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


 

January 7, 2014

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.                  Election of the Chairman and Vice Chairman of the Board of Supervisors for the year 2014.

2.                  Board of Supervisors matters.

3.                  Public Comments.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to consider Tentative Tract Map No. TM 824 submitted by William Ferguson, 1539 North China Lake Boulevard, Suite B, Ridgecrest, CA 93555, (Agent: B.J. Tucker and Associates, P.O. Box 83, Inyokern, CA 93527) for a subdivision of 43 acres into 17 commercial lots of approximately 2.5 acres each, in the CO (Commercial Recreation) Zone, located at the southwest corner of Kennedy Meadows Road and Goman Road, in Kennedy Meadows, generally described as a portion of Section 21, Township 22 South, Range 26 East, MDB&M. Adopt by reference the findings as set forth in Planning Commission Resolutions Number 8890 and 8891, and as set forth in the draft resolutions for approval. Find there is no substantial evidence that said Tentative Tract Map will have a significant effect on the environment and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan prepared for the project on August 22, 2013, consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Approve Tentative Tract Map No. 824, subject to the conditions and mitigation measures recommended by Planning Commission and as set forth in the draft resolution for approval. Direct the Clerk of the Board of Supervisors to return the Notice of Determination to the Resource Management Agency for future filing with the Clerk Recorder.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 19)

 

 

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.                  Ratify the following Proclamations: Honoring Angie De Alba upon her retirement from the Visalia Police Department; Honoring Fred Ruiz as the Criscom's Company's 2013 Leader for America; and Honoring the SVDH Volunteer League on its 50th Anniversary.

6.                  Appoint Michael Brown to the San Joaquin Valley Unified Air Pollution Control District - Citizens Advisory Committee, Environmental Member for a term ending January 31, 2014.

7.                  Approve the 2014 Board of Supervisors Committee Assignments.

8.                  Cancel the following meetings for the Board of Supervisors during 2014:

January 21

May 27

August 5

November 18

February 11

June 10

August 19

November 25

February 18

July 1

September 2

December 23

April 15

July 15

November 11

December 30

County Administrative Office/General Services

9.                  Ratify actions taken by the County Administrative Officer during the months of November and December 2013.

10.             Approve an amendment to Agreement No. 25609 with Allied Barton Security Services, L.P. to add an armed security location through June 30, 2014 in the amount of $66,294 per year for the District Attorney and Public Defender's Porterville offices, subject to approval as to form by County Counsel.

11.             Authorize the Chairman of the Board to execute a Quitclaim Deed to Gloria Pereira and Linda Costa, Successor Co-Trustees of the Jose M. and Mary G. Costa Family Trust, executed October 10, 1995. Direct the Clerk of the Board to return the executed Quitclaim Deed to Property Management for transmittal to the grantees.

Health & Human Services Agency

12.             Approve the Request for Application for the Mental Health Oversight and Accountability Commission Senate Bill 82 Grant to expand the number of mental health personnel available to provide crisis support services for individuals with mental health illness who require crisis intervention retroactive to January 3, 2014 through June 30, 2017 in an amount not to exceed $1,627,671. Ratify the signature of the Tulare County Director of Mental Health on the Grant Application Coversheet. Find that the Mental Health Director had the authority to sign the Grant Application Coversheet as of January 3, 2014, and that it was in the County's best interest to sign the application on that date.

13.             Approve an agreement with the California Department of Health Care Services for Disclosure and Use of Medi-Cal Data for the TulareCare Low Income Health Program.

14.             Approve amendments to the Agreements for Tulare County Health & Human Services (HHSA), as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of their school district, retroactive to July 1, 2013 through June 30, 2015 as follows: 25523 - Traver Joint Elementary School District; 25478 - Tulare City School District; 25666 - Tipton Elementary School District; 25526 - Burton Elementary School District; 25559 - Woodlake Unified School District; 25648 - Earlimart School District; 25520 - Richgrove Elementary School District; 25528 - Woodlake Family Resource Center; 25022 - Sundale Union Elementary School District; 25479 - Strathmore Union Elementary School District; 25521- Visalia Unified School District; 25519 - Pixley Union School District; 25618 - Porterville Unified School District; and 25584 - Tulare Joint Union High School District. Find that the Board had authority to enter into the proposed amendments as of July 1, 2013 and that it was in the County's best interest to enter into the amendments on that date.


