Preserve No. 3507 (Gonzalez, Natalia & Ruben), located at 12940 Avenue 428, Orosi, CA  93647, (35.71 acres subject to contract amendment) as a condition of approval for the aforementioned partial non-renewals.

Sheriff/Coroner

27.         Waive the second reading and adopt 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).  Direct the Clerk to publish the ordinance and post a full copy of the ordinance after adoption, as required by law.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.         Request from the Solid Waste Department to approve and authorize a Personnel Resolution creating one Accountant I/II/III position, effective November 2, 2014.

29.         Presentation regarding the District Attorney's office including an 18 month progress report and an overview of upcoming programs.

 (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

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

 

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

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

Name of Case:  Kristina Brooks v. County of Tulare, 

Tulare County Superior Court Case No. VCU254333

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

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

Name of Case:  Felemi, Tainali and Robert McDaniel v. County of Tulare, et al.

Tulare County Superior Court Case No. 257003

 

ITEM D

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

Details

(Government Code Section 54957)

FOR THE POSITION OF:  Department of Child Support Services Director

 

ITEM E

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