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


 

July 9, 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.                  Recognize Javier Robles upon his retirement for his many years of County Service.

2.                  Recognize Dr. Gaurang Pandya for his outstanding support of the Tulare Medical Reserve Corps and his receipt of the 2013 Outstanding Partner Organization Award from the National Association of City & County Health Officials (NACCHO) and the Division of the Civilian Volunteer Medical Reserve Corps (DCVMRC) in the Office of the U.S. Surgeon General.

3.                  Presentation given by Health and Human Services regarding an update of the activities of the Children's Services Network of Tulare County.

4.                  Public Comments.

5.                  Board of Supervisors matters.

 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING:  Request from the Resource Management Agency to consider the vacation of a portion of Road 164 north of Avenue 16.  Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct the Environmental Assessment Officer to sign and file a Notice of Exemption with the Tulare County Clerk.  Determine that the hereinbefore described road 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 limits of the vacated road right of way and subject to the recording of the action merging the underlying parcels.  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 concurrent with the recording of the action merging the underlying parcels.

7.                  PUBLIC HEARING:   Request from the Resource Management Agency to conduct a public hearing to consider the vacation of excess right of way on Road 168, north of Avenue 128, southwest of Poplar. Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct the Environmental Assessment Officer to sign and file a Notice of Exemption with the Tulare County Clerk.  Determine that the hereinbefore described road 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 limits of 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.

8.                  PUBLIC HEARING:  Request from the Resource Management Agency to approve the sewer and water user fee adjustments for specified County Service Area Zones of Benefit (El Rancho, Delft Colony, Tonyville, Tooleville, Traver, Yettem and Wells Tract sewer systems and Wells Tract water distribution system), effective August 1, 2013.

 

 

 

 

(Consent Calendar)

CONSENT CALENDAR (Number 9 through 33)

 

 

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

9.                  Approve the waiver of the requirements for written competitive bids and authorize the Purchasing Agent of Tulare County to purchase pre-mixed vertebrate pest control bait directly from the Kings County Agricultural Commissioner for resale to the citizens of Tulare County.

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

10.             Approve the Candidate Statement Regulations and Printing Fees for the November 5, 2013 Uniform District Election Law 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 200 words for Special Districts.

Health & Human Services Agency

11.             Reappoint Tracy Harrell - Consumer Seat to the In-Home Supportive Services Advisory Committee for a term ending June 30, 2016.  Direct the Clerk of the Board to recruit for the listed vacancies per the provisions of the Maddy Act.

12.             Approve the Tulare County Health & Human Services Agency, Environmental Health Services Division to submit a regional application to CalRecycle on behalf of the County of Tulare and cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, and Woodlake for Used Oil Payment Program (OPP) Cycle 4.  Designate and authorize the Board Chairman as Signature Authority effective through August 17, 2015 to execute all documents necessary to implement and secure payment under the OPP.

13.             Approve the Tulare County Health & Human Services Agency, Environmental Health Services Division to submit a regional application to CalRecycle on behalf of the County of Tulare and the City of Visalia.  Designate and authorize the Board Chairman as Signature Authority effective through April 1, 2016 to execute all documents necessary to implement and secure payment under the CalRecycle HD21 grant.

14.             Approve an amendment to Agreement No. 25084 with Family Preservation Community Services for the provision of Wraparound Services to extend the agreement through June 30, 2014 and increase the agreement amount by $1,000,000 for the 2013/2014 Fiscal Year, retroactive to July 1, 2013.  Approve an amendment to Agreement No. 25084 with Family Preservation Community Services to add Exhibit B-1 to the agreement retroactively to July 1, 2012.  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 and include the additions on those dates.

15.             Approve an agreement with the Tulare County Superintendent of Schools to allow for continuation of the Primary Intervention Program in an amount not to exceed $441,095, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had authority to enter into the proposed agreement as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

16.             Approve an agreement with ExMed, Inc. in an amount not to exceed $550,000 for adult, adolescent, and child psychiatric services in specific Tulare County Mental Health Clinics effective from date of signing through June 30, 2014.

17.             Approve an agreement with Family Services of Tulare County in an amount not to exceed $341,338 for the provision of the In-Home Parent Education Program, retroactive from July 1, 2013 through June 30, 2014.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

18.             Approve the side letter agreements between the County and the Service Employees International Union (SEIU) regarding work schedules in the Dispatch Center of the Sheriff's Office and the impact of the contracting for the provision of Medical and Mental Health services.

