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


 

June 11, 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.                  Adopt a Resolution proclaiming the day of June 15, 2013 as "World Elder Abuse Awareness Day" in Tulare County.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING:  Request from the Resource Management Agency to disclose the potential for a conflict of interest required by 24 Code of Federal Regulations (CFR) Section 570.611 regarding the sale of Neighborhood Stabilization Program 1 assisted properties located at 1498 Baywood Avenue in Tulare to Daniel Risetter (Title and Administration Technician I, Tulare County Assessor's Office); and 41777 Wilsonia Avenue in Orosi to Federico Ortega, III (Extra Help Fire Fighter, Tulare County Fire Department).  Authorize the submittal of a letter to the California Department of Housing and Community Development requesting an exception to the conflict of interest requirement governing Tulare County's Neighborhood Stabilization Program 1.  Authorize County Counsel to submit an opinion to the California Department of Housing and Community Development that the interest for which the exception is sought does not violate any state or local law.

5.                  PUBLIC HEARING:   Request from the Resource Management Agency to deny the appeal of Linda Novick on behalf of Harvest Power.  Deny the appeal of Timothy Jones on behalf of Sunvale Vineyards.  Affirm the decision of the Planning Commission regarding Resolution No. 8832 certifying and adopting the Final Environmental Impact Report as being adequate and in compliance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, adopting CEQA Findings, adopting the Statement of Overriding Considerations, and adopting the Mitigation Monitoring and Reporting Program for Special Use Permits No. PSP 09-075 and PSP 12-39.  Resolution No. 8833 conditionally approving Special Use Permit PSP 09-075 for a solid waste composting facility upgrade.  Resolution No. 8834 conditionally approving Special Use Permit PSP No. 12-039 for an anaerobic digester and a compressed natural gas facility.  Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency file the Notice of Determination for this matter.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 36)

 

 

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

6.                  Redirect small claims fee receipts to the Superior Court of California per California Code of Civil Procedure (CCP) 116.230.

7.                  Accept the Treasurer's Investment Pool's Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2012.

8.                  Approve the Treasurer-Tax Collector's Statement of Investment Policy, Fiscal Year 2013/2014, pursuant to Government Code Section 53646.  Approve the renewal of authority to the Tulare County Treasurer-Tax Collector to invest and reinvest the funds of Tulare County and funds of other depositors in the County Treasury, pursuant to Government Code Section 27000.1.

9.                  Approve an agreement with the State of California Secretary of State to provide Federal Help America Vote Act (HAVA) funds up to $27,550 to assist with Polling Place Accessibility.  Find that the Board has the authority to enter into the proposed agreement as of July 1, 2013 or upon approval by the Department of General Services, if required, whichever is later, through December 31, 2014, and that it is in the County's best interest to enter into the agreement.

Board of Supervisors

10.             Ratify a Proclamation recognizing May 26, 2013 as Memorial Day in Tulare County.

11.             Reappoint Robert Moore to the Tulare Public Cemetery District for a term ending January 2, 2017.

12.             Appoint Greg Gillis-Smith to the Alpine Village-Sequoia Crest Community Service District for a term ending December 6, 2013.

13.             Approve amendments to the Tulare County Youth Commission Bylaws.

District Attorney

14.             Approve the necessary budget adjustment for the Central Valley Rural Crime Prevention Program in the amount of $35,997. (4/5ths vote required)

Fire Department

15.             Accept grant funding in the amount of $277,398, with a County match of $55,479 from the Federal Emergency Management Agency Assistance to Firefighters Grant.  Find that the Board had authority to accept the grant funding as of June 3, 2013, and that it was in the best interest of the Board to accept the grant funding on that day.

16.             Accept grant funding from the Tulare County Indian Gaming Local Community Benefit Committee in the amount of $30,906.

Health & Human Services Agency

17.             Approve an amendment to Agreement No. 23277 with Kings View Behavioral Health Systems, in an amount not to exceed $1,290,000 for the provision of a Methadone Maintenance Program from July 1, 2013 through June 30, 2016.

18.             Approve an amendment to Agreement No. 25233 with the California Department of Public Health for the Sexually Transmitted Disease (STD) Prevention and Control Program to extend the term from July 1, 2013 through June 30, 2015 and increase the total amount to $58,792.

19.             Approve an amendment to Agreement No. 19958 with Hewlett Packard (HP) Enterprises, LLC (previously known as Electronic Data Systems, EDS) to extend the term of the agreement to July 31, 2015, for the continued provision of Development, Implementation, Maintenance, and Operation Services for the CalWORKS (California Work Opportunity and Responsibility to Kids) Information Network (CalWIN) system.

20.             Approve an amendment to Agreement No. 23165 with the State Department of Alcohol and Drug Programs (ADP) to increase the agreement for Fiscal Year 2012/2013 by $1,590,499 from $11,443,932 to $13,034,431 for a new multi-year contract total of $16,722,043 for combined Drug/Medi-Cal (D/MC) and Net Negotiated Funds to provide Substance Use Disorder (SUD) services, retroactive to July 1, 2012 through June 30, 2014.  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.

