(Public Comment Period)
1.
Presentation
given by Public Financial Management regarding the Annual Administrator's
Report for the Millennium Fund.
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 approve the Categorical Exemption, pursuant to 14 California Code
Regulations Section 15305, Class 5, pertaining to Minor Alterations to Land,
and the General Rule Exemption, pursuant to 14 California Code Regulations
Section 15061 (b)(3), consistent with the California Environmental Quality Act
(CEQA) and the State CEQA Guidelines.
Conditionally approve Tentative Tract No. TM 827, subject to findings
and conditions contained in Planning Commission Resolution No. 8841, approved
June 12, 2013, to divide 43.74 acres into two lots in the AE-40 (Exclusive
Agricultural-40 acre minimum) Zone, located on the northwest corner of Avenue
320 and Road 138, north of Visalia.
Authorize the Environmental Assessment Officer of the Tulare County
Resource Management Agency to file a Notice of Exemption with the Tulare County
Clerk.
5.
PUBLIC
HEARING: Request from the Resource Management
Agency to hold a public hearing in accordance with Streets and Highways Code
Section 100.22 and receive public testimony regarding the adoption of a Freeway
Agreement by and between the County of Tulare and the State of California
Department of Transportation for State Route 99 from 0.5 miles north of State
Route 198 separation to 1.0 mile north of the Betty Drive interchange. Approve the Freeway Agreement. Direct the Clerk of the Board of Supervisors
to return a certified copy of the Resolution to the Resource Management Agency
for transmittal to Caltrans.
6.
PUBLIC
HEARING: Request from the Resource Management
Agency to consider the request for partial cancellation of Land Conservation
Contract No. 2647, located within Agricultural Preserve No. 224, a total of 60
acres in two parcels owned by Steve W.
and JoAnne Martin. The project is located at the intersection of Avenue 46 and
Road 50, west of State Highway Route 43, approximately 2 miles southeast of
Alpaugh. (APN 330-130-011, 330-100-022; Section 2 & 3, Township 23 South,
Range 24 East, M. D. B & M.).
Certify that an Addendum to the Mitigated Negative Declaration has been
completed in compliance with the California Environmental Quality Act of 1970,
as amended. Determine that there is no
substantial evidence that the project will have a significant effect on the
environment and that the Addendum to the Mitigated Negative Declaration
prepared for the project reflects the independent judgment of the County. Determine that the cancellation is consistent
with the purposes of the Williamson Act.
Determine and certify to the County Auditor the cancellation fee amount
shall be $33,750. The fee amount will be
equal to 12.5% of the Current Fair Market Value. Adopt the conditions of approval for the
tentative cancellation. Direct the Clerk
of the Board to record a Certificate of Tentative Cancellation in the Office of
the County Recorder. Direct the Clerk of the Board to file the Notice of
Determination with the County Clerk.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 32)
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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.
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Agricultural Commissioner/Sealer
7.
Approve
an agreement with the California Department of Food and Agriculture providing
state subvention of up to $6,940 to offset costs of registering organic growers
and conducting organic inspections, retroactive to July 1, 2013 through June
30, 2014. Find that the Board had the
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.
Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
8.
Review
and accept the Certified Statement of Vote as submitted by the Registrar of
Voters for the Special General Election for Senate District 16 held July 23,
2013 for which the Board of Supervisors is the Governing Body.
Board of Supervisors
9.
Ratify
the following Proclamations: Honoring
Monsignor Scott Daugherty for 30 Years of Priesthood; and Honoring the Visalia
Elks Lodge No. 1298 on its 100th Year Anniversary of continued service.
Capital Projects and Facilities
10.
Award
the contract for the Visalia Health Care Center Roofing Project at 2611 N
Dinuba Blvd., Visalia to the lowest responsible bidder, Cool Roofing Systems,
Inc, 1286 Dupont Court, Manteca, CA 95336 in the amount of $142,225. Authorize the Chairman to sign the
construction agreement upon receipt of certificates of insurance, bonds,
license verification and contract, subject to review and approval as to form by
County Counsel.
County Administrative Office
11.
Approve
the travel claim reimbursements submitted by Sergeant Thomas Wright and Carla
Sawyer for their attendance at an American Association of Suicidology,
Suicidology Conference, April 24 - 27, 2013 without taxing the employees.
Health & Human Services Agency
12.
Approve
the named provider sites as facilities designated by the County and approved by
the State Department of Health Care Services for a 72-hour treatment and
evaluation. Approve the named classes of individuals who may, upon probable
cause, take, or cause to be taken, mentally disordered individuals described in
California Welfare & Institutions Code Section 5150 into custody and place
them into a facility described in paragraph 1, for 72-hour treatment and
evaluation. Approve the designations under this Resolution effective through
June 30, 2014. All previous designations
are hereby revoked. Authorize and direct the Clerk of this Board to send
certified copies of this Resolution to the Director of each authorized
facility, the Director of Turning Point of Central California, the Director of
Tulare Youth Services Bureau, and the Director of Tulare County Office of
Education Behavioral Health Services.
13.
Approve
the request for an enrollment cap for the Low Income Health Program
(LIHP)/TulareCare, to be effective upon approval of the County's enrollment cap
request by the State's Department of Health Care Services
("DHCS"). Approve the
delegation of authority to the Health and Human Services Agency Director, or designee,
to remove the enrollment cap upon notice to the DHCS. Find that the Board had
authority to request an enrollment cap for the Low Income Health Program
(LIHP)/TulareCare from DHCS.
14.
Approve
the Resolution for the California Department of Resources Recycling and
Recovery (CalRecycle) Local Enforcement Agency Enforcement Assistance 24 Grant
Application, retroactive to July 1, 2013 through October 28, 2014. Find that the Board had authority to enter
into the proposed Resolution as of July 1, 2013, and that it was in the
County's best interest to enter into the resolution on that date.
15.
Adopt
the Subvention Certificate of Compliance and the Medi-Cal Certificate of
Compliance for the Department of Veterans Affairs County Subvention Program
retroactive from July 1, 2013 through June 30, 2014. Find that the Board had
authority to adopt it as of July 1, 2013 and that it was in the County's best
interest to adopt it on that date.
16.
Approve
an amendment to Agreement No. 17621 with Netsmart Technologies, Inc. software
license agreement for the purpose of language changes to references to POS and
Batch Scanning, retroactive to June 21, 2013 through December 31, 2017. Find
that the Board had the authority to enter into this amendment as of June 21,
2013, and that it was in the County's best interest to enter into the amendment
on that date.
17.
Approve
amendment No. 2-R to Agreement No. 25338 with the Public Health Institute and
the Centers for Disease Control and Prevention for the Public Prevention Health
Fund: Community Transformation Grants in the amount of $129,011 in Carry
Forward Funding, retroactive to April 24, 2012 through September 29, 2013. Approve amendment No. 3 to Agreement No.
25338 with the Public Health Institute and the Centers for Disease Control and
Prevention for the Public Prevention Health Fund: Community Transformation Grants
in the amount of $253,000 for Year Two funding, retroactive to April 24, 2012
through September 29, 2013. Find that the Board had authority to enter into the
amendments as of April 24, 2012, and that it was in the County's best interest
to enter into the amendments as of that date.
18.
Approve
an agreement with Kings View Corporation in an amount not to exceed $199,755 to
provide the Warm Line - Spanish and English Program, retroactive to July 1, 2013
to 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.
19.
Approve
an agreement with the California Ventura Automated Collection System
Association in an amount not to exceed $11,152 for Tulare County's
participation in the joint enhancement committee, retroactive to July 1, 2013
through June 30, 2014. Find that the Board had authority to enter into this
agreement as of July 1, 2013, and that it was in the County's best interest to
enter into the agreement on that date.
20.
Approve
an agreement with JDT Consultants, Inc. in an amount not to exceed $470,000 to
provide Therapeutic Behavioral Services, 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.
21.
Approve
the agreement with the State Water Resources Control Board for funding of the
Local Oversight Program (LOP) that provides for local oversight of the
investigation and remediation of leaking underground storage tanks in Tulare
County, retroactive from July 1, 2013 through June 30, 2014, in an amount not
to exceed $133,803. 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.
22.
Approve
an agreement with Tulare Youth Service Bureau, Inc. in an amount not to exceed
$108,890 to provide for the Family Interaction 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.
23.
Approve
an agreement with CEPA Operations, Inc., in an amount not to exceed $7,316 to
provide testing and certification services for gauges and rooms at the Tulare
County Lab, retroactive to August 1, 2013 through July 31, 2016. Find that the Board had authority to enter
into the proposed agreement as of August 1, 2013, and that it was in the
County's best interest to enter into the agreement on that date.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE IN-HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY
Human Resources & Development
24.
Approve
the Memorandum of Understanding between the County of Tulare In-Home Supportive
Services Public Authority and the California United Homecare Workers Union.
ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
25.
Approve
the Memorandum of Understanding between the County of Tulare and the
Professional Association of Tulare County Physicians, Bargaining Unit 16.
Information & Communications Technology
26.
Approve
pre-payment of Invoice No. 10384 to Comcast in the amount of $1,748.
27.
Approve
the annual renewal of license and maintenance with Novacoast in an amount not
to exceed $1,313,277 to provide user licenses and maintenance support for
Novell GroupWise email and Novell Operating System, retroactive to July 1, 2013
through July 31, 2016. Find that the
Board had authority to enter into the proposed renewal as of July 1, 2013, and
that it was in the County's best interest to enter into the renewal on that
date.