19.             Approve the Memorandum of Understanding between the County of Tulare and Tulare County Corrections Association.

20.             Approve an amendment to the Job Class Specification to add Court Baliff duties for the Sheriff's Correctional Deputy.

Resource Management Agency

21.             Authorize the filing of a Notice of Partial Non-Renewal for the following Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from the creation of two parcel maps.   Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

PNR 13-010  -  Williamson Act Contract No. 13548, Ag Preserve No. 3953, located at Road 144, north of Visalia, (Gary Gerner) (1.0 acres from 18.92 acres to be non-renewed as a condition of PPM 12-028) (19.92 acres in two parcels subject to contract amendment).

 

PNR 13-012  -  Williamson Act Contract No. 3785, Ag Preserve No. 783, located at Avenue 204 south of Tulare (Manuel Ortiz, Jr.) (2.0 acres from 40 acres non-renewed as a condition of PPM 12-025) (40 acres in two parcels subject to contract amendment).

 

 

 

22.             Authorize the filing of Notices of Partial Non-Renewal for one (1) Land Conservation Contract as provided in the Williamson Act. The request fulfills conditions resulting from the creation of three parcel maps.  Approve the execution of amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal.

PNR 13-003  -Williamson Act Contract No. 3216, Ag Preserve No. 0579, located north of Avenue 352, between Roads 112 and 124, north of Visalia (Toni Slover), 9.91 acres from 29.86 acres to be non-renewed as a condition of PLA 13-003 (29.86 acres in two parcels subject to contract amendment.

 

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

PNR 13-009 -Williamson Act Contract No. 16157, Ag Preserve No. 4261, located at the southwest corner of the intersection of Avenue 384 and Road 132, south of Cutler (Sark Davidian) (3.85 acres (homesite) from 28.68 acres to be non-renewed as a condition.

24.             Authorize the filing of Notices of Partial Non-Renewal for one (1) Land Conservation Contract as provided in the Williamson Act. The request fulfills conditions resulting from the creation of one parcel map.  Approve the execution of amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal.

PNR 13-011  -  Williamson Act Contract No. 3682, Ag Preserve No. 843, located on south side of Avenue 308 approximately 660 feet west of Road 60 west of Goshen (Bettencourt Family Living Trust of April 23, 1998) (1.45 acres (homesite) from 70.55 acres to be non-renewed as a condition of PLA 13-006) (70.55 acres in two parcels subject to contract amendment).

 

25.             Approve Program Supplement No. N069 to Administering Agency-State Agreement for Federal-Aid Project No.06-5946 for the Preliminary Engineering Phase of the Safety Project at Fifty-Two (52) Stop Controlled Intersections at various locations in the amount of $29,000, subject to review and approval as to form by County Counsel.

26.             Approve Program Supplement No. N070 to Administering Agency-State Agreement for Federal-Aid Project No.06-5946R for the Preliminary Engineering Phase of Reservation Road from Avenue 138 to the Tule River Indian Reservation in the amount of $27,000, subject to review and approval as to form by County Counsel.

27.             Approve Measure R Expenditure Plan Amendment Number 3 as presented by the Tulare County Transportation Authority.  Authorize the Chairman of the Board of Supervisors to sign the letter to the Tulare County Transportation Authority acknowledging the Board's approval of Measure R Expenditure Plan Amendment Number 3.  Direct the Clerk of the Board of Supervisors to send the letter to the Tulare County Transportation Authority.

 

28.             Approve the Measure R Program Supplement to the Cooperative Agreement with the Tulare County Transportation Authority in the amount of $155,804 for the Main Street Transportation Enhancement Project in Pixley, subject to review and approval as to form by County Counsel.

29.             Approve the 2013/2014 Transit Agreement with the City of Visalia in the amount of $208,828 for the City to provide transit service to County of Tulare residents, retroactive to July 1, 2013 through June 30, 2014.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

30.             Approve the Final Map for Subdivision Tract No. 826 located at the northwest corner of Avenue 224 and Road 28 west of Tulare.  Accept the road right of way dedication for Subdivision Tract No. 826.

31.             Set a Public Hearing for July 23, 2013 at 9:30 a.m. for consideration of applications for Refuse Hauling Licenses for Area D and Area E from Mid Valley Disposal.  Approve the Notice of Public Hearing to be published.

