MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

District Three

 

J. STEVEN WORTHLEY Ė

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, CA93291

(559) 636-5000

FAX (559) 733-6898


June 3, 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.

(Consent Calendar)

 

CONSENT CALENDAR (Number 3 through 41)

 

 

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

3.                  Approve the Resolution authorizing the issuance of Tax and Revenue Anticipation Notes for Fiscal Year 2014/15 in an amount not to exceed $56 million.

4.                  Authorize the Treasurer to transfer to the General fund, pursuant to Government Code 50050, 50053, and 50055, unclaimed funds currently in the Auditor-Property Tax, Probation, Sheriff, and Tax Collector special fund accounts.

Board of Supervisors

5.                  Reappoint/appoint the following individuals to the Tulare County Water Commission for terms ending April 30, 2016:Dale Brogan, District 2; Chris Kapheim, District 4; and Roger Everett, At-Large.

6.                  Approve the funding awards of $70,000 as recommended by the Tulare County Youth Commission from the Step Up Youth Activities Grant Program as follows:District 1: Pesticide Action Network of America for the El Quinto Summer Youth Arts Program ($5,000), Courage to Change Teen Connect Program ($5,000), Boys and Girls Club of the Sequoias ($10,000); District 2: Sundale Foundation ($10,000) and Tulare Athletic Club ($5,000); District 3: California Highway Patrol Explorer Post ($5,000); District 4: Big Brothers Big Sisters of Central California for Cutler/Orosi ($10,000), Fotokids ($5,000), and American Youth Soccer Organization ($5,000); and District 5: Social & Environmental Entrepreneurs (SEE)/Wildplaces ($10,000).Authorize the Chairman to sign grant agreements, subject to review and approval as to form by County Counsel.

Capital Projects and Facilities

7.                  Approve the bid documents for the Strathmore Library Remodel Project at 19646 Road 230, Strathmore.Authorize the advertisement of bids for the subject project.Set the bid opening for the project at 2:00 p.m. on Thursday, July 17, 2014.

District Attorney

8.                  Ratify and approve an agreement with the California Office of Emergency Services in the amount of $283,862 to provide continuing funding for the Violence Against Women Vertical Prosecution Program for the period July 1, 2014 through June 30, 2015.Ratify and approve the Chairman's signatures on the Grant Award Face Sheet and the Certification of Assurance of Compliance.Ratify and approve the signatures of the County Administrative Officer on the Certification of Assurance of Compliance.

Fire Department

9.                  Approve an Interlocal Contract for Cooperative Purchasing between the Houston-Galveston Area Council and the Tulare County Fire Department.Authorize the Fire Chief, or his designee, to sign and submit the Interlocal Contract for Cooperative Purchasing to the Houston-Galveston Area Council.Authorize the Tulare County Fire Department to use the Interlocal Contract for Cooperative Purchasing's participating vendors as Sole Source vendor(s) for necessary emergency equipment for fire support personnel and first responders.

Health & Human Services Agency

10.             Approve the adjustment of revenue lines to accommodate State level changes to Vehicle License Fee and Sales Tax 1991 Realignment disbursements.Approve the necessary budget adjustments (4/5ths vote required).

11.             Approve the acceptance of $18,000 in additional funding from the Governor's Office of Emergency Services for the Fiscal Year 2013 Emergency Management Performance Grant.Approve the necessary budget adjustments (4/5ths vote required).

12.             Authorization to apply for $24,357 in grant funding from the California Department of Resources Recycling and Recovery (CalRecycle) LEA EA25 funds. Approve the signature of the Chairman of the Board on the Grant Application Certification.Authorize the Chairman of the Board to execute in the name of Tulare County all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment necessary to secure grant funds and implement the approved grant project.

13.             Approve the Tulare County Mental Health Services Act, Capital Facilities Project Proposal in the estimated amount of $670,000.Authorize the Tulare County Director of Mental Health and Auditor to sign the face sheet exhibits and submit the Mental Health Services Act, Capital Facilities Project Proposal to the State Department of Health Care Services.

14.             Approve an amendment to Agreement No. 23972 with Community Services and Employment Training, Inc. for the provision of comprehensive job services to clients of TulareWORKs to increase the agreement amount of $2,702,548 by $450,000 to a total not to exceed a maximum of $3,152,548.

