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
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Board of Supervisors
Agenda |
JEAN M. ROUSSEAU County Administrator
KATHLEEN BALES-LANGE County Counsel
Chief Clerk
ADMINISTRATION BUILDING 2800 W. Burrel Avenue Visalia, CA 93291 (559) 636-5000 FAX (559) 733-6898 |
9:00 A.M. Board Convenes
Board of Supervisors Chambers
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 Dr. Sarah Ramirez, Foodlink, regarding Stuff the Trolley Campaign.
3. Request from Health and Human Services Agency to designate November 2014 as Adoption Awareness Month in Tulare County.
(Timed Items)
5. PUBLIC HEARING: Request from Resource Management Agency to certify that the Final Program Environmental Impact Report for the Cottonwood Creek Integrated Resource Management Program complies with the California Environmental Quality Act, and the state CEQA Guidelines, for the Implementation of the California Environmental Quality Act. The Program is intended to protect areas around the County facilities surrounding the Juvenile Detention Facility and the communities of Yettem and Seville from severe flooding by nearby ditches and Cottonwood Creek. Approve the Resolution including, in part, the following: a) Describing the Project in the Final Environmental Impact Report; b) Finding that significant impacts could result from the Project, but are mitigated to a level that is less than significant by Project features or deliberate mitigation measures; and c) Approving and adopting the Mitigation Monitoring and Reporting Program. Authorize the Environmental Assessment Officer, or designee, of the Resource Management Agency, to sign and file the Notice of Determination with the Tulare County Clerk.
6. PUBLIC HEARING: Request from Resource Management Agency to hold a Public Hearing regarding the closeout of Community Development Block Grant No. 12-CDBG-8419 and proposed use of Program Income funds. Approve the Final Grantee Performance Report for the 12-CDBG-8419 grant and authorize the Chairman of the Board to sign the report for submittal to the State Department of Housing and Community Development. Authorize the County Administrative Officer to sign the final closeout certification documents. Authorize submittal of all signed closeout documents to the State Department of Housing and Community Development.
(Consent Calendar)
CONSENT CALENDAR (Number 7 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. |
Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector
7. Approve an agreement with Western Riverside Council of Governments (California Hero Program) to collect and distribute special assessments on the Secured Property Tax Roll.
8. Appoint Arthur Pena, Member 12, Solid Waste Committee - Non Voting seat to the Agricultural Policy Advisory Committee for a term ending June 30, 2018.
9. Reappoint Donald Jackson to the Atwell Island Water District for a term ending December 3, 2017.
10. Appoint David Anderson, District 3 - Consumer seat to the Community Health Center Board for a term ending April 18, 2018.
11. Reappoint Irene Rodrigues, Tenant Commissioner to the Tulare County Housing Authority for a term ending December 18, 2016. Reappoint Ken Snyder, District 1 - Regular Commissioner to the Tulare County Housing Authority for a term ending December 18, 2018.
12. Reappoint Lyman W. Whitlatch, District 3 to the Tulare County Planning Commission for a term ending December 31, 2018.
