MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

District Three

 

J. STEVEN WORTHLEY –

Vice Chairman

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 28, 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.                  Board of Supervisors matters.

2.                  State of the County presented by Chairman Phillip Cox.

3.                  Presentation given by Woody Smeck regarding the economic benefits of Sequoia Canyon National Parks to Tulare County tourism.

4.                  Presentation given by Jim Kral, Manager - Mountain Home Demonstration regarding forest management.

5.                  Public Comments.


 

 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

6.                  PUBLIC HEARING:   Request from the Resource Management Agency to consider the vacation of a portion of excess right of way along the west side of State Street in Earlimart. Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Determine that the hereinbefore described road is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate the aforementioned right of way subject to reserving public utility easements for public utility companies within the limits of the vacated road right of way. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the Office of the Tulare County Assessor Clerk/Recorder.

7.                  PUBLIC HEARING:   Request from the Resource Management Agency to consider the vacation of a portion of excess right of way along the south side of Washington Street in Earlimart. Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted  State of California CEQA Guidelines Section 15061(b)(3) and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Determine that the hereinbefore described road is unnecessary for present or prospective public use and vacation thereof is in the public interest. Approve the Resolution to vacate the aforementioned right of way subject to reserving public utility easements for public utility companies within the limits of the vacated road right of way. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the Office of the Tulare County Assessor Clerk/Recorder.

8.                  PUBLIC HEARING:   Request from the Resource Management Agency to review and receive comments regarding the State Department of Housing and Community Development future application, Project Consideration List and to solicit citizen input on possible activities to be included in the application. Approve the Project Consideration List for potential funding sources.

9.                  PUBLIC HEARING:   Request from Resource Management Agency to certify that the Board has reviewed and considered the information contained in the Categorical Exemption pursuant to 14 California Code Regulations, Section 15303(c) (commercial buildings less than 10,000 square feet) prepared for the project is applicable to the Change of Zone, as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Find there is no substantial evidence that said Change of Zone will have a significant effect on the environment and determine that the Categorical Exemption pursuant to 14 California Code Regulations, Section 15303(c) (commercial buildings less than 10,000 square feet) prepared for the project reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act of 1970.  Direct the Environmental Assessment Officer of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk.  Adopt the findings of approval for the Change of Zone as set forth in the Planning Commission Resolution.  Waive the final reading and adopt the amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No. PZ 13-006, from R-A-M (Rural Residential-Special Mobilehome) and C-2 (General Commercial) zones to P-O (Professional Office) on approximately 1.3 acres of Assessor’s Parcel Numbers (APNs) 233-100-025 and 233-100-029, to construct a 3,908 square foot health clinic located on Road 168 within the community of Woodville.  Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.

(Consent Calendar)

CONSENT CALENDAR (Number 10 through 40)

 

 

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.

 

 

Agricultural Commissioner/Sealer

10.             Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $7,249.41 to offset costs associated with providing enforcement of the California Food and Agriculture Code pertaining to high risk shipments of plant material and bees, 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.

11.             Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $16,215 to offset costs of providing pest detection trapping services for Light Brown Apple Moth, retroactive to October 1, 2013 through September 30, 2014.  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.

12.             Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $301,701 to offset costs of providing Asian Citrus Psyllid detection trapping services, retroactive to October 1, 2013 through September 30, 2014.  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.

Board of Supervisors

13.             Ratify Proclamation honoring Todd Johns upon his retirement from the Visalia Police Department.

14.             Appoint Michael Brown, Environmental Member to the San Joaquin Valley Air Pollution Control District - Citizens Advisory Committee for a term ending December 31, 2017.

 

County Administrative Office/General Services

15.             Approve a Lease Agreement between County of Tulare and KRME Partnership for space located at 2200 West Midvalley Avenue, Visalia to house Information Communications & Technology staff and store electronic components for a term of three years with two additional one year options commencing upon approval by the Board.

Health & Human Services Agency

16.             Approve the Capital Asset purchase of mobile radios in the amount of $40,000 for the Office of Emergency Services in the Fiscal Year 2013/2014 budget.  Approve the necessary budget adjustments (4/5ths vote required).

17.             Approve an amendment to Agreement No. 26262 with Kings View Corporation for the South County Mobile Unit, retroactive from January 1, 2014 to extend the agreement though June 30, 2014, and to increase the budget for Mental Health services from the original $471,305 to a maximum not to exceed $850,000.  Find that the Board had authority to enter into the proposed amendment as of January 1, 2014, and that it was in the County's best interest to enter into the amendment on that date.

18.             Approve an amendment to Agreement No. 26263 with Kings View Corporation for the South County One-Stop Center, retroactive from January 1, 2014 to extend the agreement though June 30, 2014, and to increase the budget for Mental Health services from the original $363,714 to a maximum not to exceed $700,000.  Find that the Board had authority to enter into the proposed amendment as of January 1, 2014, and that it was in the County's best interest to enter into the amendment on that date.

19.             Approve an amendment to Agreement No. 26322 with Tulare County Superintendent of Schools to replace Exhibits A and B, for the provision of mental health services to Tulare County adolescents and children, retroactive to July 1, 2013 through June 30, 2014. 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.

