MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY –  

Chairman

District Four

 

MIKE ENNIS – Vice Chairman

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

Interim 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

 

 

November 17, 2015

 

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.             Present Proclamation recognizing November 2015 as National Family Caregivers and In-Home Care Providers month in Tulare County.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from the Resource Management Agency to consider Vesting Tentative Tract Map No. TM 835 submitted by Self-Help Enterprises.  Affirm the October 13, 2015 decision made by the Board of Supervisors (Resolution No. 2015-855), approving a Categorical Exemption for Vesting Tentative Tract Map No. TM 835.  Affirm the recommendation of the Planning Commission and conditionally approve the proposed Vesting Tentative Tract Map N. TM 835 based on the findings set forth in Planning Commission Resolution No. 9141 of November 3, 2015.

5.            PUBLIC HEARING:  Request from the Resource Management Agency to approve an application for funding from the State Department of Housing and Community Development 2015 Community Development Block Grant. Approve submittal of the application for $2,000,000 in funding to be distributed as follows: a) General Program Administration, $139,535; b) Lateral Connections Program, $1,581,395; and c) Activity Delivery Costs, $279,070.  Determine that Citizen Participation requirements were met during the development of the application.  Adopt the local Participation Guidelines for the Lateral Connections Program.  Authorize and direct the Chairman of the Board to sign the completed application and accompanying documents on behalf of the County.  Authorize and direct the County Administrative Officer 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 Standard 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 designee, to sign funds requests and other program-supporting documentation.  Request the Auditor-Controller to issue warrants.  Direct the Clerk of the Board to provide a certified copy of the resolution. Approve the necessary budget adjustments (4/5ths vote required).

6.            PUBLIC HEARING:  Request from the Resource Management Agency to approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA Title 14 California Code Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that said amendment to the Ordinance Code of Tulare County will have a significant effect on the environment. Determine that the Categorical Exemption, consistent with the California Environmental Quality Act (CEQA Title 14 California Code Regulations, Section 15061(b)(3) general rule exemption, that was 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.  Adopt the findings of approval for the said amendment to the Ordinance Code of Tulare County; limitations pertaining to Diesel-Fueled Commercial Motor Vehicle Engine Idling, adding Chapter 4 to Part III of the Ordinance Code of Tulare County as set forth in the Planning Commission Resolution. Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk. Waive the final reading and adopt the amendment to the Ordinance Code of Tulare County for limitations pertaining to Diesel-Fueled Commercial Motor Vehicle Engine Idling. Direct the Clerk of the Board to publish the adopted Ordinance.

7.            PUBLIC HEARING:  Request from the Resource Management Agency to approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA Title 14 California Code Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that said amendment to the Ordinance Code of Tulare County will have a significant effect on the environment.  Determine that the Categorical Exemption consistent with the California Environmental Quality Act (CEQA Title 14 California Code Regulations, Section 15061(b)(3) general rule exemption, that was 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.  Adopt the findings of approval for the said amendment to the Ordinance Code of Tulare County for Solar Energy Requirements for Residential Subdivisions, adding Section 7-01-1470 to Article 1 of Chapter of Part VII of the Ordinance Code of Tulare County as set forth in the Planning Commission Resolution. Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk. Waive the final reading and adopt the amendment to the Ordinance Code of Tulare County. Direct the Clerk of the Board to publish the adopted Ordinance.

8.            PUBLIC HEARING:  Request from the Resource Management Agency to certify that the Board of Supervisors has reviewed and considered the information contained in the Initial Study/Negative Declaration is applicable to the General Plan Amendment for the Tulare County Housing Element Update and the SB244 - Disadvantaged Communities amendment to the Land Use Element.  Adopt the Initial Study/Negative Declaration, as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, for Housing Element Update and the SB244 – Disadvantaged Communities amendment to the Land Use Element.  Adopt one General Plan Amendment consisting of the following projects: A) Tulare County Housing Element (GPA 15-003); and B) Senate Bill 244 - Disadvantaged Communities (GPA 15-010).  Adopt the findings of approval set forth in Planning Commission Resolutions No. 9142 (CEQA), No. 9143 (SB 244 Disadvantaged Communities), No. 9144 (Housing Element), and No. 9145 (General Plan Amendment No. 2015-D). Adopt the entirety of the above findings and actions as one General Plan Amendment No. 2015-D; the Fourth General Plan Amendment of 2015.  Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file the Notice of Determination with the Tulare County Clerk.  Authorize the Director of the Resource Management Agency, or designee, to make appropriate technical revisions to the General Plan Amendment, Housing Element, SB 244 Disadvantaged Communities Assessment, and associated project documents.

(Consent Calendar)

CONSENT CALENDAR (Numbers 9 through 45)

 

 

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.

 

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

9.            Approve the Candidate Statement Regulations and Printing Fees for the June 7, 2016 Primary Election and the November 8, 2016 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 words for County Offices and 250 words for State Offices.

10.         Review and accept the Certified Statement of Vote for the November 3, 2015 Uniform District Election Law Election as submitted by the Registrar of Voters for those offices for which the Board of Supervisors is canvassing the returns of the election.

11.         Approve an agreement with Dominion Voting Systems, Inc. for hardware maintenance services in the amount of $166,980 for the period of January 1, 2016 through December 31, 2018.

12.         Approve an agreement with the Secretary of State for Federal Help America Vote Act (HAVA) funds of up to $19,600 to assist the County with polling place accessibility, retroactive to July 1, 2015 through June 30, 2016.  This agreement is retroactive because it was not received until after the start date.  Find that the Board of Supervisors has 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 into the agreement as of that date.  Authorize the Chairman to sign four (4) original agreements, subject to approval as to form by County Counsel.  Approve Secretary of State Form CCC 307, Contractor Certification Clauses.  Authorize the Chairman to sign four (4) originals of Secretary of State Form CCC 307.

13.         Approve an agreement with Autoagent Data Solutions, LLC for hosting and maintenance of tax processing and payments software.

Board of Supervisors

14.         Appointment in Lieu of Election for short-term ending December 8, 2017:

Tract 92 Community Services District                          

Larry Ray Land - Director                                              

 

15.         Appointments in Lieu of Election for terms ending December 6, 2019:

East Orosi Community Services District                       Ponderosa Community Services Disrict

Katie Icho - Director                                                       Dale Doty - Director

Carmen Moreno - Director                                              Paul Cohen - Director

                                                                                               

Poplar Community Services District                             Tract 92 Community Services District

Garry Maynard - Director                                                Wayne Stafford - Director

                                                                                    Charles Dean Doucette - Director

                                                                                               

Alta Irrigation District                                                   Hills Valley Irrigation District

Susan Halford - Director-Division 3                                Stanley H. Archer - Director

Norman Waldner - Director-Division 4                             Loren Booth - Director

Nancy Kalender - Director-Division 7                                         

                                                                                               

Strathmore Fire Protection                                           Exeter Memorial District

Adelaida Sanchez - Commissioner                                 Johnny Carr - Director-Veteran Seat

                                                                                    Leamon Smith - Director-Veteran Seat

                                                                                    Henry Simpson, Jr. - Director-Veteran Seat

                                                                                               

Lindsay-Strathmore Memorial District                          Woodlake Memorial District

William L. Harris - Director Seat 4-Non Veteran                Viola Faubel - Director Seat 3-Non-Veteran

Michael E. Stout - Director Seat 5-Veteran                      Kevin L. Russell - Director Seat 4-Non-Veteran

                                                                                    Bobby Lee Whited - Director Seat 5-Veteran

                                                                                               

Delta Vector Control District                                         Strathmore Public Utility District

Bette George - Member At-Large                                    Kathleen A. Lamb - Director-Division 3

                                                                                    Eric L. Rigsby – Director-Seat 2

                                                                                               

Woodville Public Utility District                                    Lewis Creek Water

Armando Lopez - Director-Seat 1                                   Clarence Hill - Director

Barbara Clark - Director-Seat 5                                       Leslie Kennard - Director

 

16.         Ratify the following proclamation honoring November 11, 2015 as Veterans' Day in Tulare County.

County Administrative Office/General Services

17.         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).

18.         Approve an amendment to Lease Agreement No. 778 with the Hicks Family Limited Partnership for the real property described as the Blue Ridge Communication site located north of Springville, CA, to extend the term of the lease for 25 years and increase the lease rate to $1,084 per month.

19.         Approve an agreement for Purchase of Fee Title and a Temporary Construction Easement from Michael Penner for the Avenue 416 Road Widening Project in the amount of $41,779.  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 $43,299 in favor of First American Title Company or the County’s designated Title Company.

County Counsel/Risk Management

20.         Authorize the County to participate in the Extended Medical Malpractice Program and sign the Medical Malpractice Program Extended Participation Agreement.

Fire Department

21.         Authorize the submission of a grant application to the Firefighters Support Foundation, Inc. to purchase emergency fire and personnel protective equipment in the amount of $10,000.  Authorize the Fire Chief, or designee, to sign and submit the online grant application.

Health & Human Services Agency

22.         Reaffirm the Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.

23.         Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

24.         Approve an amendment to Agreement No. 27218 with ExMed, Inc. to update Exhibits A and B for the provision of adult, adolescent, and child psychiatric services in Tulare County Mental Health Clinics in an amount not to exceed $700,000, retroactive to October 1, 2015 through June 30, 2016.  Find that the Board had authority to approve the amendment as of October 1, 2015, and that it was in the County’s best interest to approve the amendment as of that date.

25.         Approve an amendment to Agreement No. 25985 with Decade Software Company, LLC. to change the name to Accela, Inc. for the license and support fees for Envision and Envision Connect software products, retroactive to June 29, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed amendment as of June 29, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

26.         Approve an agreement with BHC Sierra Vista Hospital to provide short term, inpatient psychiatric services in an amount not to exceed $150,000, 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.

27.         Approve an agreement with the California Department of Public Health for Building Resilience Against Climate Effects (BRACE) funds in an amount not to exceed $9,990, retroactive to July 1, 2015 through May 31, 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.  Approve the necessary budget adjustments (4/5ths vote required).

28.         Approve the annual Certification Statements for California Children’s Services, Child Health and Disability Prevention Program, and Healthcare Program for Children in Foster Care for Fiscal Year 2015/2016, retroactive to July 1, 2015.  Find that the Board had authority to approve the annual Certification Statements as of July 1, 2015, and that it was in the County’s best interest to approve the statements on that date.

29.         Authorize the Tulare County Health and Human Services Agency’s Human Services Branch Director to accept the 2015/2016 Housing Support Program allocation for homeless assistance in the amount of $399,000 from the State of California.  Approve an agreement with Community Services and Employment Training for administration of the Housing Support Program from November 17, 2015 through June 30, 2016 in an amount not to exceed $399,000.

30.         Approve the closure of Tulare County Animal Services to the public on November 28, 2015, December 26, 2015, and January 2, 2016. Direct staff to post notices of these closures at the shelter and on the Animal Services website. Approve a reduction in adoption fees on November 25, 2015, December 19, 2015, and December 23, 2015 in an effort to increase the number of animals adopted prior to the end of the year.

Probation

31.         Approve a Memorandum of Understanding with the City of Visalia for participation in the “Avoid the 18” Tulare and Kings County Driving Under the Influence Taskforce, retroactive to October 1, 2015 through September 30, 2016.  Find that the Board had authority to enter into the proposed memorandum of understanding as of October 1, 2015 and that it was in the County’s best interest to enter into the memorandum of understanding on that date.

Resource Management Agency

32.         Authorize the capital asset purchase of a Steel Wheel Roller for the Resource Management Agency, Public Works Branch - Operations Division in the amount of $168,778.  Approve the necessary budget adjustments (4/5ths vote required).

33.         Approve the Streambed Alteration Agreement with the California Department of Fish and Wildlife for the Avenue 416 Roadway Widening Project. Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

34.         Approve Program Supplement No. N089 with the California Department of Transportation in the amount of $85,000 for the preliminary engineering phase for the D112 over North Branch Tule River Bridge Project.

35.         Approve Program Supplement No. N94 to Administering Agency-State Agreement for Federal-Aid Project No.00120S for the preparation of a Countywide Safe Routes to School Plan in the amount of $110,000. 

36.         Find that the bid submitted by JT2 Inc. d.b.a. Todd Companies of Visalia, California is non-responsive and rejected.  Approve and award the contract to the lowest responsive and responsible bidder, Hobbs Construction, Inc. of Fresno, California in the amount of $222,377.50 for construction of Terra Bella Sidewalk Improvement 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 $22,238 (10%) to cover unexpected construction conditions.

37.         Approve and award the contract to the lowest responsive and responsible bidder, MAC General Engineering, Inc. of Porterville, California in the amount of $198,824.85 for construction of Tooleville Sidewalk Improvement 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 $19,882 (10%) to cover unexpected construction conditions.

38.         Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (General Rule Exemption per Section 15061(b)(3)) and Section 15300.4, Application by Public Agencies, for the Various (Stop Controlled) Intersections Safety Improvement Project.  Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk.  Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the Various (Stop Controlled) Intersections Safety Improvements Project. Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids of the Various (Stop Controlled) Intersections Safety Improvement Project.

39.         Approve a Categorical Exemption for the Doeville Farm Agricultural Conservation Easement in compliance with the California Environment Quality Act (CEQA) and the State CEQA Guidelines (namely, 14 Cal. Code Regs. Sections 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), and 15325 (Transfer of Ownership on Interest in Land to Preserve Existing Natural Conditions).  Adopt Findings contained in Exhibit “A” attached to the Resolution approving the Agricultural Easement for the Doeville Farm.  Support the filing of an application for funding from the California Farmland Conservancy Program for purchase of an Agricultural Conservation Easement on the Doeville Farm parcel by the Sequoia Riverlands Trust and support the continued agricultural use of the Doeville Farm parcel in compliance with federal, State and local laws and ordinances.  Direct the Environmental Assessment Officer, or designee, of the Tulare County Resource Management Agency to file the Categorical Exemption with the Tulare County Clerk.  Direct the Tulare County Resource Management Agency to take all necessary and proper actions to implement the decision of the Board.

40.         Authorize the filing of Notices of Partial Non-Renewal for the following two (2) Land Conservation Contracts as provided in the Williamson Act. One notice was applicant-initiated. One request fulfills conditions resulting from the approval of a Tentative Parcel Map. Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial Non-Renewals.  PNR 15-019 – Williamson Act Contract No. 6605, Agricultural Preserve No. 0187, located on the southwest corner of Demaree and Riggin Avenue, north of Visalia (Donald A. Joseph) (8.72 acres to be non-renewed, applicant initiated). PNR 15-022 – Williamson Act Contract No. 12902, Agricultural Preserve No. 3896,  located on the southeast corner of Avenue 400 and Road 48, southwest of Dinuba (Tom & Karen Marshall 2013 Trust) (2.34 acres to be non-renewed and 39 acres subject to contract amendment as a condition of PPM 15-020).  Approve the execution of an amendment to one additional Land Conservation Contract as required by conditions of approval for the following projects.  PLA 15-013 – Williamson Act Contract No. 15321, Agricultural Preserve No. 4168, located on the north side of D-11/Myer Drive, east of Road 204/Spruce Road, east of Exeter (Carrie Sue Gill and Irene Santellan, Trustee of the 2012 R.S. Trust) 462.17 acres subject to contract amendment.

41.         Introduce and waive the first reading of an Amendment to the Ordinance Code of Tulare County Establishing a Temporary Water Conservation Program for the Seville Zone of Benefit in County Service Area No. 1.  Approve the Ordinance Summary and direct the Clerk of the Board to publish such Summary and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date (December 8, 2015), as required by Section 25124 et. seq. Set the Public Hearing for December 8, 2015 at 9:30 a.m. or as shortly thereafter as can be heard.

Sheriff/Coroner

42.         Approve the capital asset purchase of five (5) dual-band radios in an amount not to exceed $29,000.  Authorize the necessary budget adjustments (4/5ths vote required).

Solid Waste

43.         Approve an amendment to Agreement No. 26942 with ARCADIS U.S., Inc. increasing the amount to $1,153,100 and increasing the term an additional eighteen months to June 30, 2017 for environmental consulting services at the Visalia landfill.

44.         Approve the Plans, Special Provisions, Technical Specifications, Proposal Contract and Construction Quality Assurance Plan (Construction Documents) for the construction of the Final Closure for Waste Management Unit 1, Visalia Landfill.  Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids for the Final Closure for Waste Management Unit 1, Visalia Landfill.  Set the bid opening date for December 23, 2015.

Workforce Investment Board

45.         Approve the budget adjustments resulting from the agreement with the Fresno Regional Workforce Investment Board to provide pre-apprenticeship training services to a select group of veterans in Tulare County (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

46.         Presentation given by Information & Technology regarding the 2016 Central Valley Technology Expo and Conference.  Authorize the County to sponsor the 2016 Central Valley Technology Expo and Conference for all Tulare County employees.  Authorize invitations for outside attendees, not limited to; valley city governments, valley county governments, valley education institutions, and valley businesses.  Authorize employees who are working during the event’s hours to attend on county time, subject to coordination and approval of their department to assure that services continue to be provided.  Authorize Tulare County Information & Communications Technology to offer registered vendors different pricing options set by the venue for booth space and additional charges set by the applicable service provider for additional services needed by the registered vendors.  Authorize Tulare County Information & Communications Technology to expend no more than $5,000, in the event registration charges do not cover the cost of the event.

