(Public Comment Period)
1.
Board of Supervisors matters.
2.
Request from Health and Human Services Agency to adopt a
Resolution proclaiming the week of October 23-31, 2015 as "Red Ribbon
Week" in Tulare County.
3.
Present Proclamation designating October 18-24, 2015 as
National Save for Retirement Week. Support the goals and ideals of National
Save for Retirement Week, including raising public awareness about the
importance of adequate retirement savings and the availability of retirement
plans.
4.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
5.
PUBLIC HEARING: Request from Resource Management Agency
for Change of Zone No. PZ 15-019, from the A-1 (Agriculture) Zone to R-3
(Multiple Family Residential) Zone on the western 29-acre portion of the 38.4
acre parcel identified as Assessor Parcel Number (APN) 075-170-030, located on
the southwest corner of Avenue 312 (Riggin Ave) and Road 76, within the Goshen
Urban Development Boundary, to facilitate construction of an affordable housing
project by Self-Help Enterprises. Certify that the Board has reviewed and
considered that the information contained in the Categorical Exemption pursuant
to Title 14 California Code Regulations, Section 15061 (General Rule Exemption)
and Section 15332 (Infill Development) 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 15601 (General Rule) and Section 15332
(Infill Development) 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,
or designee, of the Tulare Resource Management Agency to file a Notice of
Exemption with the Tulare County Clerk. Adopt the findings of approval for
Change of Zone No. PZ 15-019, as set forth in the Planning Commission
Resolution of September 23, 2015. Waive the final reading and adopt the
amendment to Ordinance No. 352, the Tulare County Zoning Ordinance. Direct the
Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.
(Consent Calendar)
CONSENT CALENDAR (Numbers 6 through 19)
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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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Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
6.
Select the percentage change in
California per capita personal income, which is 3.82%, as the cost-of-living
factor for the Gann Appropriations Limit calculation for Fiscal Year 2015/2016.
Board of Supervisors
7.
Ratify the following
proclamations: recognizing October 2015 as Italian Heritage Month; and
recognizing the 2015 Tour Against Trafficking Awareness event in Visalia.
8.
Appoint Juan Urive, Director to
the Teviston Community Services District for a term ending December 2, 2016.
County Administrative Office/General
Services
9.
Approve an agreement for
Purchase of Fee Title and a Temporary Construction Easement from Robert D.
Reimer and Karen A. Reimer, Trustees of the Robert D. Reimer Family Trust,
dated August 7, 2008, for the Avenue 416 Road Widening Project in the amount of
$104,720. Authorize County Counsel to sign the Grant Deed and Temporary
Construction Easement acceptances upon presentation. Authorize the Property
Manager or designee to open an escrow and sign all documents to facilitate the
escrow for this acquisition. Direct the Auditor to draw a warrant in the
amount of $106,720 in favor of First American Title Company or the County’s
designated Title Company.
10.
Authorize FleetMatics USA, LLC
to be the primary provider of Global Positioning System (GPS) database services
for Tulare County vehicles. Approve an agreement with FleetMatics USA, LLC in
the amount of $121,721.76 for Global Positioning System services, retroactive
to May 12, 2015 through May 11, 2016, subject to review and approval as to form
by County Counsel. Find that the Board had authority to enter into an agreement
with FleetMatics USA, LLC as of May 12, 2015, and that it was in the County’s
best interest to enter into the agreement on that date.
11.
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).
12.
Approve an agreement with
Superior Court of California, County of Tulare to provide for County use of
Journal Technologies (case management system) licenses in the amount of
$240,254.32, retroactive to September 6, 2015 through September 7, 2016. Find
that the Board had authority to enter into the proposed agreement as of
September 6, 2015, and that it was in the County’s best interest to enter into
the agreement on that date.
Information & Communications
Technology
13.
Authorize an $889 budget
adjustment to cover an unanticipated price increase for the purchase of a
$17,377 plotter/scanner to be utilized with the Resource Management Agency's
Permits and Land Management System. Approve the necessary budget adjustments
(4/5ths vote required).
Resource Management Agency
14.
Approve the updated Bylaws of
the Agricultural Policy Advisory Committee that reflects the change of location
of the meetings found in Section III(B).
15.
Authorize the submittal of a
segmented phase of the Earlimart Safe Routes Community Project for the local
Active Transportation Program competition, reducing the scope of the project
from $1,190,900 to $525,000. Authorize the Resource Management Agency
Director, or designee, to request $250,000 in funding for the project from the
County’s share of Measure R Bike and Pedestrian funding. Authorize $116,000
from the County Road Fund to be distributed to cover the remainder of this
project cost. Authorize and direct the Resource Management Agency Director, or
designee, to act on the County's behalf in all matters pertaining to these
applications. Authorize and direct the Resource Management Agency Director, or
designee, to submit fund requests and other program-supporting documentation.
16.
Authorize the filing of Notice
of Partial Non-Renewal for the following four (4) Land Conservation Contracts
as provided in the Williamson Act. The request fulfills conditions resulting
from three (3) Lot Line Adjustment maps and one (1) Tentative Parcel Map
projects: Approve the execution of amendments to the Land Conservation
Contracts as condition of approval for the aforementioned Partial Non-Renewals.
Authorize the Chairman to sign the amendments to the Williamson Act Contracts.
PNR 15-016 – Williamson Act
Contract No. 2325, Ag Preserve No. 79, located
at 31897 Fritz Drive, on the southwest side of Fritz Drive, north of Exeter
(3.05 acres to be Non-Renewed as a condition of PLA 15-015) (277.4 acres
are subject to contract amendment).
PNR 15-017 – Williamson Act
Contract No.13642, Ag Preserve No. 3958, located on the northwest corner of
Road 96 and Avenue 416, east of Dinuba (1.66 acres to be Non-Renewed as a
condition of PLA 15-014) (37.59 acres are subject to contract amendment).
PNR 15-018 – Williamson Act
Contract No. 04654, Ag Preserve No. 1375, located on the southeast corner of
Road 200 and Avenue 184, southeast of Strathmore (2.0 acres to be Non-Renewed
as a condition of PLA 15-022) (37.45 acres are subject to contract amendment).
PNR 15-021 – Williamson Act
Contract No. 10751, Ag Preserve No. 3724, located on the west side of Road 116,
between Avenue 408 and Avenue 416 alignment, west of Cutler-Orosi (1.45 acres
to be Non-Renewed as a condition of PPM 15-019) (18.25 acres are subject to contract
amendment).
17.
Authorize the filing of Notices
of Partial Non-Renewal for the following two (2) Land Conservation Contracts as
provided in the Williamson Act. The requests fulfill conditions resulting from
the approval of two Tentative Parcel Maps. Approve the execution of amendments
to the Land Conservation Contracts as conditions of approval for the
aforementioned Partial Non-Renewals. Authorize the Chairman to sign the
amendments to the Williamson Act Contracts.
PNR 15-010 – Williamson Act
Contract No. 11232, Ag Preserve No. 3749, located on the east side of
Road 52, ˝ mile south of Avenue 216, west of Tulare (Stephen William Wilbur and
Rhonda Lynn Wilbur Revocable Trust) (2.77 acres to be non-renewed and 104±
acres subject to contract amendment as a condition of PPM 15-017).
PNR 15-015 – Williamson Act
Contract No. 4985, Ag Preserve No. 1668, located on the south side of Avenue 410, approximately 1/4 mile west of
the intersection of Avenue 410 and Road 48, west of Dinuba (Family Bypass Trust under Neufeld Family Trust
(Nancy Elaine Neufeld), Hiett Family Trust (Marlin Hiett)) (2.0 acres to
be non-renewed and 37.94 acres subject to contract amendment as a condition of
PPM 15-018).
18.
FOR INFORMATION ONLY: Bid
opening for Road 182 Bridge Over Deep Creek.
|
Contractor
|
Amount
|
|
Agee
Construction Corporation
|
$1,261,834.60
|
|
American
Paving Co.
|
$1,292,593.10
|
|
Emmett's
Evcavation, Inc.
|
$1,327,552.50
|
|
Myers
& Sons Construction, LP
|
$1,396,072.90
|
|
D-M
Construction, Inc.
|
$1,397,456.67
|
|
RNR
Construction, Inc.
|
$1,514,532.00
|
|
MCM
Construction, Inc.
|
$1,774,381.20
|
|
Lee's
Paving, Inc.
|
$1,862,772.80
|
|
Engineer's Estimate
|
$1,486,055.00
|
19.
FOR INFORMATION ONLY: Bid
opening for Terra Bella School Safety Improvements.
|
Contractor
|
Amount
|
|
JT2
Inc. DBA Todd Companies
|
$200,718.00
|
|
Hobbs
Construction Inc.
|
$222,727.50
|
|
American
Paving Co.
|
$229,344.50
|
|
MAC
General Engineering, Inc.
|
$236,636.88
|
|
Lee's
Paving, Inc.
|
$241,424.70
|
|
Clean
Cut Landscape
|
$242,995.50
|
|
DOD
Construction
|
$243,190.00
|
|
Dawson-Mauldin
Construction, Inc.
|
$252,001.09
|
|
Engineers Estimate
|
$274,240.00
|
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
20.
Request from Resource Management Agency to adopt the
following General Plan 2030 Update Implementation Consultation Policies and
Protocols: a) Establishing a process for use in the review of development
projects requiring County of Tulare Discretionary Land Use Entitlements to
identify any impacts on potential groundwater recharge areas; b) Establishing a
policy for use in the review of development projects to be located in
particular flood prone areas and requiring County of Tulare Discretionary Land
Use Entitlements; c) Establishing a recommendation to the Tulare County Flood
Control Commission regarding adoption of a public notice policy to allow
increased public participation in its process to select proposed flood control
projects for referral to the Board of Supervisors; d) Establishing a
policy for use in the review of private development projects subject to the San
Joaquin Valley Air Pollution Control District's Indirect Source Rule and
requiring County of Tulare Discretionary Land Use Entitlements; and e)
Establishing protocols for enhanced public participation in a "New
Town" Land Use Review.
21.
Request from County Administrative Office to approve the
Joint Powers Agreement between Fresno, Kings, Madera, Merced, and Tulare
counties creating the San Joaquin Valley Water Infrastructure Authority.
22.
Request from Health and Human Services to provide
guidance to staff on use of the County’s Household Tank Program to assist
rental property owners. Provide guidance to staff on the use of Code
Enforcement authorities in response to the ongoing drought.
(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 - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: City of Exeter vs. County of
Tulare
Tulare County Superior Court Case No. 262516
ITEM B
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Change of Zone No: PZ 15-019; see related open
session public hearing agenda item
ITEM C
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
[Government Code Section 54956.9(d)(4)]
Number of Potential Cases: 5
ITEM D
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Descriptions: 4820 Ave. 416, Reedley,
CA 93654
Agency Negotiator: Jean Rousseau, John Hess,
and Heather Franklin
Negotiating Parties: Michael and Linda Penner
Under Negotiation: Price and Terms of Payment
ITEM E
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT
(Government Code Section 54957)
FOR THE POSITION OF: County Administrative
Officer
ITEM F
CONFERENCE WITH LABOR
NEGOTIATOR
(Government Code Section 54957.6)
Agency Designated Representative: Rhonda
Sjostrom, Jean M. Rousseau
Employee Organization: All Certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees
