(Public Comment Period)
1.
Board of Supervisors matters.
2.
Present Proclamation honoring Walmart Distribution Center in
Porterville as the California Disability Services Association 2015 Excellence
in Employment Employer of the Year.
3.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
4.
PUBLIC HEARING: Request from the Resource Management Agency
to consider 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 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 this Ordinance will have a significant effect on the
environment and 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.
Establish penalties for noncompliance, and authorize the Tulare County Resource
Management Agency’s code enforcement personnel or members of the Tulare County
Sheriff’s Department or any other County agency designated by the Tulare County
Administrator to issue citations as necessary; by a fine of Twenty-Five Dollars
($25.00) for the first violation, Fifty Dollars ($50.00) for the second violation
and One Hundred Dollars ($100) for the third and each subsequent violation.
Adopt findings contained in Exhibit “A” attached to the Resolution; Limitations
Pertaining to Outdoor Watering in the Community of Seville. Direct the
Environmental Assessment Officer, or designee, of the Tulare Resource
Management Agency to file a Notice of Exemption 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 approved summary of the
ordinance and to post a certified copy of the complete ordinance with the names
of the Supervisors voting for and against the ordinance within 15 days of
adoption.
(Consent Calendar)
CONSENT CALENDAR (Numbers # through #)
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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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Board of Supervisors
5.
Ratify Proclamation honoring
William Seth Huffaker for earning the rank of Eagle Scout.
6.
Reappoint Shay Moore, Hospitals
and Stephen Harrell, Member - At-Large to the Independent Ambulance Compliance
Committee for terms ending December 31, 2017.
7.
Reappoint Betty Morehead, District
2 - Member and Elaine Gilden, District 3 - Member to the Library Advisory Board
for terms ending December 31, 2019.
8.
Reappoint Wayne Millies, At-Large
Member to the Tulare County Planning Commission for a term ending December 31,
2019.
9.
Reappoint George J. Ouzounian,
Trustee and Geneva Philpot, Trustee to the Visalia Public Cemetery District for
terms ending January 6, 2020.
10.
Reappoint Stanley Bennett, Public
Member to the Tulare County Treasury Oversight Committee for a term ending
December 17, 2018.
11.
Reappoint Jim Young, Member 6 and
Wayne Ross, Member 4 to the Employees' Retirement Board for terms ending
December 31, 2018.
12.
Reappoint Doug Silvera, Member No.
1 - Aviation to the Airport Land Use Commission for a term ending December 31,
2019.
13.
Reappoint Donald Marshall, Trustee
to the Delano Mosquito Abatement District for a term ending January 2, 2020.
14.
Reappoint Phillip G. Larson,
Trustee and Dolores R. Garcia, Trustee to the Porterville Public Cemetery
District for terms ending January 4, 2020.
15.
Reappoint Stan Creelman, Trustee
to the Tulare Mosquito Abatement District for a term ending December 31, 2017.
16.
Reappoint Sophia Almanza, District
4, and Dave Kehler, District 5 to the Defined Contribution Committee for a term
ending November 30, 2019.
17.
Appoint Faythe Arredondo, District
4 - Seat 1 to the Youth Commission for a term ending June 30, 2018.
County Administrative Office/General
Services
18.
Ratify actions by the County
Administrative Officer during the months of October and November 2015. Find
that the activities funded pursuant to the good works funding agreements are
necessary to meet the social needs of the residents of Tulare County.
19.
Approve a Revocable License for
Use of Real Property between the County of Tulare and the Superior Court of
California, County of Tulare for the use of space in the Visalia Courthouse,
retroactive to December 1, 2015 through June 30, 2018. Find that the Board to
enter into the proposed license agreement as of December 1, 2015, and that it
was in the County’s best interest to enter into the license agreement on that
date.
20.
Approve an application to the
California Department of Water Resources to obtain a Counties with Stressed
Basins Grant for $500,000 under the Sustainable Groundwater Planning Grant
Program pursuant to the Water Quality, Supply, and Infrastructure Improvement
Act of 2014 (Proposition 1) (Water Code Section 79700 et seq.). Approve and
enter into an agreement to receive a grant for the: Tulare County SGMA Planning
Proposal. Authorize and direct the Chairman of the Board of Supervisors to
sign and execute a grant agreement with the Department of Water Resources.
Authorize and direct the County Administrative Officer, or designee, to prepare
the necessary data, conduct investigations, file such application, and act on
the County’s behalf in all matters pertaining to this application.
21.
Reaffirm the lack of water supply
for East Porterville declared by the Board of Supervisors on June 30, 2015 is a
continuing emergency.
22.
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).
23.
