(Public Comment Period)
1.
Board of Supervisors matters.
2.
Public Comments.
3.
Present Proclamation recognizing and acknowledging the
month of August as Child Support Awareness Month on behalf of the Tulare County
Department of Child Support Services and the California Department of Child
Support Services.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
4.
PUBLIC HEARING: Request by the Solid Waste Department to
approve a rate increase per the solid waste collection and recycling Franchise
Agreements, effective October 1, 2015. Approve a rate proposal per the request
of the Tulare County Haulers Association for ancillary fees to be included in
solid waste collection and recycling Franchise Agreements, effective October 1,
2015.
5.
PUBLIC HEARING: Request from Resource Management Agency
to certify that the Board has reviewed and considered the information contained
in the Categorical Exemption pursuant to 14 California Code Regulations,
Section 15332 (Infill Development) and Section 15061 General Rule Exemption
prepared for the project is applicable to the Change of Zone, as being in
compliance with the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines. Find there is no substantial evidence that said Change of
Zone will have a significant effect on the environment and determine that the
Categorical Exemption pursuant to 14 California Code Regulations, Section 15332
(Infill Development) and Section 15061 (General Rule Exemption) prepared for
the project reflects the independent judgment of the County and has been
completed in compliance with the California Environmental Quality Act of 1970.
Direct the Environmental Assessment Officer of the Tulare Resource Management
Agency to file a Notice of Determination with the Tulare County Clerk. Adopt
the findings of approval for the Change of Zone, as set forth in the Planning
Commission Resolution No 9073. Waive the final reading and adopt the amendment
to Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No.
PZ 15-001, from R-1 (Single Family Residential) zone to C-2(General Commercial)
zone on approximately a 35,319 sq. ft. portion of a 7.41 acre lot of Assessor
Parcel Number (APN) 233-060-031, located near the intersection of Road 168 and
Avenue 168 within the community of Woodville. Direct the Clerk of the Board to
publish the adopted Ordinance and Amended Zoning Map.
(Consent Calendar)
CONSENT CALENDAR (Numbers 6 through 32)
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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 members on any item, that item will be removed from the Consent
Agenda if separate action is required.
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Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
6.
Approve an amendment to
Agreement No. 25250 with Reality Investing Advisory Services to lower the fees
for the Managed Account Feature within the Deferred Compensation Plan.
Board of Supervisors
7.
Reappoint Jim Zimmerman,
Director to the Southern Tulare County Citrus Pest Control District for a term
ending July 6, 2019
8.
Reappoint Glenn S. Irish,
County Fire Chief's Association seat to the Independent Ambulance Compliance
Committee for a term ending December 31, 2016.
9.
Appoint Jim Young, Member 6 to
the Tulare County Employees' Retirement Board for a term ending December 31,
2015.
County Administrative Office/General
Services
10.
Ratify and approve application
submittal to the United States Department of Agriculture Rural Utilities
Service under the Emergency Community Water Assistance grant for $500,000 to
alleviate drought-related well problems currently affecting the residents of
Oakieville. Authorize and direct the County Administrative Officer, or
designee, 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 Fund Agreement and any subsequent amendments thereto, with the United
States Department of Agriculture Rural Utilities Service for the purpose of
this grant, subject to County Counsel approval as to form. Authorize and
direct the County Administrative Officer, or designee, to perform the
following: Serve as Grant Administrator; Sign Funds Requests for
Reimbursement; Sign the Project’s Budget and Expenditure Summary; Sign the
Certification of Project Completions; and Sign the Final Release Form.
11.
Approve sending a letter of
support, if amended, for Senate Bill X1 1 (Beall) which would create the Road
Maintenance and Rehabilitation Program to address deferred maintenance on the
state highway system and the local street and road system.
12.
Approve an agreement with Western
Strata Exploration in the amount of $341,099.34 to construct a new well and
install a new pump for the Mooney Grove Park Well replacement project,
retroactive to July 15, 2015. Find that the Board had the authority to enter
into the proposed contract as of July 15, 2015, and that it was in the County’s
best interest to enter into the contract on that date. Authorize the Chairman
to sign the construction agreement upon receipt of certificates of insurance,
license verification, and contract, subject to review and approval as to form
by County Counsel.
Health & Human Services Agency
13.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
14.
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,
2016. All previous designations are hereby revoked. Authorize and direct the
Clerk of the 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.
15.
Approve an amendment to
Agreement No. 22153 with GE Medical Systems Information Technologies, Inc. to
extend the term through June 30, 2018 in an amount not to exceed $362,234,
retroactive to July 1, 2015. Find that the Board had authority to enter into
the proposed amendment as of July 1, 2015, and that it was in the County’s best
interest to enter into the amendment on that date.
16.
Approve an amendment to Agreement
No. 27059 with Ralph Agnello, Attorney at Law, to update Exhibits B and F for
the provision of Hearing Officer Services for Certification and Riese Hearings,
retroactive to July 1, 2015 through June 30, 2016. Find that the Board had
authority to enter into the proposed amendment as of July 1, 2015, and that it
was in the County’s best interest to enter into the amendment on that date.
17.
Approve an agreement with
Tulare County Superintendent of Schools for the Preschool Expulsion Reduction
Program in an amount not to exceed $159,410, retroactive to July 1, 2015
through June 30, 2016. Find that the Board had authority to enter into the
proposed agreement as of July 1, 2015, and that it was in the County’s best
interest to enter into the agreement on that date.
18.
Approve an agreement with
Tulare County Superintendent of Schools for the Primary Intervention Program in
an amount not to exceed $441,095, retroactive to July 1, 2015 through June 30,
2016. Find that the Board had authority to enter into the proposed agreement
as of July 1, 2015, and that it was in the County’s best interest to enter into
the agreement on that date.
19.
Approve an agreement with the
California Department of Public Health to accept grant funding in the amount of
$487,121 per Federal Fiscal Year with a total contracted amount of $1,948,484
as part of the Lifetime of Wellness: Communities in Action grant, retroactive
to March 1, 2015 through September 29, 2018. Find that the Board had the
authority to enter into the proposed agreement as of March 1, 2015, and that it
was in the County’s best interest to enter into the agreement on that date.
Information & Communications
Technology
20.
Approve the purchase of
software, hardware and capital assets to complete Phase 1 of the Probation
Camera Storage Project.
21.
Approve the request to proceed
with the bid process for fabrication and purchase of the new Blue Ridge
Communications Tower. Authorize the Director of Tulare County Information and
Communications Technology to approve change requests not exceeding 10% of the
proposed cost. Approve the necessary budget adjustments (4/5ths vote
required).
22.
Approve an agreement with Level
3 Communications, Inc. in the amount of $95,814 to provide internet
connectivity for the County, effective August 1, 2015 through August 1, 2018.
Probation
23.
Approve an agreement with the
California Office of Traffic Safety for Intense Probation Supervision for High
Risk Felony and Repeat Driving Under the Influence Offenders, effective October
1, 2015 through September 30, 2016.
Resource Management Agency
24.
Approve an agreement with Guido
Anthony Lombardi and Ticino 04, in connection with the application for
encroachment permit to place a private irrigation pipeline within County road
right-of-way of Road 224 across County Bridge No. 46C-0128 spanning the
Friant-Kern Canal, northwest of the City of Porterville.
25.
Approve an application to the
State Water Resources Control Board for Clean-Up and Abatement Account Interim
Emergency Drinking Water Drought Funds for $750,000 to purchase and deliver
emergency bottled drinking water to residents throughout the County on an as
needed basis. Authorize and direct the County Administrative Officer or
designee 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 Funding 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, or designees, to perform the following: Serve as Grant
Administrator; Sign Funds Requests for Reimbursement; Sign the Project’s Budget
and Expenditure Summary; Sign the Certification of Project Completions; and
Sign the Final Release Form. Authorize the Purchasing Agent to waive the bid
process and enter into commodity contracts with approved, available vendors
with readily available supplies. Authorize the necessary budget adjustments (4/5ths
vote required).
26.
Authorize the County’s Contract
Administrator, or designee, to give Mark Thomas and Company, Inc., thirty (30)
days prior written notice of the intent to terminate Agreement No. 26775.
Terminate Agreement No. 26775 with Mark Thomas and Company, Inc. thirty (30)
days from the date of the intent to terminate notice.
27.
Approve the Plans, Special
Provisions, Proposal and Contract (“Bid Documents”) for the construction of the
Road 182 Deep Creek Bridge Project, subject to review and approval as to form
by County Counsel. Authorize the Chairman of the Board of Supervisors to sign
the Plans. Approve the advertisement for bids of the Road 182 Deep Creek
Bridge Project.
28.
Approve the submission of
funding applications to the Highway Safety Improvement Program for the
following projects: Avenue 146 Corridor Improvements in the amount of $410,000;
Avenue 328 Corridor Improvements in the amount of $1,716,800; and Avenue 232
Corridor Improvements in the amount of $1,245,400. Authorize the Assistant
Director–Public Works to sign the grant application.
29.
Authorize the Resource
Management Agency – Public Works to accept a $13,000 donation from the
Monson-Sultana Joint Union Elementary School District to offset the cost to
install safety appurtenances consisting of Rectangular Rapid Flashing Beacons
and update existing overhead crosswalk lights. Authorize Resource Management
Agency – Public Works to seek bids to install and update the safety
appurtenances on Avenue 416 near the intersection of Road 105. Approve the
necessary budget adjustments (4/5ths vote required).
30.
Accept the work for the
construction of John J. Doyle Elementary School Safe Routes to School Project.
Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of
the Board to have the Notice of Completion recorded with the County Recorder.
31.
Accept the work for the
construction of Traffic Signals at Avenue 295 and Road 156 and Avenue 296 and
Road 156 as complete by Lee’s Paving, Inc. of Visalia, California. Authorize
the Chairman to sign the Notice of Completion. Direct the Clerk of the Board
to have the Notice of Completion recorded with the County Recorder.
Sheriff/Coroner
32.
Ratify and approve an amendment
to Agreement No. 25307 with United States Forest Service to comply with the new
Federal Minimum Wage Requirement provision which must be $10.10 per hour
effective January 1, 2015. Find that the Board had authority to enter into the
proposed amendment of the agreement as of January 1, 2015, and that it was in
the County's best interest to enter into the agreement on that date.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
33.
Request from the County Administrative Office to
consider, modify as needed, and approve the responses to the 2014/2015 Tulare
County Grand Jury Final Reports regarding: Workplace Harassment and the
Employee Grievance Process; and Transparency – Open Meeting Law. Authorize the
Chairman to sign the Response Letters.
34.
Request from Health and Human Services Agency to approve
a Personnel Resolution to increase the position allocation for the
Administration Division by adding two (2) Office of Emergency Services Specialist
I positions and one (1) Office Assistant IV position.
35.
Request from Health and Human Services Agency to
introduce and waive the first reading of an Ordinance amending Chapter 7 of
Part IV of the Tulare County Ordinance Code pertaining to the Control of
Animals. Set the second reading for August 11, 2015.
36.
Request from Resource Management Agency to approve the
Business Opportunities Work Program, the Tourism Work Program, and the Film
Commission Work Program.
(Closed Session)
CLOSED SESSION
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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
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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
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Zone Change Amendment No. PZ 15-001, amendment
to Tulare County Zoning Ordinance No. 352, Woodville
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Deer Creek Storm Water District
v. Santokh S. Toor and Arpinder K. Toor, et al.
Tulare County Superior Court Case No. 260774
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Ordinance amending Chapter 7 of Part IV of the
Tulare County Ordinance Code pertaining to the Control of Animals; see Board of
Supervisors Agenda July 28, 2015
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Gonzalez, Gerardo vs. County of
Tulare; Mark Frick; Does 1-20
Tulare County Superior Court No. VCU260119
ITEM E
PUBLIC EMPLOYEE
PERFORMANCE EVALUATION
(Government Code Section 54957)
FOR THE POSITION OF: County Counsel
ITEM F
CONFERENCE WITH LABOR
NEGOTIATOR
(Government Code Section 54957.6)
Agency Designation Representative: Rhonda
Sjostrom, Jean M. Rousseau
Employees Organization: All certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees
