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


 

March 18, 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.                  Public Comments.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the County Librarian to approve the proposed changes to library fines and fees, effective July 1, 2014.

4.                  PUBLIC HEARING: Request from the Resource Management Agency to review and accept Tulare County's 2013 Annual General Plan and Housing Element Progress Reports. Authorize transmittal of these reports to the California Governor's Office of Planning and Research and California's Department of Housing and Community Development.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to find there is no substantial evidence that the amendment to Chapter 15 of Part VII, of the Ordinance Code of Tulare County will have a significant effect on the environment and that a Notice of Exemption for said Ordinance reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the implementation of the California Environmental Quality Act of 1970, as amended. Direct and authorize the Tulare County Environmental Officer, or designee, to file the Notice of Exemption as provided by CEQA. Waive the second reading and adopt an Ordinance amending Chapter 15 of Part VII of the Ordinance Code pertaining to building regulations of Tulare County. Direct the Clerk of the Board to publish the summary of the Ordinance and post a full copy of the complete Ordinance after adoption as required by law.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 27)

 

 

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.

 

 

 

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

6.                  Establish the 2013/2014 Gann Appropriations Limit for the County to be $3,271,019,720.

7.                  Approve the Resolution consolidating Local Contest/Measures with the Statewide Direct Primary Election and candidate statement fee for City of Dinuba Recall Contest to be held Tuesday, June 3, 2014.

8.                  Introduce and waive the first reading of an Ordinance amending Section 1-05-1070 of Article 2 of Chapter 5 of Part 1 of the Tulare County Ordinance Code pertaining to the Treasury Oversight Committee. Set the second hearing for April 1, 2014.

Board of Supervisors

9.                  Appoint Dales Rains, Trustee to the Lindsay-Strathmore Public Cemetery District for a term ending January 4, 2016.

10.             Reappoint the following individuals to the Health Advisory Committee for terms ending February 1, 2017: Pete Vander Poel, Board of Supervisors; Laurie Mercer, Resource Management Agency; Andrew Alvarez, Resident-District 2; Candace Hilvers, Resident-District 3; Jason Nichols, Resident-District 4; and Judy Sarber, Resident-District 5.

District Attorney

11.             Approve the Capital Asset purchase of three vehicles in the amount of $75,000. Approve the necessary budget adjustments (4/5ths vote required).

12.             Approve the Capital Asset purchase of three new vehicles in the amount of $75,000 for the Welfare Fraud Program. Approve the necessary budget adjustments (4/5ths vote required).

13.             Approve the Capital Asset purchase of a new vehicle in the amount of $25,000 for the Workers' Compensation Insurance Fraud Prosecution Program. Approve the necessary budget adjustments (4/5ths vote required).

14.             Approve the Capital Asset purchase of one vehicle in the amount of $36,000 for the Consumer Fraud Protection Program. Approve the necessary budget adjustments (4/5ths vote required).

Fire Department

15.             Authorize the submission of a grant application for a Tulare County Indian Gaming Local Community Benefit Committee Grant to purchase Bendix King Portable Radios in the amount of $40,000. Authorize the Fire Chief, or his designee, to sign the grant application.

Health & Human Services Agency

16.             Reaffirm Resolution No. 2014-0090 declaring a Local Emergency due to Drought in Tulare County adopted February 4, 2014.

17.             Approve an amendment to Agreement No. 26321 with Central Valley Recovery Services, Inc. to increase the original amount of $650,000 by $454,171 to a maximum amount not to exceed $1,104,171 to enhance and expand the Co-Occurring Disorder Program, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had the 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.

18.             Approve an agreement with Golden State Health Centers, Inc. d.b.a Sylmar Health and Rehabilitation Center in an amount not to exceed $1,300,000, retroactive to July 1, 2013 through June 30, 2014 to provide stabilization and long-term maintenance for mentally disabled consumers. 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

19.             Approve the Capital Asset purchase of a dish for the Lewis Hill to Blue Ridge microwave link with Hutton Communications, Inc. in an amount not to exceed $8,502. Approve the Capital Asset purchase of a G3 appliance with Bear Data Solutions in an amount not to exceed $18,797. Approve the Capital Asset purchase of two sets of cameras and codecs for video conferencing with IVCi in an amount not to exceed $15,020. Approve the necessary budget adjustments (requires 4/5ths vote).

20.             Approve renewal of maintenance support with Bear Data Solutions for Websense in the amount of $105,433 for the period of April 29, 2014 to April 28, 2015.

Resource Management Agency

21.             FOR INFORMATION ONLY: Bid opening results for the Pixley Safe Routes to School Court Avenue from Pine Street to School Street.

Contractor

Total

Dawson Mauldin

$ 392,845.00

DOD Construction

$ 456,655.00

Lees Paving Inc

$ 458,340.20

Hobbs Construction Inc

$ 463,890.00

JT2 Inc dba Todd Companies

$ 487,634.00

Bush Engineering

$ 496,352.00

American Paving Co

$ 510,661.00

 

 

Engineers Estimate

$ 465,835.00

 

22.             Appoint Michael Bond, Chief Engineer-Assistant County Surveyor, as Interim Assistant Director-Public Works Branch and as County Surveyor within the Resource Management Agency at salary band B02 $60.717 per hour ($126,290 per annum) effective March 25, 2014.

23.             Introduce and waive the first reading of an Ordinance amending Section 1-03-1115 of Article 3 of Chapter 3 of Part I of the Tulare County Ordinance Code pertaining to the appointment of the County Surveyor. Set the second reading for March 25, 2014.

24.             Adopt the Categorical Exemptions prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Traffic Signals at Avenue 295 and Road 156 and Avenue 296 and Road 156 project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemptions with the County Clerk. Approve the Plans, Special Provisions, Proposal and Contract ("Bid Documents") for the construction of the Traffic Signals at Avenue 295 and Road 156 and Avenue 296 and Road 156 Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Traffic Signals at Avenue 295 and Road 156 and Avenue 296 and Road 156 Project. Set the bid opening date for April 21, 2014 at 1:00 p.m.

25.             Adopt a Resolution approving the re-designation of the Greater South San Joaquin Valley Recycling Market Development Zone with an expansion of boundaries and direct the Economic Development Corporation serving Tulare County to submit an application to CalRecycle requesting re-designation that will include the counties of Tulare and Kings and their respective cities in a manner that seeks to ensure the fair treatment of all people.

Sheriff/Coroner

26.             Ratify and approve a grant application to the Office on Violence Against Women for up to $300,000 in funding for the Tulare County Safety and Accountability in Family Environments Program under the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, retroactive to October 1, 2014, through September 30, 2017. Ratify and approve the Memorandum of Understanding between the grant partners in the proposed Fiscal Year 2014 Safety and Accountability in Family Environments Program. Ratify the Chairman's signature on the Memorandum of Understanding, and on the required certification letters. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of February 14, 2014, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

27.             Approve a grant from the Division of Boating and Waterways Division of the California Department of Parks and Recreation for boating equipment in the amount of $5,900, retroactive to January 17, 2014, through June 30, 2029. Find that the Board had authority to enter into the grant agreement as of January 17, 2014, 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).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

28.             Request from the Board of Supervisors to approve changing the place and time for holding certain regular meetings of the Board of Supervisors as follows:

(Closed Session)

April 1, 2014 City of Lindsay

      The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 7:00 p.m. in the City of Lindsay Council Chambers located at 251 E. Honolulu, Lindsay.

June 24, 2014 County of Tulare Board Chambers

      The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. and then be reconvened for purposes of Open Session at 7:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia.

August 12, 2014 City of Tulare

      The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 7:00 p.m. in the City of Tulare Council Chambers located at 475 N. M Street, Tulare.

 

September 30, 2014 City of Dinuba

      The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 7:00 p.m. in the City of Dinuba Council Chambers located at 405 E. El Monte, Dinuba.

December 9, 2014 City of Porterville

      The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 7:00 p.m. in the City of Porterville Council Chambers located at 291 N. Main Street, Porterville.

 

 

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: Jessie Lira vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ7294841

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Retha McGuire vs. County of Tulare

Workers' Compensation Appeals Board Number ADJ3139137

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Verizon California, Inc. vs. California State Board of Equalization, et al.

Sacramento Superior Court Case No. 2014-00157245

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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation

[Government Code Section 5496.9(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: 3

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...