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

 

September 10, 2013

 

3:00 P.M. Board Convenes for Closed Session

Board Chambers, Administration Building

2800 W. Burrel Avenue, Visalia, CA

 

7:00 P.M. Board Reconvenes for Open Session

Woodlake Council Chambers

350 N. Valencia Boulevard, Woodlake, CA

 

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 Allison Pierce, Board Representative regarding the Summer Nights Light Program in District 4.

2.                  Public Comment

3.                  Board of Supervisors matters.


 

7:30 P.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to conduct a public hearing regarding the establishment by California Municipal Finance Authority of a community facilities district under the Mello-Roos Community Facilities Act of 1982, as amended, within the unincorporated areas of the County of Tulare. Find that adoption of a resolution authorizing the California Municipal Finance Authority to establish a community facilities district is not a "project" under the California Environmental Quality Act, because the resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of regulations, Section 15378 (b) (4)). Adopt a resolution authorizing the California Municipal Finance Authority to establish a community facilities district to provide financing for the acquisition, installation and improvement of renewable energy, energy efficiency and water conservation improvements to or on property in the County of Tulare, accept applications from property owners and levy special taxes within the territory of the County; and authorizing related actions.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 28)

 

 

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.

 

 

 

Board of Supervisors

5.                  Reappoint Michael Sheltzer to the Law Library for a term ending December 31, 2013.

6.                  Reappoint Cecilia Calderon, District 2-Consumer to the Community Health Center Board for a term ending April 18, 2017.

7.                  Reappoint Glen Fowler, District 1 Seat and Lance Morris, District 2 Seat to the Assessment Appeals Board for terms ending September 2, 2016.

County Administrative Office/General Services

8.                  Approve sending a letter of opposition to the U.S. Fish and Wildlife's proposed California Foothills Legacy Area which could place up to 325,000 acres of private rangeland in the Central Valley counties of Merced, Mariposa, Stanislaus, Tulare, Kern, and San Benito into permanent federal conversation easements.

9.                  Approve an amendment to Lease Agreement No. 16275 with David and Carol Cairns and Aubrey A. Mauriston for communication vault space located on Case Mountain for a twenty-five year term extension upon approval by the Board with a retroactive rental adjustment to April 1, 2013. Find that the Board had authority to enter into the proposed amendment for the retroactive rental adjustments as of April 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

10.             Accept a portion of the Irrevocable Offer to dedicate real property along the north side of Avenue 152 at Road 208 described as "The north 12 feet of the south 42 feet of Parcel 2 that was offered for dedication on Parcel Map No. 4201 per Parcel Map recorded in Book 43 of Parcel Maps at Page 5 on February 28, 1995 in the office of the Tulare County Recorder. Direct the Clerk of the Board to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder.

District Attorney

11.             Approve the Capital Asset purchase of a new vehicle in the amount of $35,000 for the Unserved/Underserved Victim Advocacy and Outreach Program. Approve the necessary budget adjustments (4/5ths vote required).

12.             Approve the Grant Award Agreement with the California Governor's Office of Emergency Services for the Unserved/Underserved Victim Advocacy and Outreach Program in the amount of $125,000, with a $31,250 match, for the period of October 1, 2013 through September 30, 2014. Authorize the Chairman to sign the Grant Award Face Sheet and the Certification of Assurance of Compliance. Authorize the County Administrative Officer, or his designee, to sign the Certification of Assurance of Compliance. Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

13.             Approve an agreement with Turning Point of Central California, Inc. for the North 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.

14.             Approve an agreement with Turning Point of Central California, Inc. for the North County Mobile Unit to provide mental health services in an amount not to exceed $850,000, 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.

15.             Approve the acceptance of grant funds from CalRecycle in the amount of $24,375 for the Local Enforcement Agency Program, twenty-fourth cycle, retroactive to July 1, 2013 through October 28, 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 the California Department of Public Health for the California HIV/AIDS Case Reporting System Data Use and Disclosure for a term of one (1) year from the date of signing.

