MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL -Chairman

District Two

 

PHILLIP A. COX -Vice Chairman

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

 

February 26, 2013

 

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.                  Request from Health and Human Services Agency to receive a presentation on the TulareCare Low Income Health Program, California's "Bridge to Health Care Reform". Approve the implementation of the TulareCare Low Income Health Program upon execution of the "Contract for Low Income Health Program" with the California Department of Health Care Services. Approve an agreement with the California Department of Health Care Services for Low Income Health Program, and authorize the Health and Human Services Agency Director or designee to sign four (4) copies on behalf of the Board. Approve a host agreement with Los Angeles County in the amount of $1,000 per year for a 2 year period. Approve an agreement with the Foundation for Medical Care with an initial cost of $75,000 and monthly fees of $16,500, terminating December 31, 2013. Approve the necessary budget adjustments (4/5ths vote required). Approve the Personnel Resolution to add four (4) Administrative Specialist II and two (2) Office Assistant IV positions.

2.                  Public Comments.

3.                  Board of Supervisors matters.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Fire Department to confirm the accounting as modified for Fire Hazard Abatement Cost Recovery. Order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such cost on the County Tax Roll as special assessments against the respective parcels of land.

5.                  PUBLIC HEARING: Request from Resource Management Agency to certify that the Mitigated Negative Declaration for the Road 148 Outside Creek Bridge Replacement Project is complete and adequate and has been completed in compliance with the California Environmental Quality Act and the State California Environmental Quality Act Guidelines. Find that the Project is accurately described in the Mitigated Negative Declaration. Approve the Project as described in the Mitigated Negative Declaration. Find 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. Approve and adopt the Mitigated Negative Declaration, including the accompanying Mitigation Monitoring Plan. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Determination with the County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 26)

 

 

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.

 

 

 

Agricultural Commissioner/Sealer

6.                  Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $301,832 to offset costs of providing Asian Citrus Psyllid detection trapping services, retroactive to October 1, 2012 through September 30, 2013. Find that the Board had authority to enter into the proposed Agreement as of October 1, 2012, and that it was in the County's best interest to enter into the Agreement on that date.

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

7.                  Establish the 2012/2013 GANN Appropriations Limit for the County to be $3,024,815,414.

Board of Supervisors

8.                  Adopt the Form 806: Public Official Appointments as required by the Fair Political Practices Commission Regulation 18705.5.

9.                  Ratify Proclamation honoring Roche Oil for 50 years of business in Tulare County.

10.             Reappoint Diana Pearcy, Unincorporated Cities and John P. Binaski, County Fire Chief's Association to the Independent Ambulance Compliance Committee for terms ending December 31, 2014.

11.             Reappoint Thomas C. Brodersen, Member-County Bar to the Tulare County Law Library for a term ending December 31, 2013.

12.             Reappoint Erma Montion, Community Health Board to the Health Advisory Committee for a term ending February 1, 2016.

13.             Appoint Sharon Herbert, At-Large Member to the Tulare County Library Advisory Board for a term ending December 31, 2016.

14.             Appoint Jeff Scott, County Department Head to the Tulare County Museum Board.

County Administrative Office

15.             Ratify the actions taken by the County Administrative Officer during the months of December 2012 and January 2013.

16.             Allow the Civil War Reenactment at Mooney Grove Park, including the discharge of firearms (limited to blank ammunition), on February 28 to March 3, 2013 and future reenactments. Allow overnight camping during the events by participants. Allow the use of fire pits during the events by participants.

Health & Human Services Agency

17.             Approve an amendment to Agreement No. 25619 with Star View Adolescent Center to provide Community Treatment Facility, Psychiatric Health Facility, and Therapeutic Behavioral Services beds and related mental health treatment for the benefit of Tulare County patients in an amount not to exceed $160,000 (the maximum amount of the total agreement not to exceed $280,000), 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.

18.             Approve an amendment to Agreement No. 23197 with Central Valley Recovery Services, Inc: Pine Recovery Center, New Visions, Mothering Heights, New Heights and New Hope in the amount of $124,149 (the maximum amount of the total agreement not to exceed $1,831,078 for Fiscal Year 2012/2013) to provide continued alcohol and drug recovery services through the end of the Fiscal Year 2012/2013, retroactive to January 1, 2013 through June 30, 2013. Find that the Board had authority to enter into the proposed amendment as of January 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

19.             Approve an agreement with Decade Software Company, LLC. in an amount not to exceed $324,378 for License and Support Fees for Envision and Envision Connect software products, retroactive from July 1, 2012 through June 30, 2016. 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.

