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


May 13, 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 Resource Management Agency to continue the Public Hearing from April 29, 2014 to consider and approve the proposed fee adjustments to the Planning & Development Fee schedule, effective July 1, 2014, and be incorporated into the revenues estimated for the proposed Fiscal Year 2014/2015 Budget.

4.                  PUBLIC HEARING: Request from Resource Management Agency to 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 and to continue the Public Hearing from April 29, 2014 for the sole purpose of approving Findings regarding the appeal filed by Monique P. Yang.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 15)

 

 

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

5.                  Authorize the sale, at Internet Auction, of tax-defaulted properties, subject to the Power to Sell according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code to begin on August 7, 2014 through August 11, 2014, ending time to be staggered every 15 minutes starting at 10:00 a.m. on August 11, 2014. Re-offer any parcel starting November 6, 2014 through November 10, 2014, that does not sell at the end of the August 2014 auction at a lower minimum bid amount [3698.5(c)]. Authorize a $5,000 refundable deposit for unsuccessful bidders during registration [3692(e)].

Health & Human Services Agency

6.                  Approve an agreement with the Department of Health Care Services (State Agreement No. 14-90032) for the County-Based Medi-Cal Administrative Activities Program, effective July 1, 2014 through June 30, 2017.

7.                  Approve an agreement with JDT Consultants, Inc. in an amount not to exceed $470,000 to provide Therapeutic Behavioral Services from July 1, 2014 through June 30, 2015.

 

 

Resource Management Agency

8.                  Authorize the filing of a Notice of Partial Non-Renewal for the following two Land Conservation Contracts as provided in the Williamson Act. The request fulfills a condition resulting from the approval of one lot line adjustment and one tentative parcel map. Approve the execution of an amendment to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals. PNR 14-005 - Williamson Act Contract No. 5244, Ag Preserve No. 1454, located on the southeast corner of Road 212 and Avenue 256, north of Lindsay (Houston) (1.57 acre to be non-renewed as a condition of PPM 13-035), 26.82 acres in two parcels subject to contract amendment. PNR 14-006 - Williamson Act Contract No. 5930, Ag Preserve No. 1929, located on the north side of Avenue 352 and the west side of Road 150, approximately 3 miles north of Ivanhoe (Fife) (3.31 acre to be non-renewed as a condition of PLA 14-006), 45.59 acres in two parcels subject to contract amendment.

9.                  Approve an agreement with Provost & Pritchard in an amount not to exceed $480,134 for planning and engineering consultant services for the Matheny Tract Wastewater System Plan.

10.             Authorize submittal of seventeen grant applications, with refinements as necessary, to the California Department of Transportation (Caltrans) Active Transportation Program in the amount of $8,905,700. Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to these applications. Authorize the Chairman of the Board, or designee(s), to execute, in the name of the County of Tulare, the Funds Transfer Agreements, any amendments thereto, and any and all other documents or instruments necessary or required by Caltrans for participation in the ATP Grant Program, subject to County Counsel approval as to form. Authorize and direct the Resource Management Agency's Director, or designee, to submit Funds Requests and other program-supporting documentation.

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

Contractor

Proposal

Brough Construction, Inc.

$ 390,218.00

DOD Construction

$ 438,030.00

Hobbs Construction Inc

$ 443,222.00

Dawson-Mauldin Construction, Inc.

$ 464,210.00

Sierra Range Construction

$ 464,680.00

Lee's Paving, Inc.

$ 475,829.92

Don Berry Construction, Inc.

$ 543,467.50

Engineers Estimate

$ 465,825.00

 

 

 

Sheriff/Coroner

12.             Approve an amendment to Agreement No. 25307 with United States Forest Service to update Exhibit B to include the reimbursement amount of $26,000 for the suppression of manufacturing and trafficking of controlled substances on or affecting Forest Service land, retroactive to October 1, 2013 through September 30, 2014. Find that the Board had authority to enter into the proposed amendment to the agreement as of October 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

13.             Approve the Memorandum of Agreement with the National Park Service, United States Department of the Interior, Sequoia and Kings Canyon National Parks, to provide personnel services and equipment required for search and rescue operations on lands within Sequoia and Kings Canyon National Parks (NPS) within Tulare County and immediate surrounding areas, effective for a period of five years from the date of the fully executed Memorandum of Agreement.

Solid Waste

14.             Authorize the Solid Waste Department to increase the Change Fund to $2,700 in order to make change for landfill charge account customers who are making payments at the Solid Waste Business Office.

15.             Introduce and waive the first reading of an Ordinance adding Chapter 4 to Part IV of the Tulare County Ordinance Code pertaining to the collection of medical use needles known as sharps. Set the second hearing for June 3, 2014. Direct the Clerk of the Board to publish a summary of the Ordinance before the second reading, as required by law.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

16.             Request from County Administrative Office to appoint Michael Scott, Mutually Selected Member to the Tulare County Indian Gaming Local Community Benefit Committee for a term ending January 1, 2018. Consider the following options regarding the remaining Mutually Selected Member appointments to the Tulare County Indian Gaming Local Community Benefit Committee: Option 1: Appoint Vincent Salinas, Mutually Selected Member to the Tulare County Indian Gaming Local Community Benefit Committee for a term ending January 1, 2015 and appoint Aaron Collins, Mutually Selected Member-Alternate to the Tulare County Indian Gaming Local Community Benefit Committee for a term ending January 1, 2017, as recommended by the Tule River Indian Tribal Council. Option 2: Decline the appointment of Vincent Salinas, Mutually Selected Member to the Tulare County Indian Gaming Local Community Benefit Committee for a term ending January 1, 2015 and decline the appointment of Aaron Collins, Mutually Selected Member-Alternate to the Tulare County Indian Gaming Local Community Benefit Committee for a term ending January 1, 2017.

17.             Presentation given by County Counsel regarding an overview of the department's functions and responsibilities.

18.             Request from the Solid Waste Department to approve the Personnel Resolution regarding engineering/environmental and management adjustments effective May 18, 2014 as follows: Delete Engineer III position (vacant); Delete Engineer Technician II position (vacant); Reclassify an existing Staff Service Analyst II to an Administrative Services Officer II; Reclassify an existing Engineering Technician IV to a Solid Waste Environmental Coordinator (newly created position); Adopt the new classification of Solid Waste Environmental Coordinator and designate Salary Grade 243; and Modify the Solid Waste Coordinator to exempt status and increase Salary Grade to 624 for parity with similar Coordinator positions within the County compensation structure (RMA). Authorize Human Resources and Development and Solid Waste Departments to meet and confer with affected unions.

19.             Request from the Solid Waste Department to approve the Personnel Resolution effective June 28, 2014 to eliminate positions due to the discontinued operation of the Woodville Landfill as follows: Delete Refuse Site Supervisor position (vacant); Delete a Mechanic's Helper position (vacant); Delete a Refuse Equipment Operator III position; Delete four (4) Refuse Equipment Operator I/II positions (two are vacant); Delete two Refuse Site Attendant positions; and Delete six (6) Refuse Site Caretaker positions (two are vacant). Authorize Human Resources and Development and Solid Waste Departments to initiate layoff process, including the issuance of notices of layoff and meet and confer with affected unions.

20.             Presentation given by the County Administrative Office regarding a Customer Service Training Program update.

(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

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation

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

Number of Potential Cases: 1

Appeal of Notice of Decision for Violation of Medical Marijuana Ordinance 6-21-1040 (d)(i) Monique P Yang. See Board of Supervisors Agenda March 25, 2014, and April 29, 2014.

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 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 D

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...