21.             Approve Memoranda of Understanding between the Tulare County Health & Human Services Agency (HHSA) Child Welfare Services Division and Foster Family Agencies to provide services on behalf of Child Welfare Services foster children through cooperation, collaboration, and sharing of appropriate information, retroactive from June 4, 2013 through June 30, 2016.  These MOU's replace and supersede the following previous agreements: Aspiranet, Inc., A Positive Attitude Outlook, Inc., EMQ FamiliesFirst, Inc., Family Builders Foster Care, Inc., Golden State Family Services, Inc., Gale Kuns Ministries, Inc. DBA The Grace Homes, Koinonia Foster Homes, Inc., Pioneer Home Outreach, Inc., Promesa Behavioral Health, North Star Family Center, Proteus Foster Family Agency, Quality Group Homes, Inc., Transitions Children's Services, Valley Teen Ranch, Karing 4 Kids, Legacy Behavioral Services, Inc., and Foster Care Advanced Care.  Find that the Board had authority to enter into the proposed agreement as of June 4, 2013, and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

22.             Appoint Supervisor J. Steven Worthley to replace Supervisor Allen Ishida on the San Joaquin Valley Insurance Authority Board.

23.             Approve a revision of the Joint Powers Agreement creating the San Joaquin Valley Insurance Authority to add the Central San Joaquin Valley Risk Management Authority as a party.

24.             Approve a Side Letter Agreement between the County of Tulare and the Government Lawyers Association of Workers (G-Law), Unit 8.

25.             Approve a Memorandum of Understanding between the County of Tulare and the Tulare County District Attorney Investigators Association (TCDAIA), Unit 5.

Information & Communications Technology

26.             Approve three separate agreements with CVIN, LLC., effective June 11, 2013 for construction, installation and maintenance of telecommunications facilities to serve Tulare County Public Safety agencies, Library and Office of Education.

27.             Approve an agreement with Orchard Software Corporation for the purchase of a Laboratory Information Management System for the Public Health Laboratory in the amount of $346,376, retroactive to June 1, 2013 to June 30, 2014.  Find that the Board had authority to enter into the proposed amendment as of June 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.  Approve the expenses of necessary equipment and out of state travel for system implementation and training.

Resource Management Agency

28.             Authorize and direct the Resource Management Agency Director, Assistant Director, Planning Branch, and the Grants and Development Manager to sign funds requests and other documents necessary or required by the State Department of Housing and Community Development for completion of the 2010 HOME Investment Partnerships Project and Program grants.

29.             Authorize the filing of Notice of Partial Non-Renewal for one (1) Land Conservation Contract as provided in the Williamson Act.  Approve the execution of amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal.  The requests fulfill conditions resulting from the approval of one parcel map:

PNR 13-001  -  Williamson Act Contract No. 5912, Ag Preserve No. 1765, located on the south side of Avenue 148, approximately 2,500 feet east of Road 200, west of Porterville (Robert Stevens) (2.83 acres from 40.06 acres non-renewed as a condition of PPM 12-016) (40.06 acres in two parcels subject to contract amendment).

30.             Authorize the filing of amendments to the following three (3) Land Conservation Contracts as provided by Board of Supervisors Resolution No. 2009-0091. Approve the execution of amendment to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewal. The request fulfills conditions resulting from the approval of three tentative parcel maps:

PPM 11-054  -  Williamson Act Contract No. 3027, Agricultural Preserve No. 405, located on the northeast corner of Avenue 272 and Road 48, approximately 2 miles west of Visalia (John Moons) (condition of PPM 11-054), 347 acres in two parcels subject to contract amendment. 

PPM 12-012 -  Williamson Act Contract No. 5336, Agricultural Preserve No. 1059, located on the southwest corner of Avenue 12 and Road 112, approximately 1 mile northwest of Pixley (Atsma Living Trust) (condition of PPM 12-012), 160 acres in two parcels subject to contract amendment. 

PPM 12-021  -  Williamson Act Contract No. 3743, Agricultural Preserve No. 554, located on the west side of Road 132 between Avenues 336 and 352, approximately 4.5 miles north of Visalia (Todd Parker) (condition of PPM 12-021), 80 acres in two parcels subject to contract amendment.

 

31.             Approve an agreement with Moore Twining Associates in the amount of $35,000 for analytical laboratory services, retroactive to July 1, 2012 through June 30, 2013.  Find that the Board had the 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.             FOR INFORMATION ONLY:  Bid Opening results for the Pixley Transportation Enhancement Project.

Contractor

Amount

Dawson Mauldin

 $           262,605.00

Seal Rite Construction

 $           266,445.00

DOD Construction

 $           298,325.00

Lee's Paving

 $           399,980.00

Engineers Estimate

 $           209,380.00

 

Sheriff/Coroner

33.             Approve an amendment to Agreement No. 25242 with Tulare County Clandestine Laboratory Enforcement Unit to extend the term of the operating agreement to June 30, 2013.

34.             Approve an amendment to Agreement No. 25307 with United States Forest Service to provide law enforcement services on Forest Service land in the amount of $45,000, retroactive to October 1, 2012, through September 30, 2013.  Find that the Board had the 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.

35.             Approve an amendment to Agreement No. 25086 with Canteen of Fresno to extend the term of the agreement for inmate commissary services to June 30, 2014.

36.             Approve a budget adjustment for the South Valley Marijuana Suppression Program in the amount of $17, 664.  Authorize the necessary budget adjustments (4/5ths vote required).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

37.             Request from the Health & Human Services Agency to approve a revised organizational structure and authorize the Human Resources and Development Department to process the attached Personnel Resolution containing the adjustments to the HHSA Aging Services personnel allocation effective June 28, 2013.  The adjustments include the deletion of 1 Aging Services Program Assistant, 6 Program Aide II (Part Time), 1 Program Aide II, 1 Attorney, Aging Services, 1 Social Services Worker II, 3 Vacant Positions (1 Social Services Worker II, 1 Senior Services Specialist, 1 Program Aide II); and 1 Senior Nutrition Services Supervisor effective July 26, 2013.  Authorize the Human Resources and Development Department to initiate the County's layoff process; meet and confer with the affected unions and where possible provide alternate employment within the County Service. Authorize the County Administrative Office and Auditor's Office to make adjustments in the budget for Fiscal Year 2013/2014, to be included with final adoption of the County budget in September 2013.

38.             Request from Health and Human Services Agency  to approve an agreement with Corizon Health, Inc., d.b.a. Corizon to provide Comprehensive Health and Mental Health Care Services for the Tulare County Criminal Justice facilities from  July 1, 2013 through June 30, 2016 for an amount not to exceed $9,352,904 for the Fiscal Year from July 1, 2013 through June 30, 2014; $9,855,789 for the Fiscal Year from July 1, 2014 through June 30, 2015; and $10,151,463 for the Fiscal Year from July 1, 2015 through June 30, 2016.  Approve the Personnel Resolution to delete the following allocations:  2 Alcohol and Drug Specialists, 1 Crisis Service Worker, 2 Dental Assistants, 4 Medication Aides, 1 Mental Health Case Manager II, 1 Mental Health Case Manager III, 2 Mental Health Technician IIs, 1 Supervising Nurse, 23 Nurses - Licensed Vocational, 9 Nurses - Registered, 1 Nurse - Registered - Lead, 3 Office Assistant IIs, 1 Office Assistant III, 2 Office Assistant IVs, and 5 Social Workers - Licensed for a total of 58 allocations.  Authorize the Health and Human Services Agency Director and/or the Human Resources Director to extend or rescind notice of layoff as necessary.  Approve the notice to Diamond Pharmacy Services, terminating Agreement No.25799 with Diamond Pharmacy Services, effective at least ninety (90) days from the date notice is given, and authorize the Chairman to sign the notice of termination.

39.             Request from the County Administrative Office to establish the following Hours of Operation effective June 17, 2013 for the Board of Supervisors and County Administrative Office:  Monday through Thursday 7:30 a.m. - 5:30 p.m. and Friday 8:00 a.m. - 12:00 p.m.  Authorize Board of Supervisors and County Administrative Office employees to work nine hours per day, Monday through Thursday and four hours on Friday (4-9's plus 4).  Authorize the County Administrative Officer to approve limited flexing of the "4-9's plus 4" plan including four ten-hour days where Friday coverage is not adversely affected.

40.             Receive a presentation by the Resource Management Agency, Public Works Branch on the Flood Control Projects.

(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 (d)(2)]

Number of Potential Cases: 1

Potential for a conflict of interest required by 24 Code of Federal Regulations (CFR) Section 570.611 regarding the sale of Neighborhood Stabilization Program 1 assisted properties located at 1498 Baywood Avenue in Tulare to Daniel Risetter (Title and Administration Technician I, Tulare County Assessor’s Office); and 41777 Wilsonia Avenue in Orosi to Federico Ortega, III (Extra Help Fire Fighter, Tulare County Fire Department). Board of Supervisors Public Hearing, June 11, 2013

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Appeal of Planning Commission decision regarding Harvest Power’s Solid Waste Composting facility upgrade, anaerobic digester and compressed natural gas facility. Board of Supervisors Public Hearing, June 11, 2013

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITHLEGAL COUNSEL - INITIATION OF LITIGATION

Details

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

Number of Potential Cases: 1

 

 

 

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

Complainant filed a DFEH and EEOC complaint which alleges discrimination and harassment based on age and disability

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM G

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...