Probation

20.             Approve an agreement with The PAAR Center in the amount of $150,000 to provide offenders recently realigned under State legislature continued Residential Treatment and Training Services, including Outpatient Services, retroactive to January 1, 2013 to June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of January 1, 2013, and that it was in the County's best interest to enter into the agreement as of that date.

Resource Management Agency

21.             Authorize the filing of Notices of Partial Non-Renewal for four (4) Land Conservation Contracts as provided in the Williamson Act. Three of the requests fulfill conditions resulting from the creation of one parcel map and the approval of two lot-line adjustments. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

22.             Ratify and approve submittal of a State of California Department of Public Health application for $50,000 to finance the installation of a water vending machine at the Stone Corral School pursuant and subject to all of the terms and provisions of The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Costal Protection Bond Act of 2006 (Proposition 84) and all amendments thereto. Find that the Board had authority to submit the application as of February 12, 2013, and that it was in the County's best interest to submit the application on that date. Certify that the County has the authority to construct, operate, and maintain the water vending machine. Certify that the County desires to enhance the provision and protection of the drinking water supplied to the community of Seville. Authorize and direct the Chairman of the Board to cause the necessary data to be prepared, investigations to be performed and application to be signed and filed with the State of California.

23.             Accept the work for the construction of Road 80 Phase 2 from Avenue 384 to Avenue 416 as complete by Emmett's Excavation, Inc. of Clovis, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

24.             Approve Program Supplement No. K16 to Administering Agency-State Agreement for Project No. 00120S for design of pedestrian improvements along Road 126, along the east side from Miller Avenue to north of Avenue 419 which is located in front of Orosi High School campus. Authorize the Chairman to sign Program Supplement No. K16 on behalf of the County of Tulare.

 

25.             Approve an amendment to Agreement No. 25114 with the California Department of Fish and Game that allows the construction contractor to perform night work by using artificial lighting as necessary to complete the construction of the Avenue 416 Kings River Bridge Replacement Project, retroactive to November 27, 2012. Find that the Board had the authority to enter into the proposed agreement as of November 27, 2012, and that it was in the County's best interest to enter into the agreement on that date. Authorize the Chairman to sign the amendment to the agreement, subject to review and approval as to form by County Counsel.

Sheriff/Coroner

26.             Accept an operational agreement with the Merced County Sheriff's Department for $4,496 under the Region V Anti-Gang Intelligence-Led Policing Program (RILP), retroactive to November 1, 2009 through September 30, 2012. Find that the Board had authority to enter into the proposed agreement as of November 1, 2009, 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

 

27.             Request from the Agricultural Commissioner/Sealer to approve the Personnel Resolution to expand the flexible allocations within the Agricultural Commissioner Department to change twenty (20) Agricultural & Standards Inspector Trainee, I, and II positions to Agricultural & Standards Inspector III allocations.

28.             Request from the Sheriff's Office to approve a Personnel Resolution to add one (1) Deputy II to the Sheriff's Position Allocation, retroactive to October 1, 2012 for the South Valley Marijuana Suppression Program.

29.             Request from Resource Management Agency to approve reclassification of position #2532 and incumbent from Administrative Aide, to Staff Services Analyst I/II. Approve the deletion of position #7273 (Staff Services Analyst III) from Budget 045-235-2000 (Solid Waste Enterprise) and add position #7273 (Staff Services Analyst III) to Budget 014-225-2300 (Road Fund).

30.             Request from Resource Management Agency to amend the Agricultural Policy Advisory Committee's Bylaws, specifically Chapter II, Section B.3(e), as follows: The Committee may declare vacant the position of an appointed member who fails to attend three or more meetings in a calendar year without good and sufficient reason as determined by a majority vote of the Committee after the member's failure to attend three (3) consecutive regular meetings.

31.             Request from Resource Management Agency to receive recommendations of the Agricultural Policy Advisory Committee. Approve the revised solar policy regarding citing of utility scale solar facilities as recommended by the Agricultural Policy Advisory Committee.

32.             Receive a report from Resource Management Agency regarding the Solid Waste Enterprise Fund.

(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 (d)(1)]

Name of Case: Martina Robles vs. Jannelle Cornelia Malek, County of Tulare and Does 1 through 50

Tulare County Superior Court Case Number VCU249429

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Sierra Club vs. County of Tulare, et al. Tulare County Superior Court Case Number 249061

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: City of Porterville vs. County of Tulare, et al. Tulare County Superior Court Case Number 249043

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: County of Tulare vs. City of Porterville, et al., Tulare County Superior Court Case No. 249877

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)]

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 F

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 9

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)]

Number of Potential Cases: 3

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...

ITEM J

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

County Librarian

(Government Code Section 54957)

Next Item(s) Sitting as...