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

 

April 1, 2014

 

3:00 P.M. Board Convenes for Closed Session

Board Chambers, Administration Building

2800 W. Burrel Avenue, Visalia

 

7:00 P.M. Board Reconvenes for Open Session

Lindsay Council Chambers

251 E. Honolulu, Lindsay

 

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 Lindsay High School Girls Basketball team as the 2013/14 Central Section Division IV Valley Champions.

3.                  Present Proclamation recognizing April 2014 as Child Abuse Prevention Month in Tulare County.

4.                  Adopt a Resolution proclaiming the week of April 13-19, 2014 as National Public Safety Telecommunicators Week.

5.                  Adopt a Resolution proclaiming the first full week in April 2014 to be "Healthy Tulare County Week" coinciding with National Public Health Week and incorporating the themes of National Public Health Week into "Healthy Tulare County Week."

6.                  Public Comments.

 

 

7:30 P.M. TIMED ITEMS

 

(Timed Items)

7.                  PUBLIC HEARING: Request from Resource Management Agency to approve an application for funding from the State Department of Housing and Community Development 2014 Community Development Block Grant. Review and approve submittal of the application for $2,000,000 in funding to be distributed as follows: (a) General Program Administration $139,535; (b) Public Improvements in Support of Housing New Construction $1,395,349; (c) Housing Rehabilitation Program $372,093; and (d) two (2) Planning and Technical Assistance Activities $93,023: 1) Community Development - Housing Conditions Survey in the amount of $45,000 and 2) Economic Development - Earlimart Community Plan in the amount $48,023. Determine that Citizen Participation requirements were met during the development of the application. Adopt the amended local CDBG Housing Rehabilitation Program Guidelines. Authorize commitment of the required five percent or $4,652 cash match for the Planning and Technical Assistance Activity. Authorize commitment of $204,651 local contribution for the Public Improvements. Authorize and direct the Chairman of the Board to sign the completed application and accompanying documents on behalf of the County. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this application. Authorize and direct the Chairman of the Board to enter into and sign the Standard Agreement, and any subsequent amendments thereto, with the State of California for the purpose of this grant, subject to County Counsel approval as to form. Authorize and direct the Resource Management Agency Director, Associate Director or Grants and Development Manager to sign Funds Requests and other program-supporting documentation. Request the Auditor-Controller to issue warrants. Direct the Clerk of the Board to provide a certified copy of the resolution.

(Consent Calendar)

 

 

 

CONSENT CALENDAR (Number 8 through 20)

 

 

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

8.                  Waive the second reading and adopt 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. Direct the Clerk to publish the Ordinance after adoption as required by law.

Board of Supervisors

9.                  Ratify a Proclamation honoring Rick Borges as the 2014 Tulare Kiwanis Farmer of the Year.

Health & Human Services Agency

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

11.             Approve a Site Agreement with the California Department of Public Health, Office of AIDS for the AIDS Drug Assistance Program, retroactive to July 1, 2013 through June 30, 2016. 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

12.             Approve the Capital Asset purchase of a used Forklift with Gray Lift Inc. in an amount not to exceed $14,999. Approve the necessary budget adjustments (4/5ths vote required).

13.             Approve the request for technology enhancements and associated projected costs for the Tulare County Health & Human Services Agency, TulareWORKs Division. Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

14.             Approve the designation of an All Way Stop at Avenue 384 (Boston Avenue) and Road 8 (North 5 Avenue) as a controlled intersection. Authorize the installation of Stop signs on Road 8 (North 5 Avenue) at the intersection of Avenue 384 in accordance with the provisions of Section 2B.07 of the 2012 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

15.             Approve and award the contract to the lowest responsive and responsible bidder, W. Jaxon Baker, Inc. of Madera California, in the amount of $1,284,660 for construction of asphalt concrete overlays on segments of Road 12, Avenue 160 and Road 136. 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 $128,000 (10%) to cover unexpected construction conditions and funds in the amount of $25,000 to cover construction engineering. Approve the use of County forces to perform force account work, as allowed under Public Contract Code Section 22031, for road resurfacing work to be performed on Road 100 from the Avenue 252 alignment to the Avenue 264 alignment for an estimated cost of $300,000.

16.             Reject all bids received on March 6, 2014 for the Pixley Safe Routes to School Project. Approve the advertisement for bids for the Pixley Safe Routes to School Project. Set the bid opening date for April 30, 2014 at 2:00 p.m.

