MEMBERS OF THE BOARD

 

ALLEN ISHIDA - Chairman

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX 

District Three

 

J. STEVEN WORTHLEY 

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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

July 24, 2012

9:00 A.M. Board Convenes

 

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.                  Present Proclamation to Major David and Ruth Scott upon their retirement for their years of service to the Salvation Army Tulare Corps.

2.                  Presentation given by the Agricultural Commissioner/Sealer regarding the 2011 Tulare County Annual Crop and Livestock Report.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING:  Request from the Resource Management Agency to approve placement of Seville Water Company delinquent water service fees, delinquent penalties and Auditor's collection charges on the 2012/2013 tax rolls.

6.                  PUBLIC HEARING:  Request from the Resource Management Agency to approve placement of County Service Area No. 1 and County Service Area No. 2 delinquent sewer and water service fees, delinquent penalties and Auditor's collection charges on the 2012/2013 tax rolls.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

7.                  PUBLIC HEARING:  Request from the Resource Management Agency to approve placement of Terra Bella Sewer Maintenance District delinquent sewer service charges, delinquent penalties and Auditor's collection charges on the 2012/2013 tax roll.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 34)

 

 

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.

 

 

County Administrative Office/Capital Projects

8.                  Ratify actions taken by the County Administrative Officer during the month of June 2012.

9.                  Approve and adopt the AB 900 Phase II Jail Construction Funding Grant Site Assurance Resolution.

District Attorney

10.             Authorize the submission of a Community Awareness Program grant application for $4,989 from the National Association of VOCA Assistance Administrators to promote National Crime Victims' Rights Week in Tulare County during the week of April 21-27, 2013.


Health & Human Services Agency

11.             Approve the Tulare County Child Abuse Prevention Council's request for their annual funding in the amount of $40,000 from the County Children's Trust Fund for Fiscal Year 2012/2013.

12.             Approve an amendment to Agreement No. 24080 with the Department of Health Care Services for the Medi-Cal Administrative Activities Program, retroactive to July 1, 2009 through June 30, 2014.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2009, and that it was in the County's best interest to enter into the amendment on that date.

13.             Approve an amendment to Agreement No. 24233-B with the City of Porterville for the Recycle-Only Household Hazardous Waste Program, retroactive to July 1, 2012 through June 30, 2013.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2012, and that it was in the County's best interest to enter into the proposed amendment on that date.

14.             Approve an amendment to Agreement No. 25067 with Family Builders Care, Inc. in an amount not to exceed $300,000 to provide Therapeutic Behavioral Services, retroactive to July 1, 2012 through June 30, 2013.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2012, and that it was in the County's best interest to enter into the amendment on that date.

15.             Approve an agreement with Porterville Unified School District for Tulare County Health & Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2012 through June 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

16.             Approve an agreement with Star View Adolescent Center to provide Community Treatment Facility and Psychiatric Health Facility beds and related mental health treatment for the benefit of Tulare County patients in an amount not to exceed $120,000, retroactive to July 1, 2012 through June 30, 2013.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

17.             Approve a Memorandum of Understanding between the County of Tulare and the Service Employees International Union (SEIU).

18.             Approve a Memorandum of Understanding between the County of Tulare and the Tulare County District Attorney Investigators Association (TCDAIA).

19.             Approve a Memorandum of Understanding between the County of Tulare and the United Automobile, Aerospace, and Agricultural Implements Workers of America (UAW).


Information & Communications Technology

20.             Approve the renewal with NetApp in an amount not exceed $259,918 to provide use licenses and maintenance support for NetApp SupportEdge for the period of August 1, 2012 to July 31, 2013.

Resource Management Agency

21.             Introduce and waive the first reading of an Ordinance adding Chapter 27 to Part IV; adding Subsection (m) to Section 1-21-1000 (Issuance of Citations: Resource Management Agency) of Chapter 21 of Part I; and amending Section 1-23-1020(c)(1) (Administrative Enforcement Authority) of Part I, Chapter 23 of the Ordinance Code of Tulare County pertaining to Storm Water Quality and Regulation.  Set the second reading for August 14, 2012.  Direct the Clerk of the Board to publish a summary of the Ordinance before the second reading as required by law.