Approve and authorize the capital
asset purchase of a 3400 XL Diesel Bobcat utility vehicle in an amount not to exceed
$17,000. Approve the necessary budget adjustment (4/5ths vote required).
24.
Approve and authorize Union Bank
Account Number 7020024253 for drop/night deposit of funds collected by Parks
employees.
25.
Approve the bid documents for the
London Library Project. Authorize the advertisement of bids for the subject
project. Set the bid opening for the project at 2:00 p.m. on Monday, January
18, 2016.
26.
Accept the Bob Wiley Detention
Facility Housing Unit #1 Roofing Project as a completed project. Approve an
amendment to Agreement No. 27250 with Fryer Roofing, Inc. to increase the
contract amount by $1,000. Authorize the Chairman of the Board of Supervisors
to sign the Notice of Completion and Agreement Amendment, subject to review and
approval as to form by County Counsel. Direct the Clerk of the Board of Supervisors
to record the Notice of Completion for the Project with the office of the
Tulare County Recorder.
27.
Approve an agreement with
FleetMatics USA, LLC in the amount of $121,721.76 for vehicle monitoring
services, retroactive to May 12, 2015 through May 11, 2016. 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.
28.
Appoint Supervisor Steven Worthley
as representative to the Board of Directors for the San Joaquin Valley Water
Infrastructure Authority and appoint Allen Ishida as alternate representative
to the Board of Directors for the San Joaquin Valley Water Infrastructure
Authority.
County Counsel/Risk Management
29.
Authorize the County to
participate in the Extended Medical Malpractice Program and approve the Medical
Malpractice Program Extended Participation Agreement, retroactive to October 1,
2015 through October 1, 2017. Find that the Board had authority to enter into
the proposed agreement as of October 1, 2015, and that it was in the County’s
best interest to enter into the agreement on that date. Find that the Risk
Manager, as the member representative to the California State Association of
Counties – Excess Insurance Authority (CSAC-EIA), has the authority to review
and approve insurance program participation agreements from CSAC-EIA under
Resolution 2013-0411.
District Attorney
30.
Ratify and approve an amendment to
Agreement No. 27090 with the California Governor’s Office of Emergency Services
to accept additional grant funding in the amount of $124,719 for the
Victim/Witness Assistance Program, 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. Ratify and approve the Chairman’s signature on the
Grant Subaward Amendment to Agreement No. 27090. Approve the necessary budget
adjustments (4/5ths vote required).
31.
Ratify and approve an amendment to
Agreement No. 27163 with the California Governor’s Office of Emergency Services
to accept additional grant funding in the amount of $7,505 for the Violence
Against Women Act Vertical Prosecution Program, 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. Ratify and approve the
Chairman’s signature on the Grant Sub-award Amendment to Agreement No. 27163.
Approve the necessary budget adjustments (4/5ths vote required).
Health & Human Services Agency
32.
Approve the State Contractor Certification
Clause and the Federal Contractor Certification forms with the California
Department of Education, Nutrition Services Division that will allow Tulare
County Health & Human Services Agency to receive the contract for the 2016
Summer Food Service Program.
33.
Adopt the amendment to the By-Laws
of the Health Advisory Committee.
34.
Approve a capital asset purchase
of a vehicle, not to exceed $25,000. Authorize the necessary budget adjustments
per the attached AUD 308 (4/5ths vote required).
35.
Approve the Tulare County Child
Care Planning and Development Council Annual Certification Statement regarding
composition of the Local Planning Council for 2016.
36.
Approve the acceptance of funds
from the Governor's Office of Emergency Services for the Fiscal Year 2015 State
Homeland Security Grant Program (HSGP) in the amount of $542,933, retroactive
to September 1, 2015 through May 31, 2018. Find that the Board had authority to
accept the grant funds as of September 1, 2015 and that it was in the County's best
interest to accept the funding on that date. Accept funds from the Tulare
County Office of Emergency Services on behalf of Tulare County Fire, Tulare
County Sheriff-Coroner's Office, and the Public Health Emergency Preparedness
Program. Approve a capital asset purchase of an electronic augmented reality
mapping system for the Sheriff's aircraft not to exceed $160,000 upon Board
approval of the acceptance from the Governor's Office of Emergency Services
(Cal OES) and approval of the budget adjustment for the Sheriff's Department.
Approve the necessary budget adjustments for Tulare County Fire, Tulare County
Sheriff-Coroner's Office, and Public Health Emergency Preparedness per the
attached AUD 308 (4/5ths vote required).
37.
Authorize the Tulare County Health
& Human Services Agency's TulareWORKs Division to expend the 2015/2016
Medi-Cal Program Allocation received from the State of California in the amount
of $29,185,608. Authorize the necessary budge adjustments per the attached AUD
308 (4/5ths vote required).
38.
Approve the acceptance of funds
from the Governor's Office of Emergency Services for the Fiscal Year 2015
Emergency Management Performance Grant in the amount of $221,235, retroactive
to July 1, 2015 through June 30, 2016. Find that the Board had authority to
accept the grant funds as of July 1, 2015 and that it was in the County's best
interest to accept the funding on that date.
39.
Approve an amendment to Agreement
No. 16889 with Walgreen Co. retroactive from June 15, 2015 to October 1, 2017
to update the logistical practices of Walgreen Co. Find that the Board had
authority to approve the proposed amendment as of June 15, 2015 and that it was
in the County's best interest to enter into the agreement on that date.
40.
Approve an agreement with Psynergy
Programs, Inc. in an amount not exceed $1,700,000 for the provision of
residential and specialty mental health services, retroactive from July 1, 2015
through June 30, 2016. Find that the Board had authority to approve the
agreement as of July 1, 2015 and that it was in the County's best interest to
approve the agreement on that date.
41.
Approve an agreement with Tulare
Regional Medical Center to enhance the ability to provide equipment, supplies,
funding and/or benefits included in the Hospital Preparedness Program Grant
from the U.S. Department of Health and Human Services Office of the Assistant
Secretary of Preparedness and Response, effective upon execution through June 30,
2018.
42.
Approve an agreement with Clean
Harbors Environmental Services, Inc. in an amount not to exceed $225,000 for
the eighteen (18) month period effective from January 1, 2016 through June 30,
2017 to provide household hazardous waste transportation and disposal services
for Tulare County Health & Human Services Agency's Tulare County Public
Health Branch, Environmental Health Division.
Human Resources & Development
43.
Approve the County costs
associated with reinstating the Sick Leave Buy Back Program, including hours
claimed and cost to the employer for pensionable earnings.
44.
Approve revision of the Personnel
Rules, effective January 1, 2016, to comply with Senate Bill 579: 1. Change
Sick Leave to include: a) the addition of a parent of an employee’s spouse or
registered domestic partner as a covered family member; b) the expanded
definitions of covered family member to include a child to whom the employee
stands in loco parentis, regardless of age or dependency status and the
expanded definition of a parent; c) expanded reasons for the use of sick leave
for a covered family member; and d) expanded reasons for employee use of sick
leave; and 2. Change School Leave to include: a) when a child is under the care
of a licensed child care provider; b) the expanded definition of a parent; c)
time to find, enroll, or re-enroll a child in a school or with a licensed child
care provider; and d) an emergency.
Probation
45.
Approve the minimum requirements,
funding criteria, grant award limits, and procedures established by the
Community Corrections Partnership for the Community Recidivism and Crime
Reduction Grant Services Program. Authorize the preparation and release of the
Request for Proposal for securing the services of a qualified contractor(s) to
provide a Community Recidivism and Crime Reduction Services Grant Program.
Public Defender
46.
Approve a Memorandum of
Understanding with Superior Court of California, County of Tulare for the
collection of a Public Defender registration fee on behalf of Tulare County,
retroactive to December 1, 2015 through June 30, 2018. Find that the Board had
authority to enter into the proposed Memorandum of Understanding as of December
1, 2015, and that it was in the County’s best interest to enter into the
agreement on that date.
Resource Management Agency
47.
Approve the agreement between
Lindsay-Strathmore Irrigation District and the County of Tulare for the
conveyance of water to the Strathmore Public Utility District. Authorize the
Chairman to sign the agreement. Authorize the Resource Management Agency and
Dennis R. Keller to take necessary actions to comply with the provisions of the
Agreement.
48.
Approve an agreement with the City
of Dinuba to relinquish 37 right of way parcels and two easements obtained by
the County in the City for the Road 80 and Avenue 416 widening projects.
Authorize the Chairman to sign and have notarized the Quitclaim Deed and
easements to the City under the agreement.
49.
Authorize the filing of a Notice
of Partial Non-Renewal for the following Land Conservation Contract as provided
in the Williamson Act. The request is applicant initialed. Approve the
execution of an amendment to the Land Conservation Contract as a condition of
approval for the partial non-renewal.
PNR 15-020 – Williamson
Act Contract No. 4119, Ag Preserve No. 0141, located on the southwest corner of State Highway 190 and Road 192, south of Poplar (Kulwant Gadri and Kulwinder K. Gadri)
(1.39 acre to be non-renewed and 128.13 acres subject to contract amendment).
50.