15.             Approve an amendment to Agreement No. 24796 with Pena's Disposal Service to establish a Recycle-Only Household Hazardous Waste Collection Facility in the town of Cutler from July 1, 2014 through June 30, 2017.

16.             Approve an amendment to Agreement No. 25480 with the College of Sequoias for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities (MAA) claims on behalf of this college, retroactive to July 1, 2013 through June 30, 2015. The purpose of this amendment is to update the Exhibits and add an additional Exhibit to it. Find that the Board had 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.

17.             Approve an amendment to Agreement No. 26143 with Parenting Network to increase the agreement by $2,791 for a total not to exceed $116,791 for delivery of Differential Response to at-risk families.

18.             Approve an agreement with the California Department of Education in the amount of $6,000 for the Summer Food Service Program from June 16, 2014 to September 15, 2014.

19.             Approve an agreement with Family Services of Tulare County, in an amount not to exceed $912,418 for three (3) years, to provide direct skill training to high-risk parents from July 1, 2014 through June 30, 2017.

20.             Approve an agreement with Parenting Network Inc., in an amount not to exceed a maximum of $333,550 for three (3) years, to provide direct skill training to high-risk parents from July 1, 2014 through June 30, 2017.

21.             Approve an agreement with Family Builders Foster Care, Inc. in an amount not to exceed $300,000 to provide Therapeutic Behavioral Services from July 1, 2014 through June 30, 2015.

22.             Approve an agreement with Aspiranet in the amount of $215,680 for the delivery of Transitional Housing Program Plus services from July 1, 2014 through June 30, 2015.

23.             Approve an agreement with Family Preservation Community Services in an amount of $1,000,000 for the provision of Wraparound Services for Fiscal Year 2014/2015, effective July 1, 2014 through June 30, 2015.

24.             Approve an agreement with Kaweah Delta Health Care District to allow Kaweah Delta Health Care District to be designated as a Level III Trauma Center, retroactive from July 1, 2013 through June 30, 2018.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 Arieh R. Whishenhunt, M.D.in an amount not to exceed $310,000 for the provision of psychiatric services, effective July 1, 2014 through June 30, 2015

26.             Approve an agreement with Star View Adolescent Center to provide Community Treatment Facility and Psychiatric Health Facility beds and related mental health treatment for the benefit of Tulare County consumers in an amount not to exceed $280,000 from July 1, 2014 through June 30, 2015.

27.             Approve an agreement with the Tulare County Superintendent of Schools in an amount not to exceed $402,435 for the administration of the More Opportunities for Viable Employment (MOVE) Program from July 1, 2014 through June 30, 2015.

28.             Approve a Memorandum of Understanding with the Superior Court of Tulare County for the provision of two (2) Courtroom Clerk positions for Mental Health Court and Drug Court in the amount of $102,479 from July 1, 2014 through June 30, 2015.

 

Information & Communications Technology

29.             Approve an amendment (Statement of Work No. 4 to Amendment F) to Agreement No. 14242 with CGI, Inc. in an amount not to exceed $276,000 for consulting services hours for procurement enhancements in AFIN from July 1, 2014 through June 30, 2015.

30.             Approve an amendment to Agreement No. 26041 with Tyler Technologies, Inc. to add implementation of the Interactive Voice Response (IVR) system in an estimated amount of $3,750.

Resource Management Agency

31.             Approve and award the contract to the lowest responsive and responsible bidder, Don Berry Construction, Inc. of Kingsburg, California, in the amount of $294,535 for construction of the Strathmore Elementary School Safe Routes to School Project.Authorize the Chairman to sign the contract after 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 $29,454 (10%) to cover unexpected construction conditions.

32.             Approve and award the contract to the lowest responsive and responsible bidder, Brough Construction Corporation of Arroyo Grande California, in the amount of $390,218 for construction of Pixley Safe Routes to School Project.Authorize the Chairman to sign the contract after 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 $39,021 (10%) to cover unexpected construction conditions.

33.             Approve and award the contract to the lowest responsive and responsible bidder, Agee Construction Corporation of Clovis California, in the amount of $1,158,190.70 for construction of asphalt concrete overlays on Road 104 from Avenue 408 to Avenue 424 and Avenue 368 from Road 80 to Road 99.Authorize the Chairman to sign the contract after 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 $115,800 (10%) to cover unexpected construction conditions and funds in the amount of $25,000 to cover construction engineering.

