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


 

August 27, 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 Sgt. James McKay upon his retirement from the Sheriff's Department for his many years of County service.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Health and Human Services Agency to continue the Public Hearing from May 21, 2013 for the adoption of fee adjustments for the Environmental Health Division for Fiscal Year 2013/2014. Approve the withdrawal of proposed fees previously recommended for approval for the Tulare County HHSA: Environmental Health Division to cover costs.

(Consent Calendar)

CONSENT CALENDAR (Number 5 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.

 

 

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

5.                  Consolidate the District and Municipal Elections, listed in Appendix A, with the Consolidated Districts Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, November 5, 2013. Authorize the Election Official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Special Districts and Municipal Elections. Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 and following of the Elections Code. Agree that each individual District shall pay for the Candidate's Statement, unless otherwise indicated in that District's Resolution calling for consolidation, or as modified pursuant to law. Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the Election Official to the District. Agree that the Election Official will prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election. Agree that the elections included in Appendix A are to be consolidated as set forth above.

6.                  Approve an amendment to Agreement No. 25556 with The Data Center to extend the term of the agreement to June 30, 2015 with an additional 2 year option for providing data, print, and mailing services, retroactive to July 1, 2013 through June 30, 2015. 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.

Board of Supervisors

7.                  Ratify a Proclamation honoring Mid-Valley Cotton Growers, Inc. on their 75th Anniversary.

8.                  Appoint Andrew Alvarez, Resident - District 2 to the Tulare County Health Advisory Committee for a term ending February 1, 2014.

9.                  Appoint Angie I. Tipton, District 3 - Consumer to the Community Health Center Board for a term ending April 18, 2014.

10.             Appoint Marc A. Lippincott, Public Member to the Tulare County Treasury Oversight Committee for a term ending December 17, 2013.

County Administrative Office/Clerk of the Board

11.             Ratify actions taken by the County Administrative Officer during the month of July 2013 regarding Good Works Funding Agreements.

12.             Approve the new or amended Conflict of Interest Codes adopted by local government agencies for First 5 Tulare County and Sycamore Valley Academy.

Health & Human Services Agency

13.             Approve an amendment to Agreement No. 24664 with Family Services of Tulare County, Inc. to increase the amount by $9,000 to an amount not to exceed $114,000 and extend the agreement term to September 30, 2013 for the provision of increased youth knowledge and awareness regarding the consequences of underage drinking, retroactive to July 1, 2013. Find that the Board had authority to enter into the proposed amendment as of July 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

14.             Approve an amendment to Agreement No. 24665 with Proteus, Inc. to increase the amount of the agreement by $9,000 to an amount not to exceed $114,000 and extend the agreement term to September 30, 2013 for the provision of increased youth knowledge and awareness regarding the consequences of underage drinking, retroactive to July 1, 2013. Find that the Board had authority to enter into the proposed amendment as of July 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

15.             Approve an amendment to Agreement No. 24767 with Tulare County Office of Education to increase the amount of the agreement by $9,000 to an amount not to exceed $129,000 and extend the agreement term to September 30, 2013 for the provision of increased youth knowledge and awareness regarding the consequences of underage drinking, retroactive to July 1, 2013. Find that the Board had authority to enter into the proposed amendment as of July 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

16.             Approve an agreement with the California Department of Public Health, Office of AIDS for the HIV Care Programs in the total amount of $114,296, retroactive to July 1, 2013 through March 31, 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.

17.             Approve an agreement with the California Department of Public Health. Office of AIDS for the HIV/AIDS Surveillance Program in a total amount of $86,610, retroactive to July 1, 2013 through June 30, 2016. 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.

18.             Approve an agreement with the Tulare County Office of Education in an amount not to exceed $159,410 for the provision of the Preschool Expulsion Reduction 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.

19.             Approve an agreement with the Tulare County Superintendent of Schools in an amount not to exceed a total of $450,000 for 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.

20.             Approve an agreement with Star View Adolescent Center to provide Community Treatment Facility and Psychiatric Health Facility beds and related mental health treatment for the benefit of Tulare County consumers in an amount not to exceed $280,000, 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.

21.             Approve an agreement with Turning Point of Central California, Inc. for the Central County One-Stop Center to provide mental health services in an amount not to exceed $700,000, 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.

22.             Approve an agreement with United Way of Tulare County to allow for continuation of the 2-1-1 Referral Line Program in an amount not to exceed $81,900, retroactive to July 1, 2013 to 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 the California Department of Health Care Services to ensure the security and privacy of Medi-Cal Personally Identifiable Information.

Human Resources & Development

24.             Ratify and approve the Side Letter of Understanding between the County of Tulare and the District Attorneys Criminal Investigators Association of Tulare County, Bargaining Unit 22, signed by the parties on August 15, 2013. Find that the Board had authority to enter into the proposed agreement as of August 15, 2013, and that it was in the County's best interest to enter into the agreement on that date.

 

Information & Communications Technology

25.             Approve the annual renewal of license and maintenance with Bear Data Solutions in an amount not to exceed $175,422 to provide license and maintenance support for Cisco Smartnet equipment, retroactive to August 1, 2013 through August 31, 2014. Find that the Board had authority to enter into the proposed renewal as of August 1, 2013, and that it was in the County's best interest to enter into the renewal on that date.

Probation

26.             Approve an agreement with the Board of State and Community Corrections for the Juvenile Accountability Block Grants (JABG) Program in the amount of $27,638, with a $3,071 match, 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.

27.             Approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing Program for the distribution, maintenance, and use of seized and forfeited drug assets, 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.

Resource Management Agency

28.             Affirm that Tulare County is not interested in accepting vacated state highway right of way generally described as a strip of land 22 feet in width along the south side of State Route 198 between Road 44 (the County line) and Road 68. Authorize the Assistant Director-Public Works to sign the letter responding to Caltrans on behalf of Tulare County.

29.             FOR INFORMATION ONLY: Bid Opening results for the Sequoia Field Airport Apron & Hangar Taxilane Construction:

Contractor

Proposal

Granite Construction Compny

$959,957.00

Teichert Constuction

$990,300.50

Papich Construction Company, Inc.

$995,826.20

Avison Construction, Inc.

$1,012,984.00

A.J. Excavation, Inc.

$1,027,837.00

Emmett's Excavation, Inc.

$1,132,140.65

R. J. Berry Jr., Inc.

$1,166,219.50

American Paving Co.

$1,192,941.00

Lee's Paving Inc.

$1,294,375.75

Engineers Estimate

$964,545.00

 

(Items Not Timed)

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

30.             Request from the Auditor-Controller/Treasurer-Tax Collector to approve the rate of taxation of the State and County for Fiscal Year 2013/14 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assessed valuation (Article XIII California Constitution). Approve the tax rates as shown on Schedule A. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the unitary and operating non-unitary property of the County of Tulare, State of California, as computed pursuant to the provision of law (Revenue and Taxation Code Section 100). Approve the tax rates as shown on Schedule B. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount to pay the principal and interest on the bonds and for special purposes of said school districts (Revenue and Taxation Code Section 93). Approve the Special District Tax Rates as shown on Schedule C. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the various districts included on the schedule of Special Districts (Revenue and Taxation Code Section 93). Approve and accept the Statement of the Valuation of the Property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector and filed with this Board [Government Code 25254(a)].

31.             Request from Resource Management Agency to adopt a policy that Anaerobic Digester Electric Generation Facilities and other renewable energy projects, whether discretionary or ministerial, shall be subject to a Developer Agreement. Approve the standard form Developer Agreement for Anaerobic Digester Electric Generation Facilities. Authorize the County Administrative Officer to sign the standard form agreements on behalf of the County. Authorize County Counsel to update said agreements as may be necessary from time to time. This policy is effective immediately.

32.             Request from Resource Management Agency to authorize Zone Change Initiation PZI 13-003 (Cassaday/Ivanhoe) to proceed with a zone change on a 39.66 acre parcel from AE-80 (Exclusive Agriculture-80 acre minimum) to AE-20 (Exclusive Agriculture-20 acre minimum) for the lot known as Assessor's Parcel Number 110-050-026, located two miles east of Ivanhoe.

33.             Request from County Administrative Office to provide direction to staff regarding the issuance of ten (10) Encroachment Permits and Well Permits to Gregg Drilling, Inc. of Martinez, CA working on behalf of the High Speed Rail Authority to conduct soil boring in the County's Right of Way.

34.             Report from Resource Management Agency's Planning Branch regarding substandard building abatement activity during Fiscal Year 2012/2013.

(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: Sundale Vineyards, L.P. vs. County of Tulare

Tulare County Superior Court Case No. 252564

Next Item(s) Sitting as...

ITEM B

CONFERENCE WTIH 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 - 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 WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: 633 and 643 N. Westwood, Porterville, CA

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Sierra View Local Healthcare District

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM E

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 F

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 G

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom and Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...