13. Appoint the following individuals in Lieu of Election for Full-Terms ending December 7, 2018:
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Goshen Community Service District |
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Michelle Denise Pierro - Director |
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Darrel Key - Director |
Guadalupe Rodriguez III - Director |
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Carmen Valdez - Director |
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Maria Jimenez - Director |
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Tipton Community Services District Dir. |
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Kings River Conservation |
Janice McKay - Director |
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Norman Waldner - Director Div. No. 1 |
Jerry Stover - Director |
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Marvin Holder - Director |
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Alta Healthcare District |
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Kaweah Delta Health Care District |
Yvette Botello - Zone No. 3 |
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Marilynn Mirviss - Director - Zone No. 2 |
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North Kern-South Tulare Hospital |
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Sierra View Local Hospital |
Cheryl Burk - Director - Seat 2 |
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Ashok Behl - Director |
Bradford Barker - Director - Seat 3 |
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Kent Sorrels - Director |
Eddie Ahumada - Director - Seat 1 |
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Tulare Local Health District |
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Dinuba Memorial Dist. |
Richard Torrez - Director 2 |
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Alvaro G. Gonzalez - Director No. 1 - Veteran |
Parmod Kumar - Director 4 |
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Jack Haldeman - Director No. 2 - Veteran |
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Orosi Memorial District |
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Porterville Memorial District |
Leo Gonzalez - Director No. 1 - Non-Veteran |
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Edward S. Flory - Director No. 1 - Veteran |
Gabriel Pena - Director No. 3 - Veteran |
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Francisco Nuno - Director No. 2 - Veteran |
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Springville Memorial District |
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Terra Bella Memorial District |
Jerry McCleary - Director No. 4 - Non-Veteran |
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Ruben Cantreras - Director No. 3 - Veteran |
David Eshelman - Director No. 5 - Veteran |
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Veronica Lopez - Director No. 2 - Non-Veteran |
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Ivanhoe Public Utility District |
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Tulare Memorial District |
Gerardo Sanchez - Director - Seat 4 |
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George Maness - Director No. 1 - Non-Veteran |
Marcus Sanchez - Director - Seat 5 |
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Albert Sa - Director No. 2 - Non-Veteran |
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Visalia Memorial District |
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Pixley Public Utility District |
Roberto Cadena - Director No. 1 - Non-Veteran |
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Ronnie Prine - Director - Seat No. 2 |
Amador Garcia - Director - Non-Veteran |
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Ramon Cisneros - Director - Seat No. 3 |
County Administrative Office/General Services
14. Approve a letter for Federal drought relief.
15. Approve an agreement for a Temporary Construction Easement from Douglas W. DeGroff and Alison R. DeGroff for the Road 148/Outside Creek Bridge Re-construction Project in the amount of $2,000. Direct the Auditor to draw a warrant in the amount of $2,000 in favor of Douglas W. DeGroff and Alison R. DeGroff.
Health & Human Services Agency
16. Reaffirm the Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
17. Approve an addendum to Memorandum of Understanding No. 23067 with Blue Cross of California to expand the array of Medi-Cal mental health services available to Medi-Cal beneficiaries, retroactive to January 1, 2014. Find that the Board had authority to enter into the proposed addendum as of January 1, 2014, and that it was in the County’s best interest to enter into the addendum on that date.
18. 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 $3,000,000, 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).
19. Approve an agreement with Tulare Youth Services Bureau, Inc. for the Full Service Partnership Children’s Program in an amount not to exceed $990,000 to provide mental health services, retroactive to October 1, 2014 through June 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.
20. Approve a Memorandum of Understanding between the County of Tulare and the Services Employees International Union, Local 521, Bargaining Unit 2, 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.
21. Approve the Administrative Services Agreement with Chimienti & Associates Insurance Services to perform administrative services related to the Tulare County Section 125 Plan for the period of January 1, 2015 through December 31, 2015.
22. Approve the Insurance Consulting Services Agreement (Exhibit A) with Gallagher Benefit Services for the period of January 1, 2015 through December 31, 2015.
23. Approve an agreement with the California Franchise Tax Board for court ordered debt collections for the period of December 1, 2014 through November 30, 2017.
24. Accept the required public improvements for Phase 2 of Subdivision Tract No. 792, located east of Road 72 and south of Avenue 308, west of the City of Visalia as complete and accept the roads into the County Road System.
25. Authorize the Chairman of the Board of Supervisors to a sign letter of commitment to participate in the Promise Zone.
26. Authorize the Tulare County Auditor to make budget adjustments for the Transit Fund (040) and Road Fund (014) as summarized on the Budget Adjustment Form (4/5ths vote required).
