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


 

October 23, 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.                  Public Comments.

2.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the Resource Management Agency to consider the vacation of excess right of way on the west side of Ben Maddox Way from 450 feet north of to 1,185 feet south of Karolina Drive northeast of Visalia. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted State of California CEQA Guidelines Section 15061 (b)(3) and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Determine that the hereinbefore described right of way is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate the aforementioned right of way subject to reserving public utility easements for public utility companies within the vacated road right of way. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor Clerk/Recorder.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 17)

 

 

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.                  Adopt amendments to Rule 23 of the Rules of Procedure for the Assessment Appeals Board.

Cooperative Extension

5.                  Approve an agreement with the California Department of Food and Agriculture in an amount up to $28,534 for providing services in support of Tulare County Weed Management Area for Detection, Eradication and Containment of Yellow Starthistle at the Eastern Leading edge of the Sierra Nevada Foothills of Tulare County, retroactive to July 1, 2012 through June 30, 2014. 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.

County Administrative Office

6.                  Approve an agreement with the City of Woodlake in the amount of $41,224 to provide full-time dispatch services for the period of November 1, 2012 to June 30, 2013. Approve the necessary budget adjustments. (4/5ths vote required)

7.                  Approve an amendment to Agreement No. 24827 with Superior Court of California, County of Tulare relating to the Court Case Management System, retroactive to September 8, 2012 through September 6, 2013. Find that the Board had authority to enter into the proposed amendment and that it was in the County's best interest to enter into the amendment on that date.

Health & Human Services Agency

8.                  Approve the Annual Certification Statements for California Children's Services (CCS) and Child Health and Disability Prevention (CHDP) for Fiscal Year 2012/2013, retroactive to July 1, 2012. Find that the Board had authority to approve the Annual Certification Statements as of July 1, 2012, and that it was in the County's best interest to approve the statements on that date.

9.                  Approve an amendment to Agreement No. 25225 with Cordes Consulting, Inc. to provide consulting and supportive services for the CalWIN Modernization implementation, Compass Appointments System Upgrade, TulareWORKs Service Center Model Expansion Project, and In Home Supportive Services Case Management Information and Payrolling System in an amount not to exceed $198,900 from November 1, 2012 through April 30, 2014.

10.             Approve an amendment to Agreement No. 25333 with Traditions Psychology Group d.b.a. Traditions Behavioral Health in an amount not to exceed $200,000 for the provision of acute psychiatric inpatient professional services for Short-Doyle patients and Medi-Cal beneficiaries, 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.

Human Resources & Development

11.             Introduce and waive the first reading of an Ordinance to amend Section 1-09-1020 of Part 1 of the Ordinance Code of Tulare County providing retirement service credit for accumulated sick leave. Approve the summary of the Ordinance and direct the Clerk of the Board to publish the summary and post a certified copy of the complete Ordinance five (5) days prior to adoption. Set the second reading for November 6, 2012.

Resource Management Agency

12.             Approve the Consultant Agreement with VRPA Technologies, Inc. in the amount of $156,793 to prepare the Goshen Transportation and Community Plan integrating a collaborative approach addressing pedestrian and transportation deficiencies found in the community and determining appropriate land use, pedestrian, and transportation patterns within the affected community.

13.             Introduce and waive the first reading of an Ordinance amending Section 3-01-1095, "Goshen" of Article 3, Chapter 1, Part III of the Ordinance Code pertaining to speed limits. Set the second reading for November 6, 2012.

14.             Authorize the Capital Asset purchase of nine diesel engine retrofits for RMA-Roads Division. Approve the necessary budget adjustments. (4/5ths vote required)

15.             Authorize the filing of Notices of Partial Non-Renewal for the following five (5) Land Conservation Contracts as provided in the Williamson Act. These requests fulfill conditions resulting from the approval of tentative parcel maps. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals:

PNR 11-021 - Williamson Act Contract No. 6428, Ag Preserve No. 1820, located on Avenue 228, mile west of Road 140, east of the City of Tulare (Laurence E. and Dana M. Fink) (1.07 acres from 68 acres non-renewed as a condition of Tentative Parcel Map No. PPM 10-049), 68 acre parcel (APN 195-120-022) subject to contract amendment.

 

PNR 11-027 - Williamson Act Contract No. 4588, Ag Preserve No. 1268, located west of the City of Porterville on Avenue 168, 1 miles west of Road 192 (Ivan J. and Ruth H. Ball) (3.99 acres net from 78.95 acres non-renewed as a condition of Tentative Parcel Map No. PPM 11-012) 78.95 acres (APN 236-120-003) subject to contract amendment.

 

PNR 12-010 - Williamson Act Contract No. 3584, Ag Preserve No. 943, located on Road 152, south of Avenue 192, southeast of the City of Tulare (Duco and Laurie Sytsma) (3.57 acres from 40.74 acres non-renewed as a condition of Tentative Parcel Map No. PPM 11-011) 40.74 acres (APN 232-030-019) subject to contract amendment.

 

PNR 12-013 - Williamson Act Contract No. 4264, Ag Preserve No. 1133, located on Road 80 (Colpien Road) at Avenue 244 (Zumwalt Ave) between Avenues 240 and 248 west of the City of Tulare (Linda C. Mendonca) (1.0 acre from 311.82 acres non-renewed as a condition of Tentative Parcel Map No. PPM 11-048) 311.82 acres subject to contract amendment.

 

PNR 12-015 - Williamson Act Contract No. 3161, Ag Preserve No. 545, located west of Tipton on Avenue 152, mile east of Road 96 (Manuel and Geraldine Cardoza) (0.71 acres from 159 acres non-renewed as a condition of Tentative Parcel Map No. PPM 11-033) 159 acres subject to contract amendment.

 

16.             Ratify and approve an agreement with Moore Twining Associates in the amount of $6,921 for analytical laboratory services, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

Sheriff/Coroner

17.             Approve the Capital Asset purchase of a server for the Guard1 Plus Professional System in an amount not to exceed $6,000.

 

 

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

18.             Request from Resource Management Agency to authorize the extension of closure of the Balance Rock, Badger, and Kennedy Meadows Transfer Stations to January 1, 2013. Find that the transfer station closure extensions are exempt from the California Environmental Quality Act pursuant to the adopted State of California CEQA Guidelines Section 15061 (b)(3) and direct the Environmental Assessment Officer to sign and file the Notices of Exemption with the Tulare County Clerk.

(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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Malessa Trevino vs. County of Tulare

Workers' Compensation Appeals Board No. ADJ3377090

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Sierra Club vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249061

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: City of Porterville vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249043

Next Item(s) Sitting as...

ITEM D

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 adoption of Tulare County General Plan 2030 Update

Next Item(s) Sitting as...

ITEM E

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 F

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 G

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 H

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Wrongful Termination Action; DFEH/EEOC Complaint against County of Tulare and individual employees; Government Tort Claim by an employee against the County of Tulare

Next Item(s) Sitting as...

ITEM I

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...