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


 

February 4, 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.                  Present Proclamation honoring the El Diamante High School Football Team as the 2013/14 Central Section Division ll Valley Champions.

3.                  Present Proclamation honoring the Delano-Earlimart Irrigation District on its 75th Anniversary.

4.                  Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 22)

 

 

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/Treasurer-Tax Collector

5.                  Authorize the Treasurer to transfer $268,087.40 to the General fund, pursuant to Government Code 50050, 50053, and 50055, funds unclaimed for three years currently in the Tax Collector's special fund.

Board of Supervisors

6.                  Appoint Philip Esbenshade, Member At-Large, to the Library Advisory Board for a term ending December 31, 2016.

7.                  Ratify a Proclamation honoring Ed Todd for his dedication and service to the City of Dinuba.

8.                  Ratify a Proclamation honoring Patricia Christian for her dedication and service to the County of Tulare.

Health & Human Services Agency

9.                  Approve an agreement to replace and supersede the Board Agreement #26264 - Comprehensive Agreement (State Agreement No. EPO 13-57) that was effective 9/17/13 with the California Department of Public Health (CDPH), Emergency Preparedness Office to acknowledge Joe Pacheco as the State's Project Representative and to include acceptance of carry-forward funding; $31,717 for CDC (Center for Disease Control) PHEP (Public Health Emergency Preparedness) Carry-Forward, $44,919 PHEP Labs Carry-Forward, $35,195 HPP (Hospital Preparedness Program) Carry-Forward.

10.             Approve an amendment to Agreement No. 26356 with Family Services of Tulare County to update Exhibits A and B to adjust the strategy hours for the provision of alcohol and drug prevention services, retroactive to October 1, 2013, through June 30, 2016. Find that the Board had authority to enter into the proposed amendment as of October 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

11.             Approve an amendment to Agreement No. 26353 with Community Services and Employment Training, Inc., to update Exhibits A and B to adjust the strategy hours in the provision of increased youth knowledge and awareness regarding the consequences of underage drinking, retroactive to October 1, 2013 through June 30, 2016. Find that the Board had authority to enter into the proposed amendment as of October 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

Information & Communications Technology

12.             Approve the request for technology enhancements and associated projected costs for the Tulare County Health & Human Services Agency, TulareWORKs Division; that are in alignment with the Tulare County Strategic Plan for organizational performance using state-of-the-art technology. Approve the necessary budget adjustments (4/5ths vote required).

13.             Approve the purchase of an additional 20 user licenses with ServiceNow in the amount of $29,880.00 to provide support of ServiceNow, retroactive to January 11, 2014 through July 10, 2015. Find that the Board had authority to enter into the purchase as of January 11, 2014, and that it was in the County's best interest to enter into purchase on that date.

Resource Management Agency

14.             Approve the Capital Asset purchase of a Compressed Natural Gas powered bus for LOOP transit operations in the amount of $152,000. Approve the necessary budget adjustments. (4/5ths vote required).

15.             Approve the Goshen Transportation and Community Plan Final Report.

16.             Approve the submission of five grant applications to the Congestion Mitigation and Air Quality Program in the amount of $3,114,000. Authorize the Assistant Director - Public Works to sign the grant application.

17.             Approve the Capital Asset purchase of a Compressed Natural Gas powered bus for transit operations in the amount of $157,873. Approve the necessary budget adjustments (4/5ths vote required).

18.             Approve the Final Map for Phase 1 of Subdivision Tract No. 813 located at the northeast corner of Avenue 264 and Road 124 south of Visalia. Accept the road right of way dedications for Phase 1 of Subdivision Tract No. 813 as shown on the Final Map subject to completion of road construction and acceptance of public improvements. Approve the agreement to complete all required public improvements for Phase 1 of Subdivision Tract No. 813. Accept the grant of easement deeds for the temporary turnaround easement and the public utility easement identified on the Final Map for Phase 1 of Subdivision Tract No. 813.

19.             Approve the Final Map for Phase 2 of Subdivision Tract No. 792, located east of Road 72 and south of Avenue 308, located in the community of Goshen. Approve the agreement to complete all required public improvements for Phase 2 of Subdivision Tract No. 792. Accept the road right of way dedications for Phase 2 of Subdivision Tract No. 792 as shown on the Final Map subject to completion of road construction and acceptance of public improvements.

20.             Approve a Measure R Program Supplement Agreement with the Tulare County Transportation Authority in the amount of $75,000 for funding of the construction of curb, gutter and sidewalk for the Pixley Safe Routes to School Project. Authorize the Chairman of the Board of Supervisors to sign the Measure R Program Supplement Agreement, subject to review and approval as to form by County Counsel.

21.             Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for construction of asphalt concrete overlays on segments of Road 12, Avenue 160 and Road 136. 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 Asphalt Concrete Overlay Project on Road 12 from Avenue 384 to Avenue 395, Avenue 160 from SR 190 to M160 and Road 136 from Avenue 56 to Avenue 72, 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 Asphalt Concrete Overlay Project on Road 12 from Avenue 384 to Avenue 395, Avenue 160 from SR 190 to M160 and Road 136 from Avenue 56 to Avenue 72. Set the bid opening date for March 12, 2014 at 2:00 p.m.

22.             Rescind Tulare County Agreement No. 26272 (Resolution Number 2013-0689) with Wadell Engineering Corporation in the amount of $86,203 for engineering services for the Sequoia Field Airport. Approve an agreement with Wadell Engineering Corporation in the amount of $94,703 for engineering services for the Sequoia Field Airport, Federal Aviation Administration Airport Improvement Plan Project Number #3-06-0266-05 & 06, retroactive to September 17, 2013 and effective until September 30, 2014. Authorize the Chairman to execute the Agreement, subject to review and approval as to form by County Counsel.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

23.             Request for Health and Human Services Agency to adopt a Resolution proclaiming the existence of a Local Emergency due to Drought within County of Tulare. Direct the Department to return every 30 days to confirm the ongoing need for a local mergency declaration.

24.             Presentation given by the Agricultural Commissioner/Sealer regarding a new disease concern for citrus growers.

25.             Request from the County Administative Office to provide direction to staff as to which, if any, of the three proposed options staff should pursue with regard to sending letters concerning the proposed State budget elimination of the Agricultural Education Incentive Grant Funding: Option 1: Approve sending a letter opposing the elimination of the targeted Agricultural Education Incentive Grant Funding; Option 2: Approve sending a letter to Tulare County school districts requesting that existing agricultural education programs and courses continue to receive stable and consistent funding under the Local Control Funding Formula; and Option 3: Approve sending both letters listed under Option 1 and Option 2.

26.             Request for County Counsel to adopt and ratify procedure for hearing after the County has seized an animal. Adopt one of the following administrative procedures to appeal the decisions of the hearing officer at that hearing: a) The owner may appeal directly to the Board of Supervisors following the procedures in Ordinance Code of Tulare County 165; b) The owner may appeal first to the Director of the Health and Human Services Agency, and then to the Board of Supervisors; c) The owner may appeal to the Director of Health and Human Services Agency, and then to the Superior Court; and d) The owner may appeal directly to the Superior Court

27.             Presentation to appear on the Small Public Water System Local Primacy Agency Agreement between the Health and Human Services Agency, Environmental Health Division, and the California Department of Public Health. Authorize the Chairman of the Board to sign three (3) copies of a 120 day advance written notice to California Department of Public Health that the Tulare County Health Officer no longer wishes to retain local primacy over Small Water System Program.

28.             Receive a Report from Blue Ridge Services on Landfill Operations. Approve the Closure of the Woodville Landfill effective June 30, 2014. Approve the re-opening of Teapot Dome Landfill from Thursday through Saturday to Monday through Saturday effective July 1, 2014. Authorize the Solid Waste Director to negotiate disposal and alternative daily cover agreements with waste generators and haulers to be brought back for future Board consideration.

29.             Request from Resource Management Agency to approve the report on the progress of the Project Review Committee of the Resource Management Agency's Planning Branch.

(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: Martina Robles v. Jannelle Cornelia Malek, County of Tulare

Tulare County Superior Court Case No. 12-249429

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 - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

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: 1

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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 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 H

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM I

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...