Probation

15.             Accept grant funding from the Board of State and Community Corrections in the amount of $250,000. Ratify and approve an agreement with the Board of State and Community Corrections to participate in the Evidence-Based Practices to Improve Public Safety Funding, retroactive to October 1, 2013 through September 30, 2015. Ratify the Chairman's signature on the agreement. Find that the Board had 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. Agree to provide all matching funds required for said project and abide by the statutes and regulations governing the federal Grants Program as well as the terms and conditions of the Grant Agreement as set forth by the Board of State and Community Corrections. Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

16.             FOR INFORMATION ONLY: Bid Opening results for the Traffic Signal at Date Avenue (A148) and Leggett Street (R256):

Contractor

Total (from proposal)

Dawson Mauldin Construction

$384,047.24

Lees Paving, Inc.

$423,791.50

American Paving Company

$458,449.30

Madco Electric, Inc.

$462,779.00

 

 

Engineers Estimate

$371,075.30

 

17.             Authorize the filing of Notice of Partial Non-Renewal for the following two (2) Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from the approvals of one parcel map and one lot line adjustment. Approve the execution of amendments to the Land Conservation Contracts as conditions of approvals for the aforementioned partial non-renewal.

PNR 12-001 - Williamson Act Contract No. 3134, Ag Preserve No. 0416, located at the southwest corner of Road 44 and Avenue 232, west of Tulare (Darlene M. & Eduardo Rodriguez and Gary L. Santos & John W. Santos) (2.19 acre from 38.01 acres non-renewed as a condition of PLA 11-028) 38.01 acres in three parcels subject to contract amendment.

PNR 13-024 - Williamson Act Contract No 5710, Ag Preserve No. 2017, located at the northeast corner of Avenue 450 and Road 136, southeast of Orange Cove (Frank Marshall), ((adjusted home-site 1.00 acres net) 0.30 acres from 19.21 acres net to be non-renewed as a condition of PLA 12-031) (18.91 acres net subject to the contract amendment).

18.             Authorize the submission of a grant application for Fiscal Year 2013/2014 to the California Governor's Office of Emergency Services in the amount of $112,761 for Proposition 1B funding for Transit System enhancements.

19.             Approve the relinquishment of right of way obtained by the County in the City of Visalia (City) for the Road 108 Widening Project from south of Visalia Parkway to Caldwell Avenue under the terms of Tulare County Agreement No. 23974. Authorize the Chairman to sign the Quit-claim Deed for the right of way to be relinquished to the City and have the Chairman's signature notarized. Direct the Clerk of the Board to return the signed and notarized Quit-claim Deed to the Resource Management Agency for transmittal to the appropriate staff at the City for their formal acceptance of the relinquished right of way.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

20.             Request from the Solid Waste Department to approve and authorize a Personnel Resolution creating two Senior Account Clerk positions, effective January 12, 2014. Approve and authorize a Personnel Resolution reallocating position 2498 to an Engineering Technician I/II/III, effective January 12, 2014.

21.             Presentation given by Health and Human Services Agency regarding a follow-up on the County's 1991 Health Realignment for the Fiscal Year 2013/2014 and forward. Resolve that Tulare County shall participate in the Health Realignment savings formula, outlined in Article 13, Section 17613.1 of the Welfare and Institutions Code.

22.             Request from the Resource Management Agency to receive guidance and input in project selection for the grant applications to the Congestion Mitigation and Air Quality Improvement Program.

23.             Presentation given by the Resource Management Agency regarding an update on the Flood Control Projects.

(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: City of Porterville vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249043

Next Item(s) Sitting as...

ITEM B

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 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: Gleason, Gina vs. Debra Bowen,

in her official capacity as Secretary of State, et al.

Sacramento County Court, Case No. 34-2013-80001714

Next Item(s) Sitting as...

ITEM E

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 F

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM G

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

Next Item(s) Sitting as...