34.             Approve an agreement with Pixley Biogas, LLC, in connection with the application for encroachment permit to place private pipelines within County road right-of-way of Road 120 from one-half mile south of Avenue 112 to one-half mile north of Avenue 112.

35.             Approve the award of Consultant Contract for Preparation of Complete Streets Policies for the Traver, Goshen and Pixley Community Planning Areas to Omni-Means, Ltd. in the amount of $74,902.

 

 

Sheriff/Coroner

36.             Approve an amendment to Agreement No. 26176 with the United States Army Corps of Engineers for law enforcement services at Lake Kaweah Recreation Area, in the amount of $33,000, retroactive to April 25, 2014 through April 22, 2015.Find that the Board had authority to enter into the proposed amendment to the Agreement as of April 25, 2014, and that it was in the County's best interest to enter into the agreement on that date.

37.             Approve an amendment to Agreement 25630 with the United States Army Corps of Engineers, Success Lake Recreation Area for law enforcement services at Success Lake Recreation Area, in the amount of $43,680, retroactive to April 13, 2014, through April 12, 2015.Find that the Board had authority to enter into the proposed amendment to the Agreement as of April 13, 2014, and that it was in the County's best interest to enter into the amendment to the agreement on that date.

Solid Waste

38.             Approve an amendment to Agreement No. 22809 with Shaw Environmental, Incorporated to change their corporate name to CB&I Environmental and Infrastructure, Incorporated.

39.             Approve change of hours at the Visalia Landfill from 7:00 a.m. til 4:00 p.m. to 6:00 a.m. til 5:00 p.m. effective upon approval by CalRecycle.Adopt Notice of Exemption for changing the operating hours at the Visalia Landfill in compliance with the California Environmental Quality Act (CEQA).Authorize the Environmental Assessment Officer, or his Designee, to sign the Notice of Exemption.Direct the Clerk of the Board to return the signed Notice of Exemption to the Resource Management Agency for final filing with the County Clerk.

40.             Waive the second reading and adopt 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.Direct the Clerk to publish a summary of the Ordinance and post a full copy of the Ordinance after adoption, as required by law.

Workforce Investment Board

41.             Reappoint the following individuals to the Workforce Investment Board of Tulare County Board of Directors for terms ending May 31, 2016:

 

Name

 

Membership Category

Qualifications

(Title & Organization)

George Maness

Other-Veterans

Veterans Employment & Veterans Opportunity Day Committees

Gil Aguilar

Business

CPA, Partner in Pine, Pedroncelli & Aguilar, Inc.

Joe Hallmeyer

Business

President, Kenís Stakes & Supplies

Juliet Webb

Public Sector

Health & Human Services Agency

Kerry Hydash

Business

President/CEO, Family HealthCare Network

Robert Alcazar

Migrant & Seasonal Farm Worker Program

Farm Worker Division Director, Proteus, Inc.

Teri Dobson

Public Sector

WIA Director, Tule River Workforce Development Department

William DeLain

Business

Region Manager, Southern California Edison

 

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

42.             Presentation about the Health & Human Services Agency Family Advocate Program presented by various staff.

43.             Request from the County Administrative Office to provide direction to staff as to which, if any, of the two proposed options staff should pursue with regard to modification of Tulare County Ordinances related to medical marijuana, or provide direction to modify one of the proposed options.

44.             Option 1: Ban all cultivation of medical marijuana whether by an individual or a collective or cooperative, current or prospective.Option 2: Ban all marijuana collectives or cooperatives, current or prospective, and allow individual cultivation only.

44.             Request from Parks & Grounds to receive direction regarding ongoing Emergency Drought Water Conservation Efforts.

45.             Presentation from the Resource Management Agency regarding progress on the Central Valley Next Generation Broadband Infrastructure Project (CVNGBIP), and the County's efforts to promote increased public access to broadband and high speed internet in the Central Valley.

(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:Sundale Vineyards, L.P., Harvest Power California, LLC, et al.

Tulare County Superior Court Case No. 255076

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:Sundale Vineyards, L.P., v. County of Tulare, et al.

Respondent and Defendant, Harvest Power California, LLC Real Party in Interest et al.

Tulare County Superior Court Case No. 252564

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 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 E

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 F

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 G

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property Descriptions:1062 S. K Street Tulare, CA

Agency Negotiator:Jean Rousseau and Robert Newby

Negotiating Parties:Tulare Local Health Care District

Under Negotiation:Price & Terms of Payment

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...