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


October 29, 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.                  Present Proclamation to declare October 29, 2013 as Daughters of the Nile Day in Tulare County.

2.                  Present Proclamation honoring Virginia Almeida as the recipient of the Save the Children National Child Service Award.

3.                  Request from Health and Human Services Agency to designate the month of November 2013 as Adoption Awareness Month in Tulare County.  Support the goals and ideals of National Adoption Awareness Month, including raising public awareness of children in foster care waiting to find permanency and celebrating and honoring all families who adopt.

 

4.                  Public Comments.

5.                  Board of Supervisors matters.

 (Consent Calendar)

CONSENT CALENDAR (Number 6 through 23)

 

 

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

6.                  Authorize the reissuance of one (1) replacement warrant for Lucille Lourenco Ferreira Warrant No. 2845460 in the amount of $11,083.49.

Board of Supervisors

7.                  Ratify the following Proclamations: Honoring Luiz Castellanoz as the 2013 Administrator of the Year; Honoring Susan Burley as the 2013 Teacher of the Year; and Honoring Gail Inman as the 2013 Secretary/Bookkeeper of the Year.

County Administrative Office/General Services

8.                  Approve sending a letter to the California High Speed Rail Authority requesting that businesses impacted by the proposed rail alignment be compensated for the full replacement value of their businesses if the alignment is not modified and results in the destruction, or makes unfeasible, ongoing operations.

9.                  Approve the Lease Agreement with Sierra View Local Health Care District for office space at 633 and 643 N. Westwood in Porterville for a period of two years at a rate of $18,719.25 per month.

Health & Human Services Agency

10.             Approve the acceptance of funds from the Governor's Office of Emergency Services (Cal OES) for the Fiscal Year 2013 State Homeland Security Grant Program in the amount of $473,024, retroactive to September 20, 2013 through April 30, 2015.  Find that that Board had authority to accept the grant funds as of September 20, 2013, and that it was in the County's best interest to accept the funding on that date.  Accept funds on behalf of Tulare County Fire and the Public Health Emergency Preparedness Program.  Approve the necessary budget adjustments (4/5ths vote required).

 

 

11.             Approve the acceptance of funds from the California Emergency Management Agency for the Fiscal Year 2013 Emergency Management Performance Grant in the amount of $217,734, retroactive to July 1, 2013 through June 30, 2014.  Find that the Board had authority to accept the grant funds as of July 1, 2013 and that it was in the County's best interest to accept the funding on that date.

12.             Approve an agreement with the Tulare County Office of Education for the NEOP Program for youth engagement to promote increased fruit and vegetable consumption and physical activity among SNAP-Ed eligible population in an amount not to exceed $120,000, retroactive to October 1, 2013 through June 30, 2016.  Find that the Board had the authority to enter into the proposed agreement as of October 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

13.             Approve an agreement with Family Health Care Network for the NEOP Program to promote increased fruit and vegetable consumption and physical activity among SNAP-Ed eligible population in an amount not to exceed $195,000, retroactive to October 1, 2013 through June 30, 2016.  Find that the Board had the authority to enter into the proposed agreement as of October 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 Kaweah Delta Foundation for the NEOP Program to promote increased fruit and vegetable consumption and physical activity among SNAP-Ed eligible population in an amount not to exceed $180,000, retroactive to October 1, 2013 through June 30, 2016.  Find that the Board had the authority to enter into the proposed agreement as of October 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

15.             Approve an agreement with Crestwood Behavioral Health, Inc. - BASIC Services in the amount of $1,300,000 to provide a comprehensive and balanced range of mental health services, 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 Helios Healthcare, LLC in an amount not to exceed $70,000 for the provision of acute psychiatric inpatient services for Med-Cal beneficiaries, 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.

17.             Approve an agreement with AT Stills University to provide a Clerkship Training Program offering osteopathic medicine, 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.

18.             Approve an agreement with Central Valley Recovery Services, Inc. in an amount not to exceed $1,038,000 for perinatal substance use disorder treatment and recovery, 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.

19.             Approve payment in the amount not to exceed $12,000 for technology enhancement to better support and provide services to the clients. Approve the necessary budget adjustments (4/5ths vote required).

Probation

20.             Approve an amendment to Agreement No. 25434 with Government Payment Service, Inc. (d.b.a "GovPayNet"), also known as GPS, to extend the term of the agreement for the purpose of accepting credit and/or debit card payments, retroactive to April 24, 2013 through April 23, 2014. Find that the Board had authority to enter into the proposed agreement as of April 24, 2013, and that it was in the County's best interest to enter into the agreement as of that date.

21.             Accept grant funding in the amount of $27,638 from the State of California, Board of State and Community Corrections for Fiscal Year 2013/2014 for continued Juvenile Accountability Block Grant funding.  Agree to provide all matching funds required for said project, and abide by the statutes and regulations governing the Juvenile Accountability Block Grant Program, as well as the terms and conditions of the Grant Agreement as set forth by the Board of State and Community Corrections.  Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Resource Management Agency

22.             Approve the Tract 92 Community Services District Well Remediation Feasibility Study Final Report (May 2012).

Sheriff/Coroner

23.             Approve the Personnel Resolution eliminating position 9920 - Investigator Aide from the Sheriff's position allocation list.  Approve the necessary budget adjustments for Fiscal Year 2013/2014 (4/5ths vote required).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

24.             Request from Capital Projects and Facilities to deny the bid protest filed by Lee's Paving, Inc. Award the contract for the Tulare County Harmon Field Low Temperature Thermal Desorption Soil Remediation Project, 1494 South Airport Road, Pixley, California to the lowest responsible bidder, Pacific States Environmental Contractors, Inc., 11555 Dublin Boulevard, Dublin, CA 94568 in the amount of $3,681,034. Authorize the Chairman to sign the construction agreement upon receipt of required certificates of insurance and bonds, subject to review and approval as to form by County Counsel. Approve the necessary budget adjustments (4/5ths vote required).

25.             Request from the Solid Waste Department to receive a report from Blue Ridge Services on landfill operations.  Grant operational authority to the Solid Waste Director to make changes to site operations.

(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: 2

Review the protests from Lee’s Paving.  Award and approve the Remediation Project at Harmon Field.

See Board of Supervisors Agenda Item October 29, 2013

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  Vacant 3.86 acre parcel on East Olive west of Plano immediately south of the new Porterville Courthouse APN 261-130-004

Agency Negotiator:  Robert Newby and Jean Rousseau

Negotiating Parties:  Plano Properties

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  Vacant 4.5 acre parcel at the Southwest corner of Westwood and Henderson in Porterville California APN 240-270-035

Agency Negotiator:  Robert Newby and Jean Rousseau

Negotiating Parties:  Visalia Community Bank

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description:  643 North Westwood Porterville California

Agency Negotiator:  Robert Newby and Jean Rousseau

Negotiating Parties:  Sierra View Local Health Care 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:  633 North Westwood Porterville California

Agency Negotiator:  Robert Newby and Jean Rousseau

Negotiating Parties:  Sierra View Local Health Care District

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:  663 North Westwood Porterville California

Agency Negotiator:  Robert Newby and Jean Rousseau

Negotiating Parties:  Sierra View Local Health Care District

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WTIH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Garcia, Juan Mendez vs. County of Tulare

Tulare County Superior Court Case No. 253417

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ITEM H

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 Relation Board Charge No.: SA-CE-827-M

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ITEM I

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...

ITEM J

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Solid Waste Director

(Government Code Section 54957)

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