Sheriff/Coroner

32.             Approve an agreement with the United States Army Corps of Engineers for law enforcement services at Lake Kaweah Recreation Area, retroactive to April 5, 2013 through no later than September 2, 2013.  Find that the Board had authority to enter into the proposed agreement as of April 5, 2013, and that it was in the County's best interest to enter into the agreement on that date.

33.             Approve an agreement with the United States Department of Justice, Drug Enforcement Administration, in the amount of $220,000 to provide staffing for the eradication of illicit marijuana, retroactive to January 1, 2013 and extending through December 31, 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 on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

34.             Request from the Auditor-Controller/Treasurer-Tax Collector to approve the Resolution authorizing the issuance of Tax and Revenue Anticipation Notes for Fiscal Year 2013/2014.

35.             Request from the County Administrative Office to establish a Solid Waste Department, effective July 1, 2013.  Adopt a Personnel Resolution to establish the Director of Solid Waste classification with a salary band range of $74,802 to $112,203.  Authorize the County Administrative Officer, Auditor-Controller/Treasurer-Tax Collector, and Human Resources Director to make minor adjustments as needed.

36.             Request from the Resource Management Agency to adopt revised Bylaws for the Agricultural Policy Advisory Committee.  Appoint and designate current Agricultural Policy Advisory Committee membership to represent appropriate agricultural sectors.

37.             Request from Resource Management Agency to authorize a Zone Change Initiation PZI 13-002 (Griggs/Lemon Cove) to proceed with a Zone Change from AE-40 (Exclusive Agriculture-40 acre minimum) to "O" (Recreation) for the 1.5 acre existing structure and parking area only in conformance with General Plan 2030 Land Use Policy 2.5 Agricultural Support Facilities. Deny the zone change initiation for the remaining 9 acres in conformance with the Rural Valley Lands Plan.

38.             Request from the Resource Management Agency to receive staff's report and approve the General Plan Initiation No. GPI 12-001 (AAA Quality Services) to proceed with a general plan amendment to change the land use designation from Agriculture to Service Commercial and to initiate a change of zone from the AE-40 (Exclusive Agriculture - 40 acre minimum) to the C-3 (Service Commercial) zone on property located on the southwest corner of the intersection of Road 168 and State Highway 198, northeast of the City of Farmersville.

39.             Presentation given by the Resource Management Agency regarding the utilization of the California Public Utility Commission Rule 20A Program for the undergrounding of utilities.  Provide direction to staff to proceed with projects identified in the report or provide an alternative direction.

(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 - ANITICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Sewer and Water User Fee Adjustments for Specified County Service Area Zones of Benefit (El Ranch, Delft Colony, Tonyville, Tooleville, Traver, Yettem and Wells Tract sewer systems and Wells Tract water distribution system)

Board of Supervisors Public Hearing July 9, 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

Next Item(s) Sitting as...

ITEM C

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 D

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 E

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 F

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 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 WTIH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  36000 Road 112, Visalia CA

Agency Negotiator: Jean Rousseau and Robert Newby 

Negotiating Parties:  Gary Truitt

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  36000 Road 112, Visalia CA

Agency Negotiator: Jean Rousseau and Robert Newby 

Negotiating Parties:  Ken Pierson

Under Negotiation:  Price and Terms of Payment

 

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  36000 Road 112, Visalia CA

Agency Negotiator: Jean Rousseau and Robert Newby 

Negotiating Parties:  Bill Lundberg

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM L

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Jesse Gutierrez vs. County of Tulare

Workers’ Compensation Appeals Board Number FRE0199932

Next Item(s) Sitting as...

ITEM M

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Ray Huckleberry vs. County of Tulare

Workers’ Compensation Appeals Board Number ADJ7601350

Next Item(s) Sitting as...

ITEM N

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Michael Rubalcaba vs. County of Tulare

Workers’ Compensation Appeals Board Number Unassigned

Next Item(s) Sitting as...

ITEM O

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: City of Bellflower, et al vs. Ana Matosantos, et al

Sacramento County Superior Court Number 34-2012-80001269

Next Item(s) Sitting as...

ITEM P

CONFERENCE WITH LEGAL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Shani Jenkins Potential Claim against the County of Tulare and individual employees

Next Item(s) Sitting as...

ITEM Q

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: SEIU Local 521 vs. County of Tulare

Public Employment Relations Board Charge Number: SA-CE-827-M

Next Item(s) Sitting as...

ITEM R

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...