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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

February 25, 2014

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

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 recognizing the month of February 2014 as Grand Jury Awareness Month in Tulare County.

3.                  Recognition of Tulare County by the Central California Chapter of the American Public Works Association for the M319 Bridge Project as the Large Project of the Year.

4.                  Recognition of Kuna Muthusamy by the Central California Chapter of the American Public Works Association as professional of the year.

5.                  Recognition of Cornerstone Structural Engineers for their recognition by the American Council of Engineering Companies for the M319 Bridge Project.

6.                  Adopt a proclamation recognizing the 100th anniversary of the County Engineers Association of California.

7.                  Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Number 8 through 42)

 

 

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 member or member of the public on any item, that item will be removed from the Consent Agenda for separate action if required.

 

 

Agricultural Commissioner/Sealer

8.                  Approve an agreement with the California Department of Food and Agriculture in the amount of $5,760 for the County Weighmaster Program, retroactive to January 1, 2014 through June 30, 2014. Find that the Board had the 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.

Auditor-Controller

9.                  Select the percentage change in Tulare County's assessed valuation attributable to non-residential new construction, which is 7.09% as the cost-of-living factor for the Gann Appropriations Limit calculation for the Fiscal Year 2013/14.

Board of Supervisors

10.             Reappoint Louise Jackson, Historical Society Member to the Museum Board for a term ending February 13, 2017.

11.             Appoint Derek Williams, Allied Ag Support Business position to the Agricultural Policy Advisory Committee for term ending June 30, 2014.

12.             Reappoint Mike Ennis, Mutually Selected Member to the Indian Gaming Local Community Benefit Committee for term ending January 1, 2018.

 

County Administrative Office

13.             Ratify actions taken by the County Administrative Officer during the month of January 2014 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

14.             Approve a Memorandum of Understanding with the Superior Court of Tulare County for the provision of internal services for County managed court facilities, the cost of four Preliminary Hearing Clerks, and for implementation of the eCourt system, retroactive to July 1, 2013 through June 30, 2014. Find 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.

County Counsel

15.             Approve the revised job description of the Chief Deputy County Counsel Classification.

District Attorney

16.             Ratify and approve the Grant Award Agreement for additional funding of $13,692 from the Insurance Commissioner of the State of California for the Automobile Insurance Fraud Prosecution Program, retroactive to July 1, 2013 through June 30, 2014. Ratify and approve the District Attorney's signature on the Agreement. 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. Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

17.             Reaffirm Proclamation declaring a Local Emergency due to Drought in Tulare County, adopted February 4, 2014.

18.             Approve the Tulare County Child Abuse Prevention Council's request for annual funding in the amount of $50,000 for Fiscal Year 2013/2014 and $60,000 for Fiscal Year 2014/2015 from the Children's Trust Fund.

19.             Approve the State Contractor Certification Clauses form and the Federal Contractor Certification Clauses form with the California Department of Education, Nutrition Services Division that will allow Tulare County Health & Human Services Agency (HHSA) to receive the contract for the Summer Food Service Program.

20.             Approve the annual Certification Statements for California Children's Services and Child Health and Disability Prevention and Healthcare Program for Children in Foster Care for Fiscal Year 2013/2014, retroactive to July 1, 2013. Find that the Board had authority to approve the annual Certification Statements as of July 1, 2013, and that it was in the County's best interest to approve the statements on that date.

21.             Approve the Memorandum of Understanding to provide services on behalf of Child Welfare Services foster children through cooperation, collaboration, and sharing of appropriate information between the Tulare County Health & Human Services Agency Child Welfare Services Division and New Era Foster Family Agency effective upon signature through June 30, 2016.

22.             Approve an agreement with United Way of Tulare for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their agency in an amount not to exceed $15,000, retroactive to January 1, 2014 through June 30, 2015. 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.

23.             Approve an agreement with the County of Marin in an amount not to exceed $54,222 to act as the host entity of Local Government Agency over the Medi-Cal Administrative Activities and Targeted Case Management programs, retroactive to July 1, 2013 through June 30, 2015. 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.

24.             Approve an agreement with Traditions Psychology Group d.b.a Traditions Behavioral Health in an amount not to exceed $200,000 for the provision of acute psychiatric inpatient professional services for Short-Doyle and Medi-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.

25.             Approve an agreement with Liaison Technologies, Inc. in an amount not to exceed $1,500 per year for maintenance and subscription fees, retroactive to July 1, 2013. 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 Technology

26.             Approve an amendment to Agreement No. 26041 with Tyler Technologies, Inc. to require insurance according to specified standards. Approve the fixed asset purchase of computer system hardware estimated at $50,000.

Probation

27.             Approve a capital asset budget increase for the purchase of two vehicles for Fiscal Year 2013/2014. Authorize the necessary budget adjustments (4/5th vote required).

Resource Management Agency

28.             Introduce and waive the first reading of an Ordinance amending Chapter 15 of Part VII of the Tulare County Ordinance Code pertaining to building regulations in Tulare County. Set the public hearing for March 11, 2014 at 9:30 a.m. or shortly thereafter as can be heard. Direct the Clerk to publish a summary ordinance before the second reading as required by law.

 

 

 

29.             FOR INFORMATION ONLY: Bid opening results for the Road 56 Bridge Replacement over Packwood Creek.

Contractor

Proposal

Floyd Johnston Construction Co. Inc.

$287,825.00

Dawson-Mauldin Construction Inc.

$293,185.00

Agee Construction Corporation

$321,930.00

Emmett's Excavation, Inc.

$329,348.00

American Paving Co.

$331,610.00

Lee's Paving, Inc

$349,483.00

Bates Construction

$357,810.00

Whitaker Construction Group, Inc.

$360,529.00

Smith Construction Company

$361,705.00

Brough Construction, Inc.

$370,414.00

Southwest Concrete Paving Company

$389,010.00

Viking Construction Company, Inc.

$404,485.00

ABSL Construction, Inc.

$434,231.00

Griffith Company

$438,781.00

Engineers Estimate

$325,035.00

 

30.             Approve an amendment to Agreement No. 25696 with Kleinfelder West, Inc. for material testing services for the Avenue 416 Kings River Bridge Replacement Project, amending the scope of services required and increasing the total not to exceed by $27,320 to $321,235, retroactive to November 1, 2013. Find that the Board had the authority to enter into the proposed agreement as of November 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

31.             Approve Program Supplement Agreement No. N075 with the California Department of Transportation in the amount of $40,000 for preliminary engineering of the Road D39 over Traver Canal Bridge.

32.             Approve Program Supplement Agreement No. N076 with the California Department of Transportation in the amount of $60,000 for preliminary engineering of the Balch Park Road over Rancheria Creek Bridge.

33.             Approve Program Supplement Agreement No. N077 with the California Department of Transportation in the amount of $18,070 for the reimbursement of funds to repair a washed out section roadway on Mountain Road 56 at Milepost 14.5 during the December 2010 flood event.

34.             Approve an amendment to Agreement No. 25407 (Program Supplement No. N061) with the California Department of Transportation in the amount of $612,000 for the preliminary engineering, construction and construction engineering phases for the Road 56 over Packwood Creek Bridge project.

 

35.             Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Strathmore 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 Strathmore Safe Routes to School Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Strathmore Safe Routes to School Project. Set the bid opening date for April 24, 2014 at 2:00 p.m.

36.             Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the AC Overlays on Road 104 and Avenue 368 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 AC Overlay Project on Road 104 from Avenue 408 to Avenue 424 and Avenue 368 from Road 80 to Road 99. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the AC Overlay Project on Road 104 from Avenue 408 to Avenue 424 and Avenue 368 from Road 80 to Road 99. Set the bid opening date for April 17, 2014 at 2:00 p.m.

37.             Accept the work for the construction of Road 80 South of St. Johns River to Avenue 384 and Culvert on Avenue 360 (Phase 3) Project as complete by Papich Construction Company, Inc. of Pismo Beach, 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.

38.             Approve the advertisement of the Request for Preparation of Proposals for Complete Streets Policies for the Traver, Goshen and Pixley Community Planning Areas.

39.             Review and approve submittal of an application for $441,443 in grant funding from the Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). Approve the filing of an application for Sustainable Development Implementation that integrates Land Use and Zoning text amendments promoting mixed use and infill strategies, expediting infrastructure analysis, emphasizing Senate Bill 244 affecting disadvantaged communities, establishing by-right planning and development designations, where feasible, and diagramming rural disadvantaged communities. Recognize that the Legislature and Governor of the State of California have provided funds for this grant program; the Strategic Growth Council has been delegated the responsibility for the administration of the grant program and established necessary procedures; and, if selected, Tulare County will enter into an agreement with the State to carry out development of the proposed activity. Authorize a minimum ten percent local match of the grant amount or $44,145. Certify that the County acknowledges the assurances and certifications in the application; and include all required documents in the application package. Certify that the County will have sufficient funds to develop the proposed activity or will secure the resources to do so. Certify that the proposed activity will comply with applicable laws and regulations, including being consistent with the State's Planning Priorities identified in Government Code section 65041.1 described as: "Promote infill development and equity by rehabilitation, maintaining and improving existing infrastructure; "Protect, preserve and enhance environmental and agricultural lands and natural and recreational resources; "Encourage location- and resource-efficient new development; and "Promote equity, strengthen the economy, protect the environment, and promote public health and safety within rural communities". Agree to reduce greenhouse gas emissions, on as permanent a basis as is feasible, consistent with Assembly Bill 32, the California Global Warming Solutions Act of 2006 (Division 25.5, Section 38500 et seq. of the Health and Safety Code) and any applicable regional plan. Agree to meet the Collaboration Requirements applicable to the activities proposed within the Focus Area, including Disadvantaged Communities. Authorize and direct the Chairman of the Board of Supervisors, or designee, such as the Resource Management Agency, to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements or any amendments thereto, subject to County Counsel approval as to form, and payment requests, which may be necessary for the completion of the proposed activities.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

40.             Approve the Joint Funding Agreement with the United States Geological Survey for stream gauge operations in the amount of $18,050, retroactive to November 1, 2013 through October 31, 2014. Find that the Board had the authority to enter into the proposed agreement as of November 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

41.             Approve a capital asset purchase of a plotter not to exceed $7,200. Authorize the necessary budget adjustments (4/5ths vote required).

42.             Approve a Memorandum of Understanding with Superior Court of California, County of Tulare for the provision of court security, retroactive to July 1, 2013 and extending through June 30, 2015. Find that the Board had the 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.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

43.             Presentation given by the Assessor/Clerk-Recorder regarding an overview of the functions and responsibilities.

44.             Presentation given by the Office of Emergency Services providing an overview of Emergency Management in Tulare County.

 

 

45.             Request from Resource Management Agency to provide direction as to which, if any, of the three proposed options staff should pursue with regards to the County's participation in the Economic Development Corporation. Option 1: Advise the Economic Development Corporation that Tulare County does not intend to fund or participate during Fiscal Year 2014/15. Option 2: Advise the Economic Development Corporation that Tulare County would participate at the reduced level of $20,000 during Fiscal Year 2014/15. Option 3: Advise the Economic Development Corporation that Tulare County intends to fund and fully participate during Fiscal Year 2014/15.

(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

Next Item(s) Sitting as...

ITEM B

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 C

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...