20.             Approve an agreement with Kings View Corporation in an amount not to exceed $120,000 to provide telepsychiatry services, retroactive to January 1, 2014 through June 30, 2014. Find that the Board had authority to enter into the proposed agreement as of January 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

21.             Approve an agreement with Central Valley Recovery Services, Inc. for the provision of substance abuse residential and outpatient services in an amount not to exceed $1,669,500 ($556,500 per year), retroactive to July 1, 2013 through June 30, 2016.  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 the Memorandum of Understanding with the Superior Court of Tulare County for the provision of two (2) Courtroom Clerk positions for Mental Health Court and Drug Court in the amount of $127,310, retroactive to July 1, 2013 through June 30, 2014.  Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2013, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

Human Resources & Development

23.             Approve an agreement with the State of California Office of Administrative Hearings to provide the services of Administrative Law Judges for conducting employee disciplinary hearings.  This agreement is effective for five (5) years upon approval and execution of all signatures to this contract and the maximum amount of the agreement is $48,000.

Purchasing

24.             Approve an amendment to Agreement No. 24385 with Tulare Local Healthcare District - Mineral King Laboratory, to extend the agreement to March 31, 2014 for providing drug screening, analysis, and testing.

Resource Management Agency

25.             Approve and award the contract to the lowest responsive and responsible bidder, Dawson Mauldin Construction, Inc. of Huntington Beach, California in the amount of $384,047.24 for construction of a Traffic Signal at Date Avenue (A148) and Leggett Street (R256) east of the City of Porterville.  Authorize the Chairman to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License.  Allow funds for contingencies in the amount of $38,000 (10%) to cover unexpected construction conditions.

26.             Approve Program Supplement Agreement No. N074 in the amount of $75,000 with the California Department of Transportation for preliminary engineering of the Mineral King Road Bridge Project.

27.             Approve an agreement with Nueva Sierra Vista Associates in an amount not to exceed $925,000 for the Nueva Sierra Vista Multifamily Rehabilitation Project.

28.             Approve an agreement with Labor Consultants of California in an amount not to exceed $7,350 for labor standards compliance services for the Nueva Sierra Vista Multifamily Rehabilitation Project.

29.             Approve an agreement with SKW Architects in an amount not to exceed $39,748 for architectural services for the Nueva Sierra Vista Multifamily Rehabilitation Project.

30.             Approve a loan in the amount of $850,875 from the 12-CDBG-8419 Community Development Block Grant to Nueva Sierra Vista Associates for the construction of the Nueva Sierra Vista Multifamily Rehabilitation Project. Authorize the Resource Management Agency Associate Director, or his designee, to act on behalf of the County in all administrative matters pertaining to this agreement. Request the Auditor-Controller to issue warrants.

31.             Approve a Subrecipient Agreement with FoodLink in an amount not to exceed $100,000 for nutrition services to increase the Summer Lunch Program.

32.             Require the construction contractor, Travioli Construction, Inc., of Visalia, California, to assign and transfer all Warranties and Guarantees for the Ivanhoe Domestic Water Well No. 8 to the County and ultimately to the Ivanhoe Public Utility District; as required in Agreement No. 25022.  Assign and transfer all Warranties and Guarantees for the Ivanhoe Domestic Water Well No. 8 to the Ivanhoe Public Utility District; as required in Agreement No. 25022. Transfer ownership of the improvements through a Quitclaim Deed from County of Tulare to Ivanhoe Public Utility District. Authorize the Chairman of the Board to sign the Quitclaim Deed. Direct the Clerk of the Board to return the Quitclaim Deed to the Resource Management Agency's Grants and Development Manager for transmittal to the Ivanhoe Public Utility District.

33.             Determine that the Interim Renewal Contract is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15301 and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Approve Bureau of Reclamation Interim Renewal Contract No. 14-06-200-8293A-IR15 to allow the County of Tulare water services from the Central Valley Project to the Cross Valley Canal for the period of March 1, 2014 to February 29, 2016. Authorize the Chairman to sign Bureau of Reclamation Interim Renewal Contract No. 14-06-200-8293A-IR15. Authorize the Resource Management Agency and Dennis R. Keller, Keller and Wegley, Consulting Engineers, to do all things necessary and proper to comply with the interim renewal process. Direct the Clerk of the Board to return a certified copy of this Resolution to the Resource Management Agency for transmittal to the Bureau of Reclamation.

34.             Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Pixley Safe Routes to School Project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk. Approve the Plans, Special Provisions, Proposal and Contract for the construction of the Pixley Safe Routes to School Project subject to review and approval as to form by County Counsel. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Pixley Safe Routes to School Project. Set the bid opening date for March 6, 2014 at 1:30 p.m.

35.             Approve proceedings to form Assessment District No. 13-792-VISALIA to pay for storm drainage system maintenance within Subdivision Tract No. 792-2, located southwest of the intersection of Avenue 308 and Road 76, in the community of Goshen. Approve the proposed Boundary Map and direct the Clerk of the Board to file a certified copy with the County Recorder. Approve the proposed Assessment Diagram and direct the Clerk of the Board to file a certified copy with the County Recorder. Approve the Engineer's Report. Declare the Board's intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement authorizing Smee Builders to collect the assessments for Fiscal Years 2013/2014 and 2014/2015 upon first conveyance of each lot.  Approve establishing a budget for the Assessment District (4/5ths vote required).

