(Public Comment Period)
1.
Board of Supervisors matters.
2.
Public Comments.
3.
Presentation of the 2014 Tulare County Agricultural Crop and
Livestock Report.
(Consent Calendar)
CONSENT CALENDAR (Numbers 4 through 36)
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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 member or member of the public on any item, that item
will be removed from the Consent Agenda.
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Agricultural Commissioner/Sealer
4.
Approve $6,500 for projects
recommended by the County Fish and Wildlife Commission for Fiscal Year
2015/2016, and authorize the Agricultural Commissioner to approve disbursement
of funds for these projects upon adoption of the Fish and Wildlife Propagation
Program (Fund 011) budget for Fiscal Year 2015/2016. Adopt the Categorical
Exemption prepared pursuant to the provisions of the California Environmental
Quality Act (CEQA) for projects recommended by the County Fish and Wildlife
Commission. Authorize the Environmental Assessment Officer, or designee, to sign
and file the Notice of Exemption with the County Clerk.
5.
Approve an agreement with the
California Department of Pesticide Regulation that provides State subvention in
the amount of $87,883.84 to offset the cost of complying with their Enforcement
Evaluation and Improvement Program, retroactive to July 1, 2015 through
February 29, 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. Authorize the Chairman to sign Form
CCC-307 (Contractor Certification Clauses).
Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
6.
Approve capital asset purchase of
two (2) printers in the amount of $6,500 each for the Elections Division for
printing of Vote by Mail and Mail Precinct envelopes.
7.
Authorize the Tax Collector to
absorb the property tax payment e-check fee as a cost of doing business.
Board of Supervisors
8.
Appoint Nancy Hawkins, District 1,
Courtney Roche, Jr., District 2, and Carol Finney, District 3 to the Tulare
County Parks Advisory Committee for a term ending June 30, 2017.
9.
Appoint Aaron Gomes, District 4
and Karol Aure-Flynn, District 5 to the Tulare County Parks Advisory Committee
for a term ending June 30, 2019.
County Administrative Office/General
Services
10.
Reaffirm that the lack of water
supply for East Porterville declared by the Board of Supervisors on June 30,
2015 is a continuing emergency.
11.
Approve an agreement with the
State of California, Public Water System Drought Emergency Response Program in
the amount of $170,101 to extend the California Water Service water main to
homes on Avenue 322, accept and expend Drought Emergency Funds for the Project
subject to approval as to form by County Counsel. Authorize the Chairman to
sign three (3) signature pages and any amendments thereto for the Project.
Designate the County Administrative Officer or his designee to sign and submit
claims for reimbursement, certify that the project is complete and sign the
Final Release form. Resolve that the authority granted hereunder shall be
deemed retroactive. All acts authorized hereunder and performed prior to the
date of this Resolution are hereby ratified and affirmed. State is authorized
to rely upon this Resolution until written notice to the contrary, executed by
each of the undersigned, is received by State. State shall be entitled to act
in reliance upon the matters contained herein, notwithstanding anything to the
contrary contained in the formation or governance documents of the County of
Tulare or in any other document. Ratify, approve, and confirm any and all
actions, whether previously or subsequently taken, which are consistent with
the intent and purposes of the resolution.
12.
Approve an amendment to Agreement
Number 24992 with California Department of Water Resources to extend the
expiration date to August 31, 2016 and add Task 6 - Stakeholders Meetings and
Task 7 - Final Report to the amendment.
13.
Approve the capital asset purchase
of a Utility Tractor for the Parks and Recreation division in an amount not to
exceed $40,000.
14.
Approve payment of Residential
Relocation Replacement Housing Benefits for Dennis Rhea of up to $16,800.
Approve payment of fixed moving costs up to $3,365. Direct the Auditor to draw
one or more warrants in favor of Dennis Rhea or his designated assignee not to
exceed a total of $20,165.
15.
Determine that the failure of
three County wells located at the Bob Wiley Detention Facility and Mooney Grove
Park originally taken to the Board of Supervisors on June 2, 2015 is a
continuing emergency (4/5ths vote required). Ratify and approve an agreement
with Western Strata Exploration in the amount of $643,110.18 to construct a new
well and install a new pump for the Bob Wiley and Tulare County Sheriff’s
Office Agriculture Well replacement project retroactive to July 28, 2015. Find
that the Board had the authority to enter into the proposed contract as of July
28, 2015 and that it was in the County’s best interest to enter into the
contract on that date. Ratify the Chairman's signature on the agreement.
16.
Terminate Agreement Numbers 25706,
25707, 26296 and 26300. Approve an agreement for copier service with Stanton
Office Machines for a term of 60 Months for the period of August 11, 2015 to
August 11, 2020. Approve a Lease-Purchase agreement with US Bank effective
August 11, 2015 for a term of 60 months for the period of August 11, 2015 to
August 11, 2020.
17.