Authorize the filing of a 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 map. Approve the execution of an amendment to
the Land Conservation Contract as a condition of approval for the partial
non-renewal.
WANR 15-00003 – Williamson Act
Contract No. 4780, Ag Preserve No. 1455, located on the east side of Boyd Drive
approximately 700 feet in the northeast direction of Road 168, east of Orosi
(Lazy S. LLC; Craig Slater - owner) (2.67 acres to be non-renewed and 57.61
acres subject to contract amendment as a condition of PLA 14-010).
51.
Approve the Fiscal Year 2015-2016
Williamson Act Annual Subvention Report.
52.
Affirm the finding that the County
received less than one-half of the foregone property tax revenue pursuant to
Government Code Sections 16142(e) and 16142.1(d) for the 2014-2015 Fiscal Year.
Affirm implementation of AB 1265 pursuant Government Code Sections 51244(b) and
51244.3 for a reduction of property tax benefits by 10 percent, and also
pursuant to Government Code Section 51244(b) a related reduction of the term of
the contracts to nine years (eighteen years for Farmland Security Zone
contracts).
53.
Approve the following Categorical
Exemptions pursuant to the California Environmental Quality Control Act
guidelines Section 15061(b) (3) (No possibility of significant environmental
effect) for the following projects: 1) Plainview Park; 2) Ledbetter Park; and
3) Peter Malloch Park. Authorize the Environmental Assessment Officer, or
designee, to sign and file the Notices of Exemption with the County Clerk.
54.
Approve the Plans, Special
Provisions, Proposal and Contract (“Bid Documents”) for the construction of the
Ledbetter Park Improvement Project, subject to review and approval as to form
by County Counsel. Authorize the Chairman of the Board of Supervisors to sign
the Plans and Special Provisions. Approve the advertisement for bids of the
Ledbetter Park Improvement Project. Authorize the Tulare County Auditor to make
the necessary budget adjustments (4/5ths vote required).
Solid Waste
55.
Approve a Waste Disposal agreement
with Mid Valley Disposal, retroactive to October 1, 2014 through September 30,
2019, to coincide with the 100% commitment of waste volume by Mid Valley
Disposal to County landfills, and to increase and secure disposal tonnage and
revenue that will allow for a more predictable Solid Waste Enterprise Fund.
Find that the Board had authority to enter into the proposed agreement as of
October 1, 2014, 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
56.
Request from Resource Management Agency to authorize Zone
Change Initiation No. PZI 15-001 (Corvera/Exeter) to proceed as a Zone Change
from AE-40 (Exclusive Agriculture - 40 acre minimum) to “R-A-43” (Rural
Residential – 43,000 sq. ft. minimum) for the 4.92 acre site, Assessor’s Parcel
Number 111-140-067, located on the west side of Road 182, approximately 800
feet north of State Route 198, one mile north of Exeter.
57.
Request from the Resource Management Agency to receive the
report addressing the Indirect Cost Rate Proposal (ICRP) by the Tulare County
Resource Management Agency (RMA). Authorize the submittal of the ICRP by RMA to
the affected public agencies.
58.
Request from the County Administrative Office to approve
sending letters to Governor Brown and to San Diego Gas & Electric Company
requesting utility related support for biomass energy facilities, including
Covanta Delano.
(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
Public Hearing re Fire Hazard Abatement Cost
Recovery; see Board of Supervisors Agenda December 8, 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
Public Hearing and waiver of second reading
regarding Temporary Seville Water Conservation Ordinance, approval of CEQA
Categorical Exemption; see Board of Supervisors Agenda December 8, 2015.
ITEM C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Sierra Club v. County of Tulare
Tulare County Superior Court Case No.
12-249061
ITEM D
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: 5300 W. Tulare Ave.,
Visalia, CA
Agency Negotiators: Mike Spata and John Hess
Negotiating Parties: Weingart Foundation
Under Negotiation: Price and Terms of Payment
ITEM E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Hernandez v. County of Tulare
Tulare County Superior Court Case No. 259383
ITEM F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: County of Tulare/In re: Municipal
Derivatives Antitrust Litigation, United States District Court, Southern
District of New York, Master Docket No. 08-025816 (VM) (GWG)
ITEM G
CONFERENCE WITH LEGA
COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Van Valkenburg v. COT, et al.
Tulare County Superior Court Case No.
11-243113
ITEM H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Walter Paskwietz v. County of
Tulare Workers’ Compensation Appeals Board No.: ADJ8328698
ITEM I
CONFERENCE WITH LABOR
NEGOTIATOR
(Government Code Section 54957.6)
Agency Designated Representative: Rhonda
Sjostrom, Michael Spata
Employee Organization: Al Certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees
