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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

July 22, 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 approve placement of County Service Areas (CSA) No. 1 and County Service Areas (CSA) No. 2 delinquent sewer and water service fees, delinquent penalties and Auditor's collection charges on the 2014/2015 tax rolls.

4.                  PUBLIC HEARING: Request from the Resource Management Agency to approve placement of Seville Water Company delinquent sewer service fees, delinquent penalties and Auditor's collection charges on the 2014/2015 tax rolls.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

5.                  PUBLIC HEARING: Request from Resource Management Agency to approve placement of Terra Bella Sewer Maintenance District delinquent sewer service fees, delinquent penalties and Auditor's collection charges on the 2014/2015 tax roll.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 26)

 

 

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.

 

 

Agricultural Commissioner/Sealer

6.                  Approve an agreement with the California Department of Food and Agriculture in the amount of $8,400 for the County Weighmaster Program, retroactive to July 1, 2014 through June 30, 2015. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

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

7.                  Approve an agreement with the Tulare Irrigation District to collect and distribute special assessments on the Secured Property Tax Roll.


8.                  Approve the Candidate Statement Regulations and Printing Fees for the November 4, 2014 General Election. Require each candidate filing a statement to pay the estimated cost in advance. The estimated cost will be adjusted to actual cost upon completion of the election. Candidates will be refunded or billed for the difference. Limit each candidate's statement to no more than 200 - 400 words for Local Offices and 250 words for State Offices.

Board of Supervisors

9.                  Ratify Proclamation honoring Donnette Silva Carter President/CEO of the Porterville Chamber of Commerce.

County Administrative Office

10.             Ratify actions taken by the County Administrative Officer during the month of June 2014.

11.             Approve a resolution regarding the Department of Interior's proposed rule to change the federal tribal acknowledgment process.

Health & Human Services Agency

12.             Approve an amendment to Agreement No. 25985 with Decade Software Company, LLC to increase the amount of the agreement by $7,200 to a total amount not to exceed $331,578 to include California Electronic Reporting System, Electronic Data Transfer Service Fees from August 1, 2014 through June 30, 2016.

13.             Approve an agreement with Golden State Health Centers, Inc., d.b.a Sylmar Health and Rehabilitation Center to provide stabilization and long-term maintenance for mentally disabled clients in an amount not to exceed $1,300,000, retroactive to July 1, 2014 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

14.             Authorize the submittal of an application in the amount of $221,359 to the Governor's Office of Emergency Services (Cal OES) for the Fiscal Year 2014 Emergency Management Performance Grant.

15.             Authorize the submittal of the application for the 2014 State Homeland Security Grant Program in the amount of $542,173.

16.             Approve an agreement with Tulare County Superintendent of Schools for the Children of Promise Program in an amount not to exceed $288,227, retroactive to July 1, 2014 to June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.


17.             Approve an agreement with Clinical Information Systems to provide lab information system maintenance and support for a period of two (2) years, retroactive to July 1, 2014 through June 30, 2016. Find that the Board had authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

18.             Approve the named provider sites as facilities designated by the County and approved by the State Department of Health Care Services for a 72-hour treatment and evaluation. Approve the named classes of individuals who may, upon probable cause, take, or cause to be taken, mentally disordered individuals described in California Welfare & Institutions Code Section 5150 into custody and place them into a facility described in paragraph 1, for 72-hour treatment and evaluation. Approve the designations under this Resolution effective through June 30, 2015. All previous designations are hereby revoked. Authorize and direct the Clerk of this Board to send certified copies of this Resolution to the Director of each authorized facility, the Director of Turning Point of Central California, the Director of Tulare Youth Services Bureau, and the Director of Tulare County Office of Education Behavioral Health Services.

19.             Approve the Memorandum of Understanding with the California Department of State Hospitals and the California Mental Health Services Authority (CalMHSA) for the provision of State Hospital Bed Purchase and Usage, estimated to be $754,455 for Fiscal Year 2013/2014, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

20.             Approve an agreement with Life Technologies Corporation to provide maintenance and repair support of equipment for the Tulare County Public Health Laboratory in the amount of $12,000, retroactive to February 1, 2014 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of February 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

21.             Approve an agreement with Crestwood Behavioral Health, Inc.- PATCH services in the amount of $285,000 for the provision of Day Treatment Services, retroactive from July 1, 2014 through June 30, 2015. Find that the Board had authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

Information & Communications Technology

22.             Approve an amendment to Agreement No. 18367 with CA, Inc. to increase the amount to $95,310 to include Easytrieve, which is essential to continue running the Property Information Management System for the County of Tulare. Find that the Board had authority to enter into the amendment as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.