Approve sending a letter of
support for Assembly Bill 515 (Eggman) which would expand the existing tax
credit program related to the donation of food items to food banks located in
California.
18.
Approve sending a letter of
support for H.R. 2898, the Western Water and American Food Security Act of 2015
which would address water supply issues.
19.
Approve sending a letter of
support for many of the strategies included in H.R. 2647, the Resilient Federal
Forests Act of 2015 which would reform forest management efforts on federal
public lands.
20.
Adopt a resolution requesting
reauthorization of the Federal Payment In Lieu of Taxes program which provides
payments to counties and other local governments to offset losses in tax
revenues.
Health & Human Services Agency
21.
Adopt the Subvention Certificate
of Compliance and the Medi-Cal Certificate of Compliance for the California
Department of Veterans Affairs County Subvention Program for Fiscal Year
2015/2016.
22.
Approve sending a Letter of
Interest to sponsor the Drought Housing Relocation Assistance Program within
Tulare County.
23.
Waive the second reading and adopt
an ordinance amending Chapter 7 of Part IV of the Tulare County Ordinance Code
pertaining to the Control of Animals. Direct the Clerk of the Board to publish
the summary of the ordinance and post a full copy of the ordinance within 15
days after adoption as required by law.
Resource Management Agency
24.
Introduce and waive the first
reading of an Amendment to Ordinance No. 352, the Tulare County Zoning
Ordinance, for Change of Zone No. PZ 10-002 (Kennedy Meadows Restoration, LLC)
to change the zone on: (1) 58 acres from MR-217 (Mountain Residential – 5 acre
minimum) to CO (Commercial Recreation); and (2) 206 acres from MR-1742
(Mountain Residential – 40 acre minimum) to MR-435 (Mountain Residential – 10
acre minimum), in Kennedy Meadows. Set the Public Hearing for August 25, 2015
at 9:30 a.m. or shortly thereafter as can be heard.
25.
Introduce and waive the first
reading of an Amendment to Ordinance No. 352, the Tulare County Zoning
Ordinance, for Change of Zone No. PZ 13-007 (Marilu Bernadina Lopez-Saints and
Sinners Gentleman’s Club) to change the zone on a 16,117 sq. ft. parcel from
C-2 (General Commercial) to C-3 (Service Commercial), south of Lindsay. Set
the Public Hearing for August 25, 2015 at 9:30 a.m. or shortly thereafter as
can be heard.
26.
Approve an application submittal
to the State Water Resources Control Board for Clean-up and Abatement Account
Interim Emergency Drinking Water Drought Funds for $500,000 to alleviate
drought-related ground water problems currently affecting Monson, retroactive
to June 29, 2015. Certify that the County had the authority to submit the
application and that it was in the County’s best interest to submit the
application on that date. 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.
27.
Approve an application submittal
to the State Water Resources Control Board for Clean-up and Abatement Account
Interim Emergency Drinking Water Drought Funds for $500,000 to alleviate
drought-related well problems currently affecting the residents of East
Porterville, retroactive to June 30, 2015. Certify that the County had the
authority to submit the application and that it was in the County’s best
interest to submit the application on that date. 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.
28.
Authorize the filing of Notice of
Partial Non-Renewal for the following Land Conservation Contract as provided in
the Williamson Act. The request is for a parcel created by a land transfer to
the State of California: PNR 09-010 – Williamson Act Contract No. 2383, Ag
Preserve No. 153 located on east side of Hot Springs Drive, Section 03,
Township 24, Range 30, (State of California), 5 acres to be non-renewed.
29.
Authorize the filing of Notice of
Partial Non-Renewal for the following Land Conservation Contract as provided in
the Williamson Act. The request fulfills a condition resulting from the
approval of a lot line adjustment. PNR 15-008 – Williamson Act Contract No.
13557, Ag Preserve No. 3965 located on the southeast corner of Avenue 416 and
Road 44, approximately 1.76 miles west of Dinuba (Gerald and Kimberly Peters,
and G300 Farms, LLC.), (1.56 acres to be non-renewed as a condition of PLA
15-006), 77.13 acres in two parcels subject to the contract amendment. Approve
the execution of an amendment to the Land Conservation Contract as a condition
of approval for the aforementioned partial non-renewal. Authorize the Chairman
to sign the amendment to the Williamson Act Contract.
30.
FOR INFORMATION ONLY: Bid opening
results for the Asphalt Overlay Project for the following locations: Road 200
- Avenue 0 to Avenue 8; Road 184 - Avenue 136 to SR 190; D208B - Avenue 160 to
Road 208; Road 148 - Avenue 280 to Avenue 288; and Avenue 432 - SR 63 to Road
136.
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Bid
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Calculated Bid
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Contractor
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Papich
Construction
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$ 939,999.99
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$ 939,999.99
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Agee
Construction
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$ 1,069,000.00
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$ 1,069,000.00
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Lee's
Paving Inc.