17.             Authorize the filing of Notice of Partial Non-Renewal for the following Land Conservation Contract as provided in the Williamson Act. Approve the execution of amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal. The request fulfills conditions resulting from the approval of a parcel map: PNR 14-002 - Williamson Act Contract No. 12173, Ag Preserve No. 3803, located on the west side of Road 152, between Avenue 292 and Noble Avenue, Visalia (Marjorie Ries Whitendale), (2.48 acres (homesite) from 40.51 acres non-renewed as a condition of PPM 13-008) 38.03 acres in a portion of two parcels subject to contract amendment.

18.             Delete the following vacant positions in the Road Fund and General Fund that are no longer utilized. Road Fund: two (2) Construction & Maintenance Worker II positions, No. 2620 and 2622; two (2) Engineering Aide II positions, No. 2536 and 2538; and one (1) Deputy Assistant RMA Director-Public Works position, No. 9494. General Fund: one (1) Chief Planner position, No. 0285.

Sheriff/Coroner

19.             Approve a grant agreement with the Board of State and Community Corrections for $319,778 in Fiscal Year 2013/14 to continue operation of 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 grant agreement amendments as of October 1, 2013, and that it was in the County's best interest to enter into the agreements on that date. Approve the necessary budget adjustments (4/5ths vote required).

20.             Approve a grant agreement with the Board of State and Community Corrections for $204,476 in Fiscal Year 2013/14 to continue operation of the Tulare County Inter-Agency Drug Enforcement Team, retroactive to October 1, 2013 through September 30, 2014. Find that the Board had authority to enter into the grant agreement amendments as of October 1, 2013, and that it was in the County's best interest to enter into the agreements 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

 

21.             Presentation given by Allison Pierce, Board Representative, regarding Step Up activities and involvement in District One.

22.             Presentation given by Child Support Services regarding an overview of their functions and responsibilities.

23.             Request from Resource Management Agency for 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.

24.             Request from the County Administrative Office to receive input and provide direction regarding the federal legislative priorities to be addressed during the advocacy trip to Washington, D.C. during April 8-10, 2014.

25.             Request from the County Administrative Office to provide direction to staff to notify the California Board of State and Community Corrections as to which, if any, of the proposed four options the Board selects regarding the construction of the Sequoia Field Program Facility with Senate Bill 1022 (SB 1022) funds: Option 1: Maintain the current project scope by providing additional County funding of $6,648,000 to compensate for the funding short fall. Option 2: Amend the project scope commensurate with the amount of available funding of $33,352,000. Option 3: Decline the partial conditional award amount. Option 4: Add partial additional County funding and amend the project scope commensurate with the total funding then available.

26.             Request from County Administrative Office to receive Mid-Year Budget Report for Fiscal Year 2013/14. Approve proposed schedule for preparation and adoption of the Fiscal Year 2014/15 budget, which incorporates a rollover budget as the operating budget (including the Capital Projects budget) for the period between July 1, 2014 and adoption of the 2014/15 budget (4/5ths vote required). Adopt the Personnel Resolution to add, reclassify, delete, and amend positions; and approve the required job specifications stemming from the Mid-Year Report. Authorize the Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County Administrative Officer, to process any budget adjustments stemming from the Mid-Year Report (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 - EXISTING LITIGATION

Details

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

Name of Case: Linnetta Ybarra v. County of Tulare

Tulare County Superior Court Case No. 255460

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: City of Porterville v. County of Tulare, et al.

Tulare County Superior Court Case No. 249043

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: County of Tulare v. City of Porterville, et al.

Tulare County Superior Court Case No. 249877

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Sierra Club v. County of Tulare, et al.

Tulare Superior Court Case No. 249061

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

See Board of Supervisors Agenda Item April 1, 2014: Reject bids received and authorize re-bid of Pixley Safe Routes to School Project

 

 

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Consider Tentative Tract Map TM785 and Mitigated Negative Declaration submitted by Ray DiCarlo for the division of 67.2 acres into 73 single-family residential lots ranging from .48 acres to 1.7 acres in the PD-F-M (Plan Development-Foothill Combining-Special Mobile Home) Zone See Board of Supervisors Agenda Item 5 March 25, 2014

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 [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

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...