17.             Accept the award for funding from the California Department of Public Health, Tuberculosis Control Branch in the amount of $130,214 to support tuberculosis prevention and control for the Fiscal Year July 1, 2013 to June 30, 2014. Find that the Board had authority to accept the award as of July 1, 2013, and that it was in the County's best interest to accept the award on that date.

18.             Approve an amendment to Agreement No. 21964 with the National Council on Alcoholism and Drug Dependence for the provision of alcohol and drug prevention services to increase the amount of the agreement by $40,000 to an amount not to exceed $490,000, update Exhibits A and B, and extend the term to September 30, 2013, 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.

Information & Communications Technology

19.             Approve an agreement with Northpointe in an amount not to exceed $17,820 for providing user licenses and maintenance support for COMPAS, retroactive to June 30, 2013 through June 29, 2014. Find that the Board had authority to enter into the proposed renewal as of June 30, 2013, and that it was in the County's best interest to enter into the renewal on that date.

20.             Approve the renewal of license and support with Syncsort Backup Express software in an amount not to exceed $160,000 to provide license and support for the period of September 28, 2013 through September 27, 2014.

Resource Management Agency

21.             Approve the designation of a Two-Way STOP on Rankin Avenue (Avenue 200) and I Street (Diagonal 112A) as a controlled intersection. Authorize the installation of STOP signs on Rankin Avenue (Avenue 200) at the intersection of "I" Street (Diagonal 112A) in accordance with the provisions of Section 2B.04 of the 2012 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code.

22.             Introduce and waive the first reading of an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZ 13-004 (Terra Bella Medical Clinic) from R-2 (Two Family Residential) to P-O (Professional Office) on approximately 21,000 square foot portion of Assessor's Parcel Number 318-084-001 to construct a 4,212 square foot medical clinic located on the eastern edge the Road 238 and Magnolia Ave intersection within the community of Terra Bella. Set the Public Hearing for September 24, 2013 at 9:30 a.m. or shortly thereafter as can be heard.

 

23.             Introduce and waive the first reading of an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZ 13-002 (Cassaday/Ivanhoe) on approximately 39.66 acres from Exclusive Agriculture-80 Acre Minimum (AE-80) to Exclusive Agriculture-20 Acre Minimum (AE-20) located near Venice Hill, two miles east of the community of Ivanhoe, mile west of Road 188 and one mile south of Avenue 336. Set the Public Hearing for September 24, 2013 at 9:30 a.m. or shortly thereafter as can be heard.

24.             Authorize the filing of Notices of Partial Non-Renewal for the following six (6) Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from the approval of two separate parcel maps and four lot line adjustments. PNR 11-028 - Williamson Act Contract No. 4162, Ag Preserve No. 1025, located north of the alignment of Avenue 392, between Road 104 and Road 108, north of Monson, (Lonnie & Judith Pattee and John Jacobi) (10 acres from 59.17 acres to be non-renewed as a condition of PLA 10-046) (59.17 acres in two parcels subject to contract amendment). PNR 12-009 - Williamson Act Contract No. 05585, Ag Preserve No. 1831, located on the southeast corner of Avenue 237 and Road 200, west of Lindsay (Leonora Pescolido) (3.03-acres from 46.9 acres to be non-renewed as a condition of PLA 12-004 (46.9 acres in two parcels subject to contract amendment). PNR 13-016 - Williamson Act Contract No. 10859, Ag Preserve No. 1590, located on the east side of Road 204, south of Avenue 224 (Canna Street), and west of Lindsay (Guy A. Wollenman and Joanie E. Wollenman) (0.65 acres from 9.33 acres to be non-renewed as a condition of PLA 13-011 (9.33 acres in two parcels subject to contract amendment). PNR 13-018 - Williamson Act Contract No. 4442, Ag Preserve No. 1214, located on the west side of Road 60, approximately 800 feet south of Avenue 240, west of Tulare (Dennis A. Mederos, David L. Mederos, Douglas Mederos) (1.12 acre from 36.63 acres non-renewed as a condition of PLA 13-002) 36.63 acres in two parcels subject to contract amendment. PNR 13-019 - Williamson Act Contract No. 5227, Ag Preserve No. 1785, located on the northwest and northeast corners of the intersection of Road 76 and Avenue 430, north of Dinuba (Clifford W. Unruh) (1.82 acre from 35.5 acres to be non-renewed as a condition of PPM 12-033) 35.5 acres in two parcels subject to contract amendment. PNR 13-020 - Williamson Act Contract No. 3484, Ag Preserve No. 946, located on the northeast corner of the intersection of Road 112 and State Highway 201, west of Cutler (Jerry Halford) (1.31 acres from 37.72 acres to be non-renewed as a condition of PPM 12-036) 37.72 acres in two parcels subject to contract amendment. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

Sheriff/Coroner

25.             Approve an agreement with the Board of State and Community Corrections for the Residential Substance Abuse Treatment in the amount of $185,427, retroactive for the period of July 22, 2013 through June 30, 2014. Find that the Board had authority to enter into the proposed agreement as of July 22, 2013, and that it was in the County's best interest to enter into the agreement on that date.

 

 

26.             Approve an amendment to Agreement No. 25307 with the United States Forest Service for the suppression of manufacturing and trafficking of controlled substances on or affecting Forest Service land, retroactive October 1, 2012 through September 30, 2013. Find that the Board had the authority to enter into the proposed amendment to the agreement as of October 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

27.             Approve an amendment to Agreement No. 26177 with the United States Department of Justice, Drug Enforcement Administration increasing the funding from $220,000 to $240,000 for cannabis eradication and suppression.

28.             Approve the Annual Maintenance Service Agreement Purchase Order with Applications Data Systems, Inc for criminal justice software in the amount of $139,525, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had the authority to enter into the proposed amendment to the agreement as of July 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

 

29.             Authorize the Tulare County Fire Department to develop, promote and implement a Community Fire Corps.

30.             Request from Capital Projects and Facilities to review, modify as needed, and approve the Fiscal Year 2013/14 Capital Improvement Plan. Review, modify as needed, and approve the Fiscal Year 2013/14 Facilities Improvement Plan.

31.             Receive a presentation from the Resource Management Agency regarding the utilization of Measure R Bicycle and Pedestrian funding to design appropriate safe routes to school improvements and recreational trails. Approve the Measure R Program Supplement to the Cooperative Agreement with Tulare County Transportation Authority in the amount of $25,000 to perform design and environmental work related to Alpaugh Elementary School Safety Improvements. Approve the Measure R Program Supplement to the Cooperative Agreement with Tulare County Transportation Authority in the amount of $35,000 for installation of Pedestrian Safe Route to School Projects at two intersections: Project No. 1 at Road 234, 1,500 feet south of Terra Bella Road and Project No. 2 is located at Road 236 and Acacia Avenue in Terra Bella. Approve the Measure R Program Supplement to the Cooperative Agreement with Tulare County Transportation Authority in the amount of $30,000 for the design of Pedestrian Safe Route to School Project improvements along Acacia Avenue (between Road 236 and Road 238), and Road 238 (between Acacia Avenue and Avenue 92) in Terra Bella. Approve the Measure R Program Supplement to the Cooperative Agreement with Tulare County Transportation Authority in the amount of $20,000 to perform design and environmental work related to Bicycle and Pedestrian trail improvements at Bartlett Park. Approve the Measure R Program Supplement to the Cooperative Agreement with Tulare County Transportation Authority in the amount of $25,000 to perform design and environmental work related to Bicycle and Pedestrian trail improvements at Balch Park.

32.             Request from Resource Management Agency to approve the Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines for the proposed project encompassing the replacement, reconstruction, relocation, and operation, as the case may be, of the Men's Correctional Facility and the Day Reporting Center at Sequoia Field in Tulare County, California. Authorize the Environmental Assessment Officer of the Tulare County Resource Management Agency to file the Notice of Exemption and any other documents associated with the approval of this project with the Tulare County Clerk and any other affected public agency.

(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: Sierra Club vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249061

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ITEM B

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

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