Resource Management Agency
28.
Approve
the designation of a two-way STOP on Road 42 at Avenue 50 as a controlled
intersection. Authorize the installation
of STOP signs on Road 42 at Avenue 50 in accordance with the provisions of
Section 2B.06 of the 2012 California Manual on Uniform Traffic Control Devices
and Section 22450(c) of the California Vehicle Code.
29.
Approve
the Measure R Program Supplement to the Cooperative Agreement with the Tulare
County Transportation Authority in the amount of $180,000 for the Traver
Elementary School Safety Improvement Project.
Authorize the Chairman to sign the Program Supplement, subject to review
and approval as to form by County Counsel.
30.
Approve
the Measure R Program Supplement to the Cooperative Agreement with the Tulare
County Transportation Authority in the amount of $220,000 for the Cutler Park
extension of the St. Johns Parkway Bike and Pedestrian Trail. Authorize the Chairman to sign the Program
Supplement, subject to review and approval as to form by County Counsel.
Solid Waste
31.
Introduce,
waive the reading of, and adopt an Ordinance adding Article 11 to Chapter 3 of
Part IV of the Tulare County Ordinance Code pertaining to the Setting and
Collection of Fees for the Use of Refuse Collection Services, Consisting of the
County of Tulare Solid Waste Transfer Station, in the area commonly known as
Kennedy Meadows. Find that this
Ordinance and its provisions are a matter of urgency, necessary for the immediate
preservation of public health and safety, and shall take effect immediately
upon passage pursuant to Government Code Section 25123(d) (4/5ths vote
required). Direct the Clerk of the Board
to publish and post a certified copy of the Ordinance within fifteen (15) days
of adoption in accordance with Government Code Section 25124(a).
Sheriff/Coroner
32.
Approve
an agreement with the United States Department of Justice, Drug Enforcement
Administration for participation in the Drug Enforcement Administration Group 2
Task Force for the period of October 1, 2013 through September 30, 2014.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
33.
Request
from the Treasurer-Tax Collector to approve a resolution making Government Code
Section 53684 (Local agencies; excess funds; investment by county treasurer)
operative in the County of Tulare.
Approve the contract template for investments of excess funds by local
agencies. Authorize the
Auditor-Controller/Treasurer-Tax Collector to enter into these contracts at
his/her discretion following the current County's Investment Policy.
34.
Request
from the Treasurer-Tax Collector to approve an agreement with the City of
Hanford for the voluntary deposit of excess funds into the Tulare County
Treasury Pool.
35.
Request
from the County Administrative Office to consider, modify as needed, and
approve the responses to the Tulare County Grand Jury 2012/13 Final Report
regarding the reports entitled: Fiscal Control of Revolving Accounts; Indigent
Burial Program; and Potholes. Authorize
the Chairman to sign the response letters.
36.
Request
from the Resource Management Agency to approve the Business Opportunities Work
Program. Approve the Tourism Work Program. Approve the Film Commission Work
Program.
37.
Report
given by Resource Management Agency on the development of a Complete Streets
Policy for the unincorporated communities of Pixley, Goshen and Traver.
(Closed Session)
CLOSED SESSION
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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
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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
Items on
open session agenda regarding Investment of Excess Funds
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Sundale Vineyards, L.P. vs County
of Tulare
Tulare
County Superior Court Case No. 252564
Next Item(s)
Sitting as...
ITEM
C
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
D
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
E
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
F
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
G
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
H
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 425 E. Kern Tulare CA
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Judicial Council of California
Administrative
Office of the Court
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 87 E. Morton Porterville CA
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Judicial Council of California
Administrative
Office of the Court
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: John Crivello vs. County of Tulare
Workers'
Compensation Appeals Board Numbers ADJ7701480 & ADJ 7701478
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Steven Thompson vs. County of
Tulare
Workers'
Compensation Appeals Board Number ADJ2335030
Next Item(s)
Sitting as...
ITEM
L
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Cervantes, Esperanza vs. County of
Tulare, Rosie Soleno Tulare County Superior Court Case No. 13-250776
Next Item(s)
Sitting as...
ITEM
M
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation
[Government
Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 1
Fatality
at private employee housing, at development located at 15832 Ave. 384 Unit 6
operating under an Employee Housing Act Permit
Next Item(s)
Sitting as...
ITEM
N
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Filberta San Miguel vs. County of
Tulare
In Home
Supportive Services EEOC Charge No. 37A-2008-06110
Next Item(s)
Sitting as...
ITEM
O
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 No. SA-CE-748-M
Next Item(s)
Sitting as...
ITEM
P
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
Q
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
R
CONSIDER THE
DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:
Details
Public
Employee Discipline/Dismissal/Release
(Government
Code Section 54957, et seq.)
Next Item(s)
Sitting as...
ITEM
S
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Rhonda
Sjostrom, Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