27. Authorize the Resource Management Agency Director, or designee, to seek funds from the Tulare County Association of Governments for the Complete Streets Policy Program; and if such funds are awarded, then authorize Resource Management Agency to publish a request for qualifications or request for proposal, consistent with federal and state requirements, for consultant assistance to help prepare Complete Streets Policy Plans for specific community streets.
28. Approve the Measure R Program Supplement to Cooperative Agreement for the Avenue 416 Kings River Bridge Riparian Re-vegetation and Restoration project in the amount of $106,327. Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.
29. Authorize the filing of Notice of Partial Nonrenewal for the following two Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from the approval of two tentative parcel Map projects. Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned partial non-renewals; and authorize the Chairman to sign the amendments to the Williamson Act Contracts.
PNR 14-016 – Williamson Act Contract No. 4839, Ag Preserve No. 1584, located on the east side of Road 40 at the Avenue 390 alignment, southwest of Dinuba (Bradley Olson), (a 1-acre homesite from 20 acres to be non-renewed as a condition of PPM 14-008) 20 acres in two parcels subject to contract amendment.
30. Authorize the filing of a Notice of Partial Nonrenewal for the following one Land Conservation Contract as provided in the Williamson Act. The request fulfills a condition resulting from the approval of one lot line adjustment map. Approve the execution oa an amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial nonrenewal; and authorize the Chairman to sign the amendment to the Williamson Act Contract.
31. Adopt the Complete Streets Policy Plan for the Pixley Community Planning Area and authorize transmittal to the Tulare County Association of Governments. Authorize the Resource Management Agency to seek funding for construction and related matters involving this project.
32. Introduce and waive the first reading of an Amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No. PZ 06-008, from AE-40 (Exclusive Agriculture-40 acre minimum) to R-1 (Single Family Residential) on approximately 77.16 acres of Assessor's Parcel Number (APN) 315-010-009, to construct 190 homes in seven phases on approximately 44.95 acres, located at the southeast corner of Road 128 and Washington Street within the community of Earlimart. Set the Public Hearing for December 2, 2014 at 9:30 a.m. or shortly thereafter as can be heard.
33. Approve the Capital Asset purchases for one (1) Robotic Total Station ($45,000) and one (1) Digital Level ($6,000). Authorize the Tulare County Auditor to make budget adjustments for the Road Fund (014) as summarized on the Budget Adjustment Form (4/5ths vote required).
(Items Not Timed)
Items not specifically timed may be taken in any order
34. Request from District Attorney to approve the Personnel Resolution to delete one (1) existing Legal Office Assistant position and add one (1) Media Specialist position. Approve the revised Media Specialist job description.
35. Request from the Probation Department to authorize the preparation of an application for funding from Round Two of SB 81 Construction of Local Youthful Offender Rehabilitative Facilities for Fiscal Year 2014/15, as administered by the Board of State and Community Corrections, in the amount of $3,000,000, with a required minimum cash match of 10% or $300,000, and an in-kind match of 15% or $450,000.
36. Presentation given by the Purchasing Department regarding Fiscal Year 2013/2014 accomplishments.
(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
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 2
Public Hearing to Certify Final Program Environmental Impact Report for the Cottonwood Creek Integrated Resource Management Program and Approve Mitigation Monitoring and Reporting Program. See Board of Supervisors Agenda November 4, 2014.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Hold a Public Hearing regarding the Closeout of Community Development Block Grant No. 12-CDBG-8419 and Proposed Use of Program Income Design Phase. See Board of Supervisors Agenda November 4, 2014.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: Laurie DiGiantomasso, et al. vs. County of Tulare, et al.
U.S. District Court No. 1:14-cv-01633-GSA
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: Humberto Saldana-Plascencia vs. Colleen Mestas and Tim Ward
Tulare County Superior Court Case No.: VCU257194
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Details
(Government Code Section 54957)
FOR THE POSITION OF: Department of Child Support Services Director
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Details
(Government Code Section 54957)
FOR THE POSITION OF: County Librarian
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
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