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 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.                  Presentation of the Annual National Ag Week Calendar Art Contest. Recognize March 23-29, 2014 as National Ag Week.

3.                  Public Comments.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to deny the appeal filed by Monique P. Yang, and uphold the Resource Management Agency Notice of Decision for violation of Medical Marijuana Ordinances 6-21-1040 (d) and (i) located at 74 S. Maston Street Porterville, California, APN # 259-092-008.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to hold a Public Hearing regarding consideration of Mitigated Negative Declaration and Tentative Tract Map No. TM 785, submitted by Ray DiCarlo, 2604 SE 15th Avenue, Portland, OR 97202 (Agent: James Winton and Associates, 150 W. Morton Avenue, Porterville, CA 93257), for the division of 67.2 acres into 73 single-family residential lots, ranging in size from .48 acres (21,000 sq. ft.) to 1.7 acres (74,052 sq. ft.), in the PD-F-M (Planned Development-Foothill Combining-Special Mobilehome) Zone, located on the south side of Avenue 176 (Frazier Valley Drive), approximately mile west of Road 320, west of Springville, generally described as a portion of Section 17, Township 21 South, Range 29 East, MDB&M. Uphold the recommendation of the Planning Commission and adopt the Mitigated Negative Declaration and Mitigation and Monitoring Plan, as set forth in Planning Commission Resolution No. 8915. Refer the proposed tentative tract map (TM 785) back to staff for further study and report and then process the matter through the Planning Commission.

6.                  PUBLIC HEARING: Request from the Resource Management Agency to review and receive comments regarding the closeout of Community Development Block Grant No. 09-STBG-6419 and 11-PTEC-7642. Approve the Final Grantee Performance Report for the 09-STBG-6419 grant and authorize the Chairman of the Board to sign the report for submittal to the State Department of Housing and Community Development. Authorize the County Administrative Officer to sign the final closeout certification documents. Authorize submittal of all signed closeout documents to the State Department of Housing and Community Development.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 21)

 

 

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.

 

 

 

County Administrative Office

7.                  Ratify actions taken by the County Administrative Officer during the month of February 2014 regarding Good Works funding agreements.

8.                  Approve sending a Memorandum of Support for standalone consideration of the Water Infrastructure Finance and Innovation Act.

County Counsel/Risk Management

9.                  Approve an amendment to Agreement No. 24858 with CorVel Corporation to extend the term of the agreement to April 1, 2017 for the continued provision of worker's compensation claim administration services for the County.

District Attorney

10.             Declare the week of April 6 through April 12, 2014 as Crime Victims' Rights Week in Tulare County.

11.             Ratify and approve a grant award agreement with the National Association of Victims' of Crime Act (VOCA) Assistance Administrators in the amount of $4,998 for Fiscal Year 2013/2014 to support activities associated with National Crime Victims' Rights Week, retroactive to January 23, 2014. Ratify the signature of the District Attorney on the agreement. Find that the Board had authority to enter into the proposed agreement as of January 23, 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).

Health & Human Services Agency

12.             Approve the letter of support for Assembly Bill 2703 for assistance in funding for the County Veterans Services Officers.

13.             Approve an amendment to Agreement No. 26229 with the California Department of Public Health Office of AIDS, for the HIV Care Programs to extend the agreement though March 31, 2016, and to increase the budget from the original $114,296 to a maximum not to exceed $460,753.

14.             Approve a Faculty Services Agreement with Kaweah Delta Health Care District for a County staff physician to provide mentorship, supervision and education to hospital residents, 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.

15.             Appoint Suzann Wray, Tulare County Representative, Seat 2 to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2017.

16.             Approve an agreement with the California Department of Health Care Services in the amount of $18,482,417 for the School-Based Medi-Cal Administrative Activities Program for the period, July 1, 2014 through June 30, 2017.

 

 

 

Probation

17.             Ratify and approve an agreement with BI Incorporated for providing electronic monitoring services, 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 it was in the County's best interest to enter into the agreement on that date. Approve an agreement with BI Incorporated in the amount of $53,000 for the sole source purchase of cellular based electronic monitoring equipment and required telecommunication service. Authorize the Purchasing agent to waive the bid and make the sole source purchase.

Resource Management Agency

18.             Accept the transfer of the Goshen Ponding Basin/Recreation Park (APN 075-440-003) and non-infrastructure assets from the Tulare County Redevelopment Successor Agency for governmental purposes.

19.             Authorize the Tulare County Resource Management Agency to take all necessary action to prepare for consideration by the Tulare County Board of Supervisors a grant application involving the Transportation Investment Generating Economic Recovery (TIGER) competitive grant program. Authorize RMA to work with the Tulare County Association of Governments and Genesee & Wyoming, Inc. in connection with the preparation and submittal of a grant application to the Board of Supervisors as soon as possible.

20.             Authorize the filing of a Notice of Partial Non-Renewal for the following one Land Conservation Contract as provided in the Williamson Act. The request fulfills a condition resulting from the approval of one lot line adjustment. PNR 14-003 - Williamson Act Contract No. 4156, Ag Preserve No. 1235, located on the east side of Road 172, north of Avenue 336, between Visalia and Ivanhoe (Shimaji) (0.71 acre to be non-renewed as a condition of PLA 14-003) 30.47 acres in two parcels 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.

21.             FOR INFORMATION ONLY: Bid opening results for the AC Overlay 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.

Contractor

Base

Additive

Total

W. Jaxon Baker Inc.

$ 1,179,016.30

$ 105,643.70

$ 1,284,660.00

Lees Paving Inc.

$ 1,260,055.60

$ 106,389.23

$ 1,366,444.83

Bowman Asphalt Inc.

$ 1,264,916.55

$ 110,734.45

$ 1,375,651.00

B&B Construction Services

$ 1,276,917.40

$ 102,169.69

$ 1,379,087.09

MAC General Engineering Inc.

$ 1,328,782.60

$ 103,460.40

$ 1,432,243.00

Papich Construction

$ 1,411,443.25

$ 106,556.75

$ 1,518,000.00

Dawson Mauldin Construction

$ 1,418,179.20

$ 120,232.90

$ 1,538,412.10

Bush Engineering

$ 1,478,054.00

$ 113,023.00

$ 1,591,077.00

Jim Crawford Const. Inc.

$ 1,643,071.95

$ 118,688.60

$ 1,761,760.55

Engineers Estimate

$ 1,470,497.90

$ 129,088.30

$ 1,599,586.20

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

22.             Request from Health and Human Services Agency to acknowledge those Tulare County Restaurants and Retail Food Establishments who have attained the Certificate of Excellence in Food Safety Award during the past year.

23.             Request from Information & Communications Technology to approve the Post-Retirement Employment of Administrative Services Programmer Analyst II as Extra Help. Approve and waive the 180-day waiting period to return to work. Approve the necessary budget adjustments (4/5ths vote required).

(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: 1

Public Hearing: Appeal of Notice of Decision for Violation of Medical Marijuana Ordinance 6-21-1040(d) and (i) by Monique Yang. Ms. Yang seeks a public hearing to appeal the assessment of abatement costs

Next Item(s) Sitting as...

ITEM B

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

(Government Code Section 54957)

Acting Capital Projects and Facilities Director

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...