22.             Declare the intent to vacate Avenue 247 west of Road 212 north of Lindsay. Set a Public Hearing for August 28, 2012 at 9:30 a.m., or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned road.  Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

23.             Declare the intent to vacate Lincoln Avenue north of Avenue 416 in Orosi.  Set a public hearing for August 28, 2012 at 9:30 a.m., or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned road. Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

24.             Approve the Plans, Special Provisions, Proposal and Contract for the Construction of the Mountain Road 319 Bridge Replacement over the South Fork of the Kaweah River Project.  Authorize the Chairman of the Board to sign the Plans.  Approve the advertisement for bids for the Construction of the Mountain Road 319 Bridge Replacement over the South Fork of the Kaweah River Project.  Set the bid opening date for 2:00 p.m. on August 15, 2012.

25.             Approve the designation and installation of a two-way YIELD sign on Snowflake Drive legs of the Ponderosa Drive and Snowflake Drive intersection in accordance with Section 21356 of the California Vehicle Code.

26.             Approve an Operation and Maintenance Agreement with the City of Porterville for portions of Yates Avenue from 2nd Street to Roche Street, Roche Street from Yates Avenue to Worth Avenue, Worth Avenue from Roche Street to 425 feet east of the west quarter corner of Section 6, Township 22 South, Range 28 East, M.D.B.&M, and Plano Street from Worth Avenue to 900 feet north.  Authorize the Chairman to execute the Operation and Maintenance Agreement with the City of Porterville on behalf of the County of Tulare, subject to review and approval as to form by County Counsel.

27.             Approve a Measure R Program Supplement Agreement with the Tulare County Transportation Authority in the amount of $320,000 for funding of the construction of the Mountain Road 319 Bridge Replacement.

28.             Approve Program Supplement Agreement No. N063 in the amount of $209,000 with the California Department of Transportation for the period of August 1, 2012 to August 1, 2017 for the Avenue 392 Sand Creek Bridge project.

29.             Approve a letter agreement with the Arvin-Edison Water Storage District effective from July 24, 2012 to February 28, 2013 for the exchange of Cross Valley Canal Water for the 2012 water year.  Authorize the Chairman to sign the letter agreement subject to review and approval as to form by County Counsel.  Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the letter agreement.

Sheriff/Coroner

30.             Approve an agreement with First 5 Tulare County for the Gang Awareness Parenting Project in the amount of $489,917, retroactive to July 1, 2012 through June 30, 2015.  Accept grant funding in the amount of $489,917 from First 5 Tulare County for the three year period of July 1, 2012 through June 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

31.             Approve an agreement with Family Services of Tulare County in the amount of $329,197 to provide two parenting educators, retroactive to July 1, 2012 through June 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

32.             Approve additional income in the amount of $2,208 for the Region V Anti-Gang Intelligence-led Policing Program grant for the period of July 1, 2012 through June 30, 2013.

33.             Approve an agreement with United States Department of Justice, Drug Enforcement Administration for participation in the Drug Enforcement Administration Group 2 Task Force, for the period of October 1, 2012 through September 30, 2013.

34.             Approve an agreement with the United States Army Corps of Engineers for law enforcement services at Success Lake Recreation Area, retroactive to April 1, 2012, through no later than September 30, 2012.  Find that the Board had authority to enter into the proposed agreement as of April 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

35.             Request from County Administrative Office to approve a Memorandum of Understanding with Alta Irrigation District, Cutler Public Utility District, Orosi Public Utility District, East Orosi Community Services District, and Sultana Community Services District for Water Supply Safe Drinking Water Program Feasibility Study.


36.             Request from County Administrative Office to approve the Pilot Projects proposed by the Stakeholder Oversight Advisory Committee for the Tulare Lake Basin Hydrologic Region Disadvantaged Community Water Study.  Approve additional Stakeholder Oversight Advisory Committee meetings.