36.             Approve proceedings to form Assessment District No. 13-792R-VISALIA to pay for public street maintenance within Subdivision Tract No. 792-2, located southwest of the intersection of Avenue 308 and Road 76, in the community of Goshen. Approve the proposed Boundary Map and direct the Clerk of the Board to file a certified copy with the County Recorder. Approve the proposed Assessment Diagram and direct the Clerk of the Board to file a certified copy with the County Recorder. Approve the Engineer's Report. Declare the Board's intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement authorizing Smee Builders to collect the assessments for Fiscal Years 2013/2014 and 2014/2015 upon first conveyance of each lot.  Approve establishing a budget for the Assessment District (4/5ths vote required).

37.             Authorize the filing of a Notice of Partial Non-Renewal for the following Land Conservation Contract as provided in the Williamson Act. The request fulfills a condition resulting from the approval of one parcel map.   

PNR 13-023 -   Williamson Act Contract No. 11235, Ag Preserve No. 3766, located at the southeast corner of the intersection of Zimmerman Road and Divizich Avenue, south of Ducor (The Roastery) (0.16 acre from 26.69 acres non-renewed as a condition of PPM 12-032) 26.53 acres in a portion of one parcel subject to contract amendment. Approve the execution of an amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal. Authorize the Chairman to sign the amendment to the Williamson Act Contract.

38.             Approve the General Plan Initiation for a General Plan Amendment to Update the Three Rivers and Earlimart Community Plans.

Sheriff/Coroner

39.             Ratify and approve the Chairman's signature on a grant application to the California Board of State and Community Corrections for $319,778 in Fiscal Year 2013/14 Marijuana Suppression Program funding to continue operation of the South Valley Marijuana Suppression Program, retroactive to October 1, 2013 through September 30, 2014.  Approve an amendment to Agreement No. 25773 between Tulare County Sheriff's Department, the Tulare County District Attorney's Office, the Fresno County Sheriff's Department, and the Fresno County District Attorney's Office to participate in the South Valley Marijuana Suppression Program, retroactive to October 1, 2013 through September 30, 2014.  Find that the Board had authority to enter into the proposed grant program and agreement amendment as of October 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

40.             Approve the Capital Asset purchases for Motorola MC75 Mobile Identification Devices in the amount of $92,635; In-car Digital Video Recorder Systems in the amount of $192,367; Pick-up Trucks in the amount of $125,000; Livescan Fingerprint Workstation in the amount of $47,292; Police Service Dogs in the amount of $26,746; Use of Force Training Simulator in the amount of $67,187; enclosed trailers in the amount of $19,012; GTC Transaction Monitoring System in the amount of $22,523, and an 80-gallon steam kettle in the amount of $16,402.  Authorize the Purchasing Agent to waive the formal bidding process for the purchases of the Motorola MC75 devices, In-car Digital Video Recorder Systems, and the Use of Force Training Simulator.  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

 

41.             Request from the Probation Department to accept the 2011 Public Safety Realignment additional funding of $2,168,491.  Accept the 2011 Public Safety Realignment Fiscal Year 2011/12 growth funding of $904,277.  Approve the Personnel Resolution amending the Fiscal Year 2013/14 position allocations for the Sheriff's Department, adding 23 Full-Time Employees (FTE's).  Approve the Capital Asset purchase of seven (7) vehicles for the Sheriff's Department in an amount of $245,000.  Approve the necessary 2011 Public Safety Realignment budget adjustment for the Sheriff's Department, Probation Department and the Health and Human Services Agency (4/5ths vote required).

42.             Presentation given by the Central California Emergency Medical Services Agency regarding changes in Emergency Medical Services and the applicable agreements. Approve amendments to the following Emergency Medical Services Agreements: 1) American Medical Response West, DBA Mobile Life Support (Agreement No. 23779); 2) California Hot Springs Ambulance Co. Inc. (Agreement No. 23780); 3) Camp Nelson Ambulance Association, Inc. (Agreement No. 23785); 4) C.H.L. EMS, Inc. DBA American Ambulance of Visalia (Agreement No. 23786); 5) Exeter District Ambulance (Agreement No. 23783); 6) Imperial Ambulance (Agreement No. 23782); and 7) Sierra Life Star, Inc. DBA Lifestar Ambulance (Agreement No. 23781), retroactive to July 1, 2013 to extend the agreement through June 30, 2019 and to revise the areas served by the ambulance companies.  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.

43.             Request from Resource Management Agency to approve the report regarding the Public Works Staging Area Ordinance.

(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: Rodney Garcia v. Workers' Compensation Appeals Board Number FRE 0225454

Next Item(s) Sitting as...

ITEM B

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 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 LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)]

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM E

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

(Government Code Section 54957)

Agricultural Commissioner/Sealer

Next Item(s) Sitting as...

 


ITEM F

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...