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

 

 

August 12, 2014

 

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

Board Chambers, Administration Building

2800 W. Burrel Avenue

Visalia, CA 93291

 

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

Tulare Public Library & Council Chambers

491 North M Street, Tulare, CA 93274

 

 

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 given by Allison Pierce regarding a report on the 2014 Summer Night Lights Program.

3.                  Public Comments.

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to continue the Public Hearing from July 29, 2014 regarding consideration of Mitigated Negative Declaration and Tentative Tract Map No. TM 812 with Exceptions, submitted by R-7 Enterprises/Dave Roberts (Agent: Donna Shamley/Roberts Engineering), for the division of 225 acres into 162 single-family residential lots, ranging in size from 22,500 sq. ft. to 98,650 sq. ft., in the PD-F-M (Planned Development-Foothill Combining-Special Mobilehome) Zone, located on the west side of Millwood Road, one mile northwest of Woodlake, generally described as a portion of Section 17, Township 21 South, Range 29 East, MDB&M. Uphold the recommendation of the Planning Commission to deny the Mitigated Negative Declaration and Mitigation and Monitoring Plan based on the findings set forth in Planning Commission Resolution No. 8948. Uphold the recommendation of the Planning Commission to deny the proposed tentative tract map (TM 812) based on the findings set forth in Planning Commission Resolution No. 8948.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 25)

 

 

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.

 

 

Board of Supervisors

5.                  Ratify the following Proclamations: Honoring Ricardo "Louie" Cantu upon his retirement from the Visalia Police Department; Recognizing the week of August 10-16, 2014 as National Health Center Week in Tulare County; and Declaring August 2014 as Child Support Awareness Month in Tulare County.

6.                  Reappoint Jesus Quevedo, District 4-Consumer and Erma Montion, Consumer to the Community Health Center Board for terms ending April 18, 2018.

7.                  Appoint Ephraim Rodriguez, Agency Representative to the Council on Child and Youth Development for a term ending June 30, 2016.

8.                  Appoint Doug Jackson, Member 5 to the Flood Control District for a term ending September 1, 2016.

Capital Projects and Facilities

9.                  Award the contract for the Strathmore Library Remodel Project at 19646 Road 230, Strathmore, to the lowest responsible bidder, Dale Atkins Contractor, 15430 Avenue 296, Visalia, CA 93292, in the amount of $137,000. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract, subject to review and approval as to form by County Counsel.

County Administrative Office

10.             Approve sending a letter of opposition to Assembly Bill 793 Creation of the San Joaquin Valley Groundwater Conservancy.

11.             Approve an amendment to Agreement No. 25600 with the City of Exeter in the amount of $65,420 to extend the term of the agreement to June 30, 2015 for providing full-time dispatch services and electronic access to the Sheriff's Application Data Systems, retroactive to July 1, 2014 through June 30, 2015. Find that the Board had the authority to enter into the agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement as of that date.

12.             Approve an amendment to Agreement No. 25601 with the City of Farmersville in the amount of $59,859 to extend the term of the agreement to June 30, 2015 for providing full-time dispatch services and electronic access to the Sheriff's Application Data Systems, retroactive to July 1, 2014 through June 30, 2015. Find that the Board had the authority to enter into the agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement as of that date.

13.             Approve an amendment to Agreement No. 25741 with the City of Woodlake in the amount of $49,881 to extend the term of the agreement to June 30, 2015 for providing full-time dispatch services and electronic access to the Sheriff's Application Data Systems, retroactive to July 1, 2014 through June 30, 2015. Find that the Board had the authority to enter into the agreement as of July 1, 2014, and that it was in the County's best interest to enter into the agreement as of that date.

District Attorney

14.             Approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing Program, retroactive to July 1, 2013 through June 30, 2014. 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. Authorize the District Attorney, or his designee, to sign the agreement as the Agency Head.

Health & Human Services Agency

15.             Approve the submission of the Partnerships to Improve Community Health Grant and ratify the Board of Supervisors Chairman's signature on the grant certifications and assurances.

 

 

16.             Approve an agreement with Crestwood Behavioral Health, Inc. - BASIC services to provide a comprehensive and balanced range of mental health services in the amount of $1,160,000, 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.

17.             Approve an agreement with the Housing Authority of Tulare County for the Community Living Center, retroactive to December 1, 2013. Find that the Board had the authority to enter into the proposed agreement as of December 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

18.             Approve an agreement with Family Services of Tulare County for the In-Home Parent Education Program in an amount not to exceed $355,190, 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.

19.             Approve an agreement with Community Services Employment Training, Inc. to provide Supported Employment and Volunteer Program in an amount not to exceed $515,666, 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.

20.             Approve an agreement with Kings View Corporation to provide the Warm Line Program in an amount not to exceed $199,755, 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.

21.             Approve an agreement with Kings View Corporation for the South County One-Stop Center to provide mental health services in an amount not to exceed $700,000, 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.

Resource Management Agency

22.             Approve an amendment to Agreement No. 25406 (Program Supplement No. N060) with the California Department of Transportation in the amount of $288,000 for the preliminary engineering and right of way phases for the Road 182 over Deep Creek Bridge project.

23.             Approve the Cooperative Agreement with the Cutler-Orosi Unified School District for the Orosi High School Safe Routes to School Project. Authorize the Chairman of the Board of Supervisors to sign the agreement, subject to review and approval as to form by County Counsel.

 

 

24.             Approve and award the contract to the lowest responsive and responsible bidder, Dawson-Mauldin Construction, Inc. of Huntington Beach, California in the amount of $195,331.60 for construction of Orosi High School Safe Routes to School Project. 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 $19,533 (10%) to cover unexpected construction conditions.

25.             Authorize the filing of a Notice of Partial Non-Renewal for one Land Conservation Contract as provided in the Williamson Act. Approve the execution of an amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal. The request fulfills a condition resulting from the approval of one tentative parcel map: PNR 14-012 - Williamson Act Contract No. 8016, Ag Preserve No. 2678, located on the west side of Road 158 and south of the Kaweah River, approximately 2,600 feet north of Avenue 296, east of Visalia (Merrill) (1.02 acre to be non-renewed as a condition of PPM 14-014), 24.55 acres in two parcels subject to contract amendment.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

26.             Request from the County Administrative Office requesting that the California Board of State and Community Corrections authorize the allocation of $6,526,000 of Senate Bill 1022 Jail Construction funds to Tulare County for the construction of the Sequoia Field Program Facility. These are funds that were allocated to and subsequently relinquished by Tehama County to be used for their jail construction project. Authorize the contribution of $122,000 of County funds to the Sequoia Field Program Facility project to restore the project to 100% funding. In the event the California Board of State and Community Corrections awards an amount less than $6,526,000 or no additional funding to Tulare County, accept the tentative award of $33,352,000 and any additional funds for the construction of the Sequoia Field Program Facility. Direct staff to submit a letter to California Board of State and Community Corrections summarizing these actions.

27.             Request from Information & Communications Technology to approve an agreement with Manatron, Inc. - A Thomson Reuters Business in the amount of $4,633,434 for the purchase and implementation of the Aumentum System to replace the current Property Information Management System, effective August 12, 2014 to June 30, 2021. Approve the commitment of the additional $10,388,644 of the general fund's fund balance to be allocated to the purchase and implementation of the equipment necessary to run the new Aumentum System, as well as the payment of associated salaries and benefits for individuals from the Assessor, Auditor-Controller/Treasurer-Tax Collector, and Tulare County Information and Communications Technology departments (Total commitment of $15,022,078). Authorize establishment of a trust fund and the transfer of committed monies for estimated project costs. Designate the Auditor-Controller/Treasurer-Tax Collector and the Assessor to sign, on the Board's behalf, the Delivery Acceptance Statement (DAS) for the completion of each milestone. This action, throughout the life of the contract will release payments based on milestone completion by the vendor. 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

Agenda Item regarding request from Resource Management Agency to uphold the recommendations of the Planning Commission regarding Tentative Tract Map No. TM 812 submitted by R-7 Enterprises/Dave Roberts.

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

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

Tulare Superior Court Case No. 249061

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property Descriptions: 5300 W. Tulare Ave Visalia CA

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Weingart Foundation

Under Negotiation: Price & Terms of Payment

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Coded Section 54956.9 (d)(2)] Number of Potential Cases: 100

 

 

 

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

Claim filed by Richard Miller on December 13, 2012, arising from damage to Mr. Miller's real property.

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

Application for Leave to Present Late Claim (Carlene Newsum)

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...