37.             Request from Resource Management Agency to approve Program Supplement Agreement No. N064 in the amount of $500,000 with the California Department of Transportation for the period of August 1, 2012 to August 1, 2017 for the Road 224 Deer Creek Bridge Project.  Approve the de-obligation of the Federal Emergency Management Agency project PW Ref No. TCCLC04 to replace the Road 224 Deer Creek low water crossing.  Authorize the County Administrative Officer to sign the letter to the Federal Emergency Management Agency requesting the de-obligation of the federal funding for the replacement of the Road 224 Deer Creek low water crossing.

38.             Request from Resource Management Agency to receive a report regarding the protest letters received protesting the user fee increase proposed for the El Rancho Sewer, Tonyville Sewer, Tooleville Sewer, Yettem Sewer, Wells Tract Sewer and Wells Tract Water zones of benefit in County Service Areas 1 and 2.  Acknowledge that a written protest against the proposed user fee increase was received from a majority of the owners/tenants of the properties affected by the proposed user fee increase in the El Rancho Sewer, Tonyville Sewer, Tooleville Sewer, Yettem Sewer, Wells Tract Sewer and Wells Tract Water zones of benefit.  Approve the user fees identified in Exhibit A with no change in the user fees that were adopted on July 20, 2010 as Resolution No. 2010-0594 for El Rancho Sewer, Tonyville Sewer, Tooleville Sewer, Yettem Sewer, Wells Tract Sewer and Wells Tract Water zones of benefit.

39.             Request from Resource Management Agency to direct staff to work with the Consolidated Waste Management Authority to develop a model sharps waste ordinance.  Consider additional options available to manage sharps waste as follows:  Option 1 - Develop an ordinance that deals with sharps waste in a different manner; or Option 2 - Do not develop a sharps waste ordinance.

40.             Presentation given by Resource Management Agency regarding an overview of the Sequoia Field Capital Improvement Program.

(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 (b)(1).)

Number of Potential Cases: 1

Place Seville Water Co. water service fees, delinquent penalties and Auditor collection charges on the 2012/2013 Tax Rolls. Board of Supervisors Public Hearing July 24, 2012

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 1

Place County Service Area No. 1 and County Service Area No. 2 water and sewer service fees, delinquent penalties and Auditor collection charges on the 2012/2013 Tax Rolls. Board of Supervisors Public Hearing July 24, 2012

Next Item(s) Sitting as...

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 1

Place Terra Bella Sewer Maintenance District sewer service fees, delinquent penalties and Auditor collection charges on the 2012/2013 Tax Rolls. Public Hearing July 24, 2012

Next Item(s) Sitting as...

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS


ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 8

Board of Supervisors July 24, 2012 Agenda Item pertaining to the Rate Adjustment of County Service Area Zones of Benefit

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 4

Threats of litigation in the public record regarding the proposed Tulare County General Plan 2030 Update and Draft Environmental Impact Report

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 1

Potential Litigation Regarding Opposition to the Tulare County Traffic and Facilities Development Impact Fee Program

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 9

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  Larry Micari vs. County of Tulare Workers’ Compensation Appeals Board Number: Unassigned (Claim Number CT-11-0510309)

Next Item(s) Sitting as...


ITEM L

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 1

Application for Leave to Present Late Claim filed by Victor Valadez regarding a traffic collision with San Joaquin Valley Railroad Engine

Next Item(s) Sitting as...

ITEM M

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  Edgar Saucedo vs. County of Tulare, et al. Tulare County Superior Court Case No. 12-246701

Next Item(s) Sitting as...

ITEM N

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  Tharp Family Limited Partnership vs. County of Tulare, et al., Tulare County Superior Court Case No. 247734

Next Item(s) Sitting as...

ITEM O

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 25

Next Item(s) Sitting as...

ITEM P

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative:  Jeff Cardell, Jean Rousseau

Employee Organization:  All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees except Elected

Next Item(s) Sitting as...