Resource Management Agency

23.             Authorize the filing of amendments to Land Conservation Contracts as a condition of approval for one applicant initiated lot line adjustment.

PLA 14-004 - Williamson Act Contract No. 5961, Agricultural Preserve No. 1011, located on the north side of Avenue 204, on the west side of Road 96 Pratt Street, southeast of Tulare (Donald C. McCarthy Limited Partnership) 34.43 acres in two parcels subject to contract amendment.

PLA 14-004 - Williamson Act Contract No. 5004, Agricultural Preserve No. 1011, located on the north side of Avenue 204, on the west side of Road 96/Pratt Street, southeast of Tulare (Donald C. McCarthy Limited Partnership) 51.16 acres in two parcels subject to contract amendment.

PLA 14-004 - Williamson Act Contract No. 3785, Agricultural Preserve No. 2783, located on the north side of Avenue 204, on the west side of Road 96/Pratt Street, southeast of Tulare (Western Milling LLC) 24.30 acres in two parcels subject to contract amendment.

Sheriff/Coroner

24.             Approve an amendment to Agreement No. 25086 with Canteen of Fresno to provide inmate commissary services, retroactive to July 1, 2014 and extending through June 30, 2015. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

25.             Approve amendments to agreement with the Alpaugh Unified School District (26220), the Earlimart School District (26221), and the Pixley Union School District (26222) to provide a school resource officer to rotate between these districts, retroactive to July 1, 2014, through June 30, 2015 in the amount of $23,091 for each agreement. Find that the Board had authority to enter into the proposed agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

Solid Waste

26.             Approve a Disposal agreement with the City of Tulare to offset disposal costs increases effective July 1, 2014 and to provide a more predictable Enterprise Fund revenue stream, retroactive to July 1, 2014 through June 30, 2019.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

27.             Request from the County Administrative Office to approve sending a resolution to Governor Jerry Brown and California Air Resources Board requesting the delay of implementation of gasoline and diesel fuel under California's market based program to reduce carbon emissions ("Cap and Trade").

28.             Request from Resource Management Agency to approve the request from the Three Rivers Lions Club for a waiver of application fees for Special Use Permit Application (PSP 14-034) on the ground that it would be unreasonable to collect the fees because the Club does not have funds readily available to pay these fees and by not moving forward with this project, the community would be deprived of socially beneficial community fund raising activities and projects.

29.             1:30 p.m. Study Session: Request from the County Administrator Office to provide direction to staff as to which, if any, of the three proposed options staff should pursue with regard to modification of Tulare County Ordinances related to groundwater, or provide direction to modify one of the proposed options.

Option 1: Update the Well Ordinance to include modifications that ensure water quality is protected; and/or

Option 2: Direct the Tulare County Water Commission to review and advise the Board on the necessity of a Groundwater Exportation Ordinance that protects beneficial uses in the Tulare Lake Basin Hydrologic Region for groundwater that is extracted in Tulare County; and/or

Option 3: Work with local water agencies to propose a plan to effectively manage groundwater supply and quality over a reasonable period of time.

(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

Request from RMA to approve placement of TBSMD delinquent sewer service fees, delinquent penalties and Auditor's collection charges on the 2014/2015 tax roll. See Tulare County Board of Supervisors Agenda 7/22/14.

Next Item(s) Sitting as...

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation

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

Number of Potential Cases: 1

Request from RMA to approve placement of Seville Water Co. delinquent sewer service fees, delinquent penalties, and Auditor's collection charges on the 2014/2015 tax roll. See Tulare County Board of Supervisors Agenda 7/22/14.

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

Request from RMA to approve placement of CSA's 1 & 2 delinquent sewer and water service fees, delinquent penalties, and Auditor's collection charges on the 2014/2015 tax roll. See Tulare County Board of Supervisors Agenda 7/22/14.

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 54956.9(d)(2)]

Number of Potential Cases: 1

Request from County Administrative Office for direction regarding modification of Tulare County Ordinances related to groundwater. Groundwater Workshop on July 22, 2014.

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: 1

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

Next Item(s) Sitting as...