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


 

April 16, 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.                  Public Comments.

2.                  Board of Supervisors matters.


Consent Calendar)

CONSENT CALENDAR (Number 3 through 29)

 

 

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

3.                  Ratify a Proclamation honoring the City of Tulare Senior Center on its 50th Anniversary.

4.                  Appoint John Hess, Public Member to the City of Tulare Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the Board.

5.                  Reappoint Thomas Lampe, Trustee to the Tulare Public Cemetery District for a term ending January 2, 2017.

6.                  Reappoint Martin Mittman, Director to the Tulare County Pest Control District for a term ending April 23, 2017.

County Administrative Office/Capital Projects/General Services

7.                  Approve sending a letter of support for AB 8 (Perea) which would reauthorize the Carl Moyer funding, AB 923 (Statutes of 2004, Chapter 707) funding, and AB 118 (Statutes of 2007, Chapter 750) funding.

8.                  Accept the Tulare County Civic Center Secured Parking Lot Replacement Project at Main Street and Sunset Drive, Visalia, as a completed project.  Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion for the subject project.  Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the subject project with the office of the Tulare County Clerk-Recorder.

9.                  Declare certain real property in the City of Visalia designated as Assessor's Parcel Number 097-020-004 to be surplus.  Approve an agreement with the City of Visalia for the donation of property adjacent to Packwood Creek.  Authorize the Chairman of the Board of Supervisors to execute the Quit Claim Deed describing the property to the City of Visalia.  Approve the Categorical Exemption, pursuant to the California Environmental Quality Act Guidelines (General Rule Exemption per Section 15312) for the donation of this surplus property.  Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file the appropriate exemption with the Tulare County Clerk-Recorder.  Authorize the County Administrative Officer, or his designee to approve and execute all additional documents to consummate this donation of property.

 

 

District Attorney

10.             Declare the week of April 21-27, 2013 as Victims' Rights Week in Tulare County.

Health & Human Services Agency

11.             Approve the letter of support for Senate Bill 296 (SB296) for increased local assistance funding for County Veterans Officers.

12.             Accept the award for funding in the amount of $7,384 from the California Department of Public Health, Tuberculosis Control Branch, to support tuberculosis prevention and control, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to accept the award as of July 1, 2012, and that it was in the County's best interest the award on that date.  Approve the necessary budget adjustments.  (4/5/ths vote required)

13.             Approve an agreement with Everbridge Inc. in the amount of $94,000 to provide mass notification services for the period of May 1, 2013 to June 30, 2014.

Information & Communications Technology

14.             Approve an amendment to Agreement No. 14242 with CGI Technologies and Solutions Inc. 3.x Advantage Financial System for renewal of licensing and maintenance support in the amount of $723,800, retroactive to April 1, 2013 to March 31, 2016.  Find that the Board had authority to enter into the proposed statement of work as of April 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

15.             Approve an amendment to Agreement No. 14242 with CGI Technologies and Solutions Inc. for enhanced maintenance services of the ongoing maintenance of AFIN software in the amount of $229,065, retroactive to April 1, 2013 to March 31, 2016.  Find that the Board had authority to enter into the proposed statement of work as of April 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

16.             Approve technology enhancement and associated projected costs for the Tulare County Health & Human Services Agency, TulareWORKs Division.  Approve the necessary budget adjustments.  (4/5ths vote required)

Probation

17.             Approve an agreement with Karis House, Inc. in the amount of $50,000 to provide offenders recently realigned under state legislature continued Residential Treatment and Training Services, including Outpatient Services, beginning May 1, 2013 through June 30, 2013.

18.             Approve an amendment to Agreement No. 21655 with the Porterville Unified School District to provide the services of Probation Officers for the continued operation of the Campus Probation Officer Program, retroactive to October 1, 2012 through June 30, 2013.  Find that the Board had authority to enter into the proposed amendment to agreement as of October 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

 

Registrar of Voters

19.             Approve a Resolution to conduct a Special Primary Election for the vacancy by Michael Rubio, Member of the State Senate from the 16th District prior to redistricting in accordance with Election Code 10703 and 10704(a).  Authorize the Election Official to perform all necessary and required services for the aforementioned District relating to the conduct of the Election.  Consent to conduct said election and to the procedures to be used in conducting the election, and said election shall adhere to the provisions set forth in Section 10704 and follow the Elections Code.  Agree that the Election Official will prepare a certified statement of the results of the election and submit it to the Secretary of State within 10 days of the election.  Agree that the election, included in Appendix A, is to be conducted as set forth above.

20.             Approve the candidate statement regulations and printing fees for the May 21, 2013 Special Primary Election.  Require each candidate filing a statement to pay the estimated cost in advance.  The estimated cost will be adjusted to actual cost upon completion of the election.  Candidates will be refunded or billed for the difference.  Limit each candidate's statement to no more than 250 words for the State Senate Office.

21.             Approve request by the Ivanhoe Public Utilities District to change from odd- to even-numbered year elections, with the election to be consolidated with the General Election.

22.             Approve request by the Tipton Community Services District to change from odd- to even-numbered year elections, with the election to be consolidated with the General Election.

Resource Management Agency

23.             Authorize the filing of Notices of Partial Non-Renewal for the following three (3) Land Conservation Contracts as provided in the Williamson Act. Three of the requests fulfill conditions resulting from the creation of one parcel map and three lot line adjustments.   Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

PNR 09-006 - Williamson Act Contract No. 3160, Ag Preserve No. 539, located on Avenue 144 west of Tipton (Gregory W. Fernandes, Rosemary A. Fernandes, Gary A. Fernandes, Victoria R. Fernandes) (1.49 acres from 316.97 acres to be non-renewed as a condition of PPM 08-089) (316.97 acres in four parcels subject to contract amendment). 

 

PNR 09-012 - Williamson Act Contract No. 7366, Ag Preserve No. 2320, located at Road 148 east of Tulare (Joe W. Fernandes, Suzanne Fernandes, Joshua S. Fernandes) (1.0 acres from 39.33 acres non-renewed as a condition of PLA 08-006) (39.33 acres in four parcels subject to contract amendment). 

 

PNR 09-015 - Williamson Act Contract No. 5343, Ag Preserve No. 1294, located on Road 160 east of Visalia (Steven G. Bratcher and Kimberly A. Bratcher) (1.49 acres from 32.7 acres non-renewed as a condition of PLA 09-011) (32.7 acres in two parcels subject to contract amendment).

 

24.             Approve Program Supplement No. K05 to Administering Agency-State Agreement for Project Number SR2SL-5946 (132) for design and construction of pedestrian improvements on Date Avenue from Success Drive to School Property at Ruth Street and Orange Avenue from Leggett Street to Crestview Street east of the City of Porterville.

25.             Approve the Measure R Program Supplement to the Cooperative Agreement with the Tulare County Transportation Authority in the amount of $55,000 for the Grand View Elementary School and the Rockford Elementary School Safety Improvements.

26.             Declare their intent to vacate a portion of West Lerda Avenue and alley in Block 65 in Tipton.  Set a public hearing for May 21, 2013 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 roads.  Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

27.             Approve an amendment to Agreement No. 24770 with the State of California to increase the Highway-Railroad Crossing Safety Account Program reimbursement ratio from 47 percent to 50 percent for the Betty Drive Phase 2B project.  Authorize the Chairman to sign the amendment, subject to review and approval as to form by County Counsel.

Sheriff/Coroner

28.             Accept monetary donations of $6,500 from Friends of Tulare County designated for the Sheriff's K-9 Unit.  Approve the Capital Asset purchase of a police service dog in an amount not to exceed $14,500.  Authorize the necessary budget adjustments.  (4/5ths vote required)

29.             Approve an agreement with Global Tel*Link for inmate telephone services at the adult correctional facilities and juvenile facilities effective May 1, 2013 through April 30, 2016, with an option to renew for two additional periods of one year each.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

30.             Request from Resource Management Agency to allow the Zone Change Initiation, PZI 13-001 (Earlimart Regional Medical Center) to proceed as a Zone Change (PZ) application on an approximately 26,500 sq. ft. portion of Assessor Parcel Number 318-084-001, located on a vacant lot on S. Church Street between the Earlimart Elementary School and Tulare County Head Start buildings within the Community of Earlimart. The zoning designation would be changed from Single Family Residential (R-1) to Professional Office (PO).

31.             Request from Information and Communications Technology to approve an agreement with Tyler Technologies, Inc. in the amount of $911,848 to license and implement the Energov 9 Permitting and Land Management System with a term from April 16, 2013 to August 25, 2014.  Approve the Personnel Resolution to add the following new positions: (1) IT Specialist Application Support I/II; and (1) Systems and Procedures Analyst I/II, subject to meet and confer with the union where applicable.  Approve the necessary budget adjustments.  (4/5ths vote required)

32.             Request from Information and Communications Technology to approve the Personnel Resolution for changes to the following positions: Delete one vacant Administrative Aide (No. 9084) and add one Secretary III. Delete one vacant IT Database Administrator I (No. 3515) and add one Analyst-Staff Services III, effective pay period April 21, 2013.

33.             Request from the Agricultural Commissioner-Sealer to approve the Personnel Resolution to delete one vacant Analyst-Staff Services III position (Position No. 6283) and add one Accountant III position allocation.

34.             Request from Human Resources and Development to establish a Capital Projects and Facilities Department.  Adopt a Personnel Resolution to establish the Director of Capital Projects and Facilities Position and class designation and specification with a salary band range of $99,735 to $149,604 (Band 02); Appoint Kristin Bennett as the Director of Capital Projects and Facilities; and revise the Capital Projects and Facilities Manager class designation and specification.  Authorize the County Administrative Officer, Auditor-Controller and Human Resources Director to make minor adjustments as needed.

(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: City of Dinuba, et al. vs. County of Tulare, Rita Woodard, et al.

Tulare County Superior Court Case No. 11-243161

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 No. 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 No. 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 - EXISTING LITIGATION

Details

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

Name of Case:  County of Tulare vs. Bounnet Vongxay,

Tulare County Superior Court Case No. 251336;

Tulare County vs. BTBB, Tulare County Superior Court Case No. 251337

Next Item(s) Sitting as...

ITEM H

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...