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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

August 13, 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.                  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)

 

 

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

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

 

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

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...