47.         Request from the County Administrative Office to approve one of the following options regarding Onsite Wastewater Treatment System Policy:

Option 1:  Adopt the statewide Tier 1 standards and assume local agency requirements and responsibilities as outlined in the Onsite Wastewater Treatment Systems Policy.

 

Option 2:

(a)      Instruct staff to develop a Local Area Management Program (LAMP) under Tier 2 and submit to the Central Valley Regional Water Quality Control Board for approval, while also assuming local agency requirements and responsibilities; and

(b)       Approve sending a letter of commitment to develop a Local Agency Management Program for Onsite Wastewater Treatment Systems to the Central Valley Regional Water Quality Control Board.

 

48.         Request from the 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.

49.         Presentation given by Health and Human Services Agency to approve the form letter for rental property homeowners outlining Tulare County’s Rental Property Household Tank Program.  Direct Health and Human Services Agency & Office of Emergency Services staff to mail the form letter to drought-impacted landlords regarding the Rental Property Tank Program’s availability.

50.         Request from Resource Management Agency to approve an amendment to Agreement No. 26274 with the California High Speed Rail Authority extending the contract term by two years, amending the contract expiration date from December 31, 2015 to December 31, 2017.  Approve the Cooperative Agreement with the California High Speed Rail Authority which establishes contractual terms and conditions regarding the relocation of Tulare County facilities in relation to the California High Speed Rail Project.  Approve Utility Agreement #1 with the California High Speed Rail Authority which identifies a value of approximately $12,641,900 in improvements to be performed by the California High Speed Rail Authoirty's Contractor Tulare County facilities related to the California High Speed Rail Project.  Approve Sub-Utility Agreements 1.01 through 1.09, which (1) provides up to $157,250 in funding for design review by County Staff of roadway improbements to be performed by the California High Speed Rail Authority's contractor to Tulare County facilities, and (2) details facility work described in Utility Agreement #1, valued at approximatley $12,641,900, related to the California High Speed Rail Project. Authorize the Chairman to sign the agreements, subject to review and approval as to form by County Counsel.

 (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 closed session will be made in accordance with Government Code section 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

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Vesting Tentative Tract Map No: TM 835 submitted by Self-Help Enterprises; see public agenda item

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

State Department of Housing and Community Development 2015 Community Development Block Grant; see public agenda item

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Limitations pertaining to Diesel-Fueled Commercial Motor Vehicle Engine Idling; see public agenda

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Amendment to the Ordinance Code of Tulare County for Solar Energy Requirements for Residential Subdivisions; see public agenda

 

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Housing Element Update; see public agenda item

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Construction of Terra Bella Sidewalk Improvement Project; see public agenda

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Descriptions:  41609 Road 52, Reedley, CA 93654

Agency Negotiator:  Michael C. Spata and Robert Newby

Negotiating Parties:  Jeffrey and Laura Warkentin

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:  City of Exeter vs. County of Tulare, and Does 1-10, Tulare County Superior Court Case No. 262516

ITEM I

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case:  Prison Legal News v. County of Tulare, et al. United States District Court, Eastern District, Case No: 1:15-CV-01650-SAB

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Case name unspecified to protect existing settlement negotiations

ITEM K

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case:  Guadalupe Medrano v. County of Tulare WCAB No.: ADJ2192972

ITEM L

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case:  Walter Paskwietz v. County of Tulare WCAB No.: ADJ8328698

ITEM M

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case:  Edgar Villalobos v. County of Tulare WCAB No. ADJ8878144 /CT-11-020152

ITEM N

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case:  Ker Xiong v. County of Tulare WCAB No.:  FRE0225087

ITEM O

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case: 

1. SEIU Local 521 v. County of Tulare, Public Employee Relations Board (PERB) Case No. SA-CE-894-M (PERB 7) 

2. County of Tulare v. SEIU Local 521, Public Employee Relations Board (PERB) UPC No. SA-CO-120-M (PERB 5)  (consolidated cases)

ITEM P

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

(Government Code Section 54957)

FOR THE POSITION OF:  County Administrative Officer

ITEM Q

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

[Government Code Section 54956.9(d)(4)]

Number of Potential Cases: 5

ITEM R

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Michael Spata

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees