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

 

December 17, 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 Michael Sheltzer, Public Defender for his many years of County service.

2.                  Presentation regarding the implementation of the County of Tulare Fraud Hotline.

3.                  Public Comments.

4.                  Board of Supervisors matters.

 

 

 

 

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 41)

 

 

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, Board of Supervisors Designee and Thomas Brodersen, County Bar to the Law Library for terms ending December 31, 2014.

6.                  Reappoint Phillip A. Cox, Member 9 Seat and Gary Reed, Member 5 Seat to the Tulare County Employees' Retirement Board for terms ending December 31, 2016.

7.                  Appoint Stan R. Creelman, Trustee to the Tulare Mosquito Abatement District for a term ending December 31, 2015.

8.                  Reappoint Bette George to the Delta Vector Control District for a term ending December 31, 2015.

9.                  Appoint Judy Sarber, Resident - District 5 to the Tulare County Health Advisory Committee for a term ending February 1, 2014.

10.             Reappoint Joe Garcia, County Representative to the Tulare County Indian Gaming Local Community Benefit Committee for a term ending January 1, 2018.

11.             Reappoint Marc A. Lippincott, Public Member to the Tulare County Treasury Oversight Committee for a term ending December 17, 2016.

12.             Appoint Gregory F. Gillett, District 5 - Alternate to the Tulare County Association of Governments to serve at the pleasure of the Board.

13.             Reappoint John Elliott, Director 1, Nancy Pitigliano, Director 2 and Gamaliel (Gil) Aguilar, Member At-Large to the Tulare County Planning Commission for terms ending December 31, 2017.

14.             Appoint Glenn Irish, County Fire Chief's Association to the Independent Ambulance Compliance Committee for a term ending December 31, 2014.  Reappoint John Lollis, Incorporated Cities, Shay Moore, Hospitals, and Stephen C. Harrell, Member At-Large to the Independent Ambulance Compliance Committee for terms ending December 31, 2015.

15.             Reappoint James Carr, At-Large Member and Erin Brooks, At-Large Member to the Tulare County Mental Health Board for terms ending December 31, 2016.

16.             Reappoint Walter Stammer, District 1 and Wayne Millies, District 5 to the Tulare County Public Facilities Corporation for terms ending July 1, 2017.

17.             Appoint Allen Ishida to the Sierra Nevada Conservancy Board for a term ending January 1, 2016.

18.             Appoint the following individuals to the Cemetery Districts for terms ending January 1, 2018:

Alta Cemetery District

 

Eshom Valley Cemetery District

Jeff Belknap, Trustee

 

Paul F. Roche, Trustee

Marcia Williams, Trustee

 

 

Sue Halford, Trustee

 

 

 

 

 

Exeter Public Cemetery District

 

Lindsay-Strathmore Public Cemetery District

Judith Anderson, Trustee

 

Jeff Tienken, Trustee

 

 

 

Porterville Public Cemetery District

 

Three Rivers Public Cemetery District

Darrell Taylor, Trustee

 

Robert Hanggi, Trustee

 

 

 

Tipton-Pixley Public Cemetery District

 

Woodlake Public Cemetery District

David Risenhoover, Trustee

 

Patricia Marin, Trustee

Danny Bilbrey, Trustee

 

Bill Crawford Jr., Trustee

Bobby Jackson, Trustee

 

 

 

 

 

Woodville Public Cemetery District

 

 

James Costa, Trustee

 

 

John Paczak, Trustee

 

 

 

County Administrative Office/General Services

19.             Waive the second reading and adopt an Ordinance adding Chapter 29 to Part I of the Ordinance Code, pertaining to post employment restrictions.  Direct the Clerk to publish a full copy of the Ordinance after adoption as required by law.

20.             Approve an amendment to Agreement No. 24777 with ABM Industries to extend the term of the agreement to December 31, 2014 for providing janitorial services in County facilities that are located outside of the County seat.  In accordance with Government Code Section 31000, find that these outlying areas are remote from available County employee resources and that the County's economic interest is served by such a contract rather than by paying additional travel and subsistence expenses to existing County employees.

Health & Human Services Agency

21.             Reappoint Melissa Prado, Consumer Seat to the Tulare County Child Care Development and Planning Council for a two-year term, retroactive to July 1, 2013 and ending on June 30, 2015. Direct the Clerk of the Board to recruit members for vacant positions per the provisions of the Maddy Act.

22.             Approve the acceptance of additional funds from the Governor's Office of Emergency Services (Cal OES) for the Fiscal Year 2012 Emergency Management Performance Grant in the amount of $59,585, retroactive to July 1, 2013 through March 31, 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.

23.             Approve the amendment to Agreement No. 26059 with the California Department of Corrections and Rehabilitation/California Correctional Health Care Services for the TulareCare Low Income Health Program to update the contact information and replace Exhibit E in its entirety with the attached Exhibit E, Business Associate Agreement.

24.             Approve an amendment to Agreement No. 25709 (State Agreement No. 12-10238) with the California Department of Public Health for California's Personal Responsibility and Education Program, retroactive from July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the proposed amendment as of July 1, 2012, and that it was in the County's best interest to enter into the amendment on that date.

25.             Approve an agreement with Family Services of Tulare County in an amount not to exceed $253,149 for the provision of supervised visitation services to families whose children have been placed in out-of-home care from January 1, 2014 through June 30, 2015.

26.             Approve an agreement (State of California Agreement No. 13-20353) with the California Department of Public Health, Immunization Branch to receive funding in the amount of $567,868 to renew the provision for an Immunization Program in Tulare County, retroactive from July 1, 2013 through June 30, 2017.  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.

Information Communications and Technology

27.             Approve an agreement with IBM Credit LLC in an amount not to exceed $199,000 to upgrade the hardware to extend the life of the mainframe and maintenance services for the period of February 1, 2014 to November 30, 2016.  Delivery of the hardware is scheduled for December 31, 2013 with a tentative installation date of January 18, 2014.

Resource Management Agency

28.             Declare their intent to vacate a portion of right of way along the west side of State Street in Earlimart, more particularly described in Exhibit "A."  Set a public hearing for January 28, 2014 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned portion of right of way.  Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

29.             Declare their intent to vacate a portion of right of way along the south side of Washington Street in Earlimart, more particularly described in Exhibit "A."   Set a public hearing for January 28, 2014 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned portion of right of way.  Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

30.             Accept the work for the construction of Ivanhoe Public Utility District Domestic Water Well No. 8 and appurtenances as complete by Travioli Construction, Inc., of Visalia, California.  Authorize the Chairman to sign the Notice of Completion.  Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

31.             Elect to receive the "full county payment amount" in the amount of $555,234 from the Secure Rural Schools and Community Self Determination Act of 2000.  Designate eight percent (8%) of the "full county payment amount" to Title II (Special Projects on Federal Lands) and seven percent (7%) to Title III (County Funds) for Fiscal Year 2013.

32.             Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Road 56 Bridge Replacement over Packwood Creek.  Approve the Plans, Special Provisions, Proposal and Contract for the construction of the Road 56 Bridge Replacement over Packwood Creek.  Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids of the Road 56 Bridge Replacement over Packwood Creek.  Set the bid opening date for February 12, 2014 at 2:00 p.m.

33.             Approve a State Matching Grant from the California Department of Transportation, Division of Aeronautics, in the amount of $50,000, to fund the Sequoia Field Airport Apron and Hanger Taxilane Project.  Authorize the Chairman to sign the Grant Agreement, subject to review and approval as to form by County Counsel.

34.             Approve an amendment to Agreement No. 25350 with Dokken Engineering for professional environmental engineering consulting services for the Avenue 416 Kings River Bridge Replacement Project, amending the scope of services required and increasing the total not to exceed amount by $12,710 to $267,770, retroactive to October 1, 2013, to allow the work for humane eviction of a sensitive bat species from the bridge falsework to be performed by Dokken Engineering prior to October 15, the end of the seasonal bat eviction window.  If the humane eviction were not performed prior to October 15th, the falsework would not be allowed to be removed during this years low flow period in the Kings River, which would delay completion of the project by one year.  The method and scope of work for the humane bat eviction was developed in September 2013 by the project biologist in consultation with the bridge Contractor and the California Department of Fish and Wildlife and the agreement could not be finalized prior to the October 15, 2013 date.  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.

35.             Approve a Measure R Program Supplement Agreement with the Tulare County Transportation Authority in the amount of $220,000 for funding of the construction of curb, gutter, sidewalk and bus turnouts as part of the traffic signal project at Avenue 295 and Road 156 and Avenue 296 and Road 156.

36.             Approve the Local Assistance Projects Cooperative Work Agreement (CWA) Cycle 11 Budget Authority Lapsing June 30, 2014 for the Avenue 416 Kings River Bridge project extending the date that State funds will lapse from June 30, 2014 to June 30, 2015.

37.             Approve the Streambed Alteration Agreement with the California Department of Fish and Wildlife for the Road 148 Outside Creek Bridge Replacement Project.

38.             Approve an agreement in an amount not to exceed $393,000 with Provost & Pritchard for planning and engineering consultant services for the Plainview Wastewater Planning Study.

39.             Approve a Cooperative Agreement with the City of Delano to perform asphalt concrete milling by County road crews on High Street within the boundaries of the City of Delano.  Authorize the Chairman to execute the Cooperative Agreement with the City of Delano on behalf of the County of Tulare, subject to approval as to form by County Counsel.

Sheriff/Coroner

40.             Approve a budget adjustment for Fiscal Year 2013/2014 for the purchase of a replacement mobile crime laboratory.  Authorize the necessary budget adjustments (4/5ths vote required).

41.             Approve the Capital Asset purchase of a full size pick-up truck in an amount not to exceed $40,000.  Authorize the necessary budget adjustments (4/5ths vote required).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

1:30 p.m. Board Reconvenes

42.             Request from Human Resources & Development to endorse the 2014 and 2015 (calendar years) County Wellness Program & Strategic Response/Action Plan.  Authorize the use of funding from the County's health education and training funds held by CSAC-EIA, and disbursed on direction of the County's Risk Manager, for premium offsets and rebates as incentives for participating employees during the two-year pilot.  Grant authorization to seek donations and sponsorships to augment pilot program funding for promoting and participating in Wellness activities.  Authorize the County Administrative Officer and Human Resources and Development Director to approve employee's paid time off to participate in or attend specified Wellness activities, subject to approval by each Department Head to assure services continue to be provided and workloads met.

43.             Request from County Administrative Office to provide direction to staff regarding the proposed Tulare County legislative review process.

44.             Request from County Administrative Office to review and approve the proposed criteria for State medical marijuana legislation.

(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 LABOR NEGOTIATORS

Details

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

Name of Case: Silverio A. Barrios vs. County of Tulare, USDC Case No. 1:13-CV-01665-AWI-GSA

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ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation

[(Government Code Section 54956.9 (d)(2)]

Number of Potential Cases: 1

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ITEM C

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Interim Public Defender.

(Government Code Section 54957)

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ITEM D

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean M. Rousseau

Employee Organization:  All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees except Elected.

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