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$ 1,295,644.95
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$ 1,295,644.95
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Engineers
Estimate
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$ 1,069,406.00
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$ 1,069,406.00
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Sheriff/Coroner
31.
Approve payment for Fiscal Year
2014/2015 purchase orders for capital assets approved in Fiscal Year 2014/2015,
however, will not be received until Fiscal Year 2015/2016.
32.
Ratify and approve a grant award
agreement with the Board of State and Community Corrections (BSCC) in the
amount of $223,114 for the Residential Substance Abuse Treatment (RSAT) grant
retroactive to July 1, 2015 through June 30, 2016. Find the Board had the
authority to enter into the proposed agreement as of July 1, 2015, and that it
was in the County’s best interest to enter the agreement on that date. Agree
that no funds from the Residential Substance Abuse Treatment and State
Prisoners Program will be used to supplant expenditures controlled by the
Board. Agree to provide all required matching funds for the grant project.
33.
Ratify and approve an online
submission of a grant application on July 17, 2015 from the California Division
of Boating and Waterways for Fiscal Year 2015/2016 funding in the amount of
$80,863 to purchase a patrol boat and an accompanying trailer for the Sheriff's
Lake Patrol Unit. Find that the Board had authority to submit an online grant
application on July 17, 2015, and that it was in the County's best interest to
submit the application on that date. Ratify the Chairman's signature on the
application.
34.
Approve amendments to Tulare
County Agreements 26220, 26221 and 26222 between the Sheriff’s Department and
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,
2015, through June 30, 2016 in the amount of $23,091 for each agreement. Find
that the Board had authority to enter into the proposed amendments as of July
1, 2015, and that it was in the County’s best interest to enter into the
amendments on that date.
35.
Approve an amendment to Agreement
No. 27087 with United States Department of Justice, Drug Enforcement
Administration, increasing the funding from $200,000 to $215,000 for cannabis
eradication and suppression.
Workforce Investment Board
36.
Appoint the following individuals
to the Workforce Investment Board of Tulare County, Board of Directors in the
noted categories: Steve Reid – Business – Hydrite Chemical Co; Sarah Koligian
– Title II Adult Education and Literacy - Tulare Joint Union High School
District; and David Pena – Labor - International Association of Sheet Metal,
Air, Rail, and Transportation Workers for terms ending June 30, 2017.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
37.
Request from Health and Human Services Agency to waive the
second reading and adopt an ordinance adding Chapter 29 to Part IV of the
Ordinance Code of Tulare County, pertaining to the Regulation of Electronic
Smoking Devices. Direct the Clerk of the Board to publish the ordinance
summary within 15 days after adoption as required by law.
38.
Receive a presentation regarding the projects completed in
Fiscal Year 2013/2014 and Fiscal Year 2014/2015 and the proposed Five Year
Capital Improvement Plan for Fiscal Year 2015/2016 through Fiscal Year
2019/2020. Approve the Five Year Capital Improvement Plan for Fiscal Year
2015/2016 through Fiscal Year 2019/2020.
39.
Request from the County Administrative Office to approve an
agreement with Zim Industries in the amount of $809,025 to construct a new well
for the East Porterville New Water Supply Well Emergency Project. 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.
(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 closed session will be
made in accordance with Government Code section 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
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 B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Adopt an ordinance adding Chapter 29 to Part
IV of the Ordinance Code of Tulare County, pertaining to the regulation of
Electronic Smoking Devices; see Board of Supervisors agenda for August 11, 2015
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 6
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: People v. Minervo Angon
Garcia,
Tulare County Superior Court Case No.
VCF306023
ITEM E
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Descriptions: 3448 Avenue 416,
Reedley, CA
Agency Negotiator: Jean Rousseau and Robert
Newby
Negotiating Parties: Humberto Delgado and
Sandra Delgado
Under Negotiation: Price and Terms of
Payment
ITEM F
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Descriptions: 41609 Road 52,
Reedley, CA
Agency Negotiator: Jean Rousseau and Robert
Newby
Negotiating Parties: Jeff and Laura
Warkentin
Under Negotiation: Price and Terms of
Payment
ITEM G
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Descriptions: 5300 W. Tulare,
Visalia, CA
Agency Negotiator: Jean Rousseau, Robert
Newby, and John Hess
Negotiating Parties: Weingart Foundation
Under Negotiation: Price and Terms of
Payment
ITEM H
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Becich, Helen vs. County of
Tulare; Sarah McKnight; and Does 1 to 10, inclusive, Tulare County Superior
Court Case No. VCU261664
ITEM I
THREAT TO PUBLIC
SERVICES OF FACILITIES:
(Government Code Section 54957)
Consultation with: Nick Barsetti,
Administrative Office of the Courts, Office Security
ITEM J
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM K
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM L
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM M
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM N
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
