(Public Comment Period)
1.
State of the County presented by Chairman Mike Ennis.
2.
Board of Supervisors matters.
3.
Recognize LaRayne Cleek upon her retirement from the
Superior Court of California for her many years of service.
4.
Presentation declaring January 2016 as National Mentoring
Month in Tulare County.
5.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
6.
PUBLIC HEARING: Request from the
Auditor-Controller/Treasurer-Tax Collector to waive the second reading and
adopt an Ordinance adding, amending, and repealing various sections of Part VI
of the Ordinance Code, pertaining to business licenses and regulations. Direct
the Clerk to publish a summary of the Ordinance and post a full copy of the
Ordinance after adoption as required by law.
7.
PUBLIC HEARING: Request from Auditor-Controller
Treasurer-Tax Collector to approve the proposed fee schedule pertaining to
Business Licenses to take effect February 1, 2016.
(Consent Calendar)
CONSENT CALENDAR (Numbers 8 through 38)
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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
8.
Approve an amendment to
Agreement No. 26679 with the California Department of Food and Agriculture
providing additional State subvention in the amount of $122,747 to offset
additional costs of detection and suppression of Glassy-winged Sharpshooter,
retroactive to July 1, 2014 through June 30, 2016. The amended Cooperative
Agreement will now total $745,746.61. Find that the Board had authority to
enter into the proposed amended Agreement as of July 1, 2014, 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).
9.
Approve an amendment to
Agreement No. 27074 with Taylor Brothers, Inc. a California Corporation, dba
RES-COM Pest Control to provide Glassy-winged Sharpshooter pest control
services in the amount of $250,000, retroactive to April 28, 2015 through June
30, 2016. Find that the Board had authority to enter into the proposed
agreement as of April 18, 2015, and that it was in the County's best interest
to enter into the agreement on that date.
Board of Supervisors
10.
Ratify Proclamations honoring
Andrew Aris Schimelpfening and Kaehukai Burke for earning the rank of Eagle
Scout.
11.
Reappoint Kevin Caskey,
Historical Society Member to the Museum Board for a term ending February 13,
2019.
12.
Reappoint David Anderson,
Community Health Board Member, Dr. Karen Haught, Public Health Officer, and
Sarah Ramirez, Community Partner to the Health Advisory Committee for terms
ending February 1, 2019.
13.
Cancel the Board of Supervisors
meeting scheduled for April 12, 2016.
County Administrative Office/General
Services
14.
Ratify actions by the County
Administrative Officer during the month of December 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.
15.
Approve an amendment to
Agreement No. 26995 with Jay W. Powell, Inc. and David W. Allen to increase the
ancillary services remittance from $40,000 to $50,000 per reimbursement
request.
16.
Reaffirm the lack of water
supply for East Porterville declared by the Board of Supervisors on June 30,
2015 is a continuing emergency.
17.
Approve an amendment to
Agreement No. 27119 with the Department of Water Resources to add a filing
station to the scope of work, retroactive to June 8, 2015 through March 31,
2016. Find that the Board had authority to enter into the proposed agreement
as of June 8, 2015, and that it was in the County's best interest to enter into
the agreement on that date.
18.
Determine that the failure of
two County wells located at the Bob Wiley Detention Facility and one at Mooney
Grove Park, originally declared an emergency by the Board of Supervisors on
June 2, 2015, is a continuing emergency (4/5ths vote required). Approve an
amendment to Agreement No. 27261 with Western Strata Exploration to increase
the contract amount by $42,850 for water hauling, well destruction, and E-log
for the Bob Wiley Detention Facility's agriculture well and well destruction,
conductor casing, and E-log for the domestic well.
District Attorney
19.
Authorize the submission of a
grant application for funding from the State of California Office of Traffic
Safety for Fiscal Year 2016/17 in an amount of $310,982 for the Alcohol and
Drug Impaired Vertical Prosecution Program.
20.
Authorize the submission of a
grant application and approve the Grant Subaward with the California Governor's
Office of Emergency Services for the Unserved/Underserved Victim Advocacy and
Outreach Program in the amount of $175,000, with a $43,750 match, for the
period of April 1, 2016 through March 30, 2017. Authorize the County
Administrative Officer, or his designee, to sign the Certification of Assurance
of Compliance.
Fire Department
21.
Authorize the submission of a
grant application for a California Office of Traffic Safety Emergency Services
Grant to provide Hurst extrication equipment in an amount not to exceed
$250,000. Authorize the Fire Chief, or his designee, to sign and submit the
grant application.
22.
Approve a capital asset
purchase of two Thermal Imaging Cameras, in an amount not to exceed $16,800.
Approve the necessary budget adjustments (4/5ths vote required).
Health & Human Services Agency
23.
Approve an amendment to
Agreement No. 26831 with Plumas County acting as the host entity of the Local
Government Agency over the Medi-Cal Administrative Activities and Targeted Case
Management Trust Fund to amend the fee structure, retroactive to July 1, 2015
through June 30, 2016. Find that the Board had authority to enter into the
proposed amendment as of July 1, 2015, and that it was in the County’s best
interest to enter into the amendment on that date.
24.
Approve a Memorandum of
Understanding with the non-profit Tulare Mental Health Services Act Housing,
Inc. effective upon signing for permanent supportive housing projects in the
cities of Tulare and Porterville. Authorize the Tulare County Director of
Mental Health to sign the Mental Health Services Act Housing Program County
Funding Release Form to request and accept the unencumbered Tulare County
Mental Health Services Act Housing Program funds from the California Housing
Finance Agency in the estimated amount of $2,691,817, per the Department of
Health Care Services Information Notice 15-004. Approve the necessary budget
adjustments (4/5ths vote required).
25.
Ratify acceptance of a donation
for a mobile laundry trailer to be placed in East Porterville for a period of
up to 12 months.
Probation
26.
Approve an amendment to
Agreement No. 25257 with BI Incorporated in the amount of $166,004 for
electronic monitoring services, retroactive to March 14, 2015 through June 30,
2016. Find that the Board had the authority to enter into the proposed
amendment as of March 14, 2015, and that it was in the County's best interest
to enter into the amendment to the agreement on that date.
Resource Management Agency
27.
Approve an amendment to
Agreement No. 27080 with Richgrove Community Services District for amending the
original scope of work for the Richgrove Park Dooley Drive Project required to
construct an additional 300 feet of roadway, curb and gutter. Find that the
Board had the authority to enter into the proposed agreement as of October 27,
2015, and that it was in the County’s best interest to enter into the agreement
on that date. Accept the work for the construction of Richgrove Park Dooley
Drive Project at Dooley Drive from Vineyard Drive to Road 210 as complete by
MAC General Engineering Inc. of Porterville, California. Direct the Clerk of
the Board to have the Notice of Completion recorded with the County Recorder.
28.
Accept the work for the
construction of Pavement Overlay Project at Avenue 272 from Diagonal 88 to
Shirk Road, Avenue 256 from Road 164 to Road 180, Diagonal 112A from Avenue 184
to Rankin Avenue and Road 208 from Avenue 112 to Teapot Dome Avenue as complete
by Agee Construction Corporation of Clovis, California. Direct the Clerk of the
Board to have the Notice of Completion recorded with the County Recorder.
29.
Accept the work for the
construction of Reservation Road (M137) Safety Improvement Project as complete
by DBA Seal Rite Paving and Grading of Fresno, California. Direct the Clerk of
the Board to have the Notice of Completion recorded with the County Recorder.
30.
Accept the work for the
construction of Road 148 Bridge Replacement over Outside Creek as complete by
RNR Construction, Inc. of Sacramento, California. Direct the Clerk of the Board
to have the Notice of Completion recorded with the County Recorder.
31.
Accept the work for the
construction of Pavement Overlay Project at Avenue 56 from State Route 43 to
Road 96, Avenue 256 from Road 180 to Road 188, Monson Drive from Avenue 384 to
Road 104, D238 from Avenue 124 to Teapot Dome Avenue and Success Drive from
Park Street to Corner Street as complete by Agee Construction Corporation of
Clovis, California. Direct the Clerk of the Board to have the Notice of
Completion recorded with the County Recorder.
32.
Determine that the vacation is
exempt from the California Environmental Quality Act (CEQA) pursuant to the
adopted State of California CEQA Guidelines Section 15061(b)(3) and the
Environmental Assessment Officer is directed to sign and file a Notice of
Exemption with the Tulare County Clerk. Determine that the hereinbefore
described road, East Lipscomb Avenue in Tipton is unnecessary for present or
prospective public use and vacation thereof is in the public interest. Approve
the Resolution to vacate a portion of E. Lipscomb Avenue in Tipton, Legal
Description, subject to reserving public utility easements for public utility
companies within the limits of the vacated road right of way. Direct the Clerk
of the Board to cause a certified copy of the Resolution to be recorded in the
Office of the Tulare County Assessor Clerk/Recorder.
33.
Approve an agreement with the
City of Lindsay in the amount of $86,983 for the County to provide transit
service to City of Lindsay residents, retroactive to July 1, 2015 through June
30, 2016. Find that 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 into the agreement on that date.
34.
Approve an agreement with the
City of Visalia in the amount of $211,254 for the City to provide transit
service to County of Tulare residents, 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.
35.
Approve an agreement with the
City of Woodlake in the amount of $30,469 for the City to provide transit
service to County of Tulare residents, retroactive to July 1, 2015 through June
30, 2016. Find that 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 into the agreement on that date.
36.
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 one Lot Line Adjustment. WANR 15-00002 – Williamson Act
Contract No. 7129, Ag Preserve No. 2423, located on the northeast corner of
Avenue 236 and Road 48, west of Tulare (Stephen and Dana Fagundes - owner) (4
acres to be non-renewed and 42.85 acres subject to contract amendment as a
condition of PLA 15-021). 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
Contracts. PLA 15-021 – Williamson Act Contract No. 8070, Agricultural Preserve
No. 2701, located approximately 1,470 feet east of Road 48, between Avenues 236
and 240, west of Tulare, (APN 158-040-005) (BC Farms, LLC) 88.44 acres subject
to contract amendment. PLA 15-025 – Williamson Act Contract No. 2565,
Agricultural Preserve No. 0166, located between Avenue 218 and Avenue 220, west
of Road 196, west of Lindsay, (APN 197-140-016 and 197-140-024, R & H Paul,
Inc. (owner: Richard P. Walker)) 68.85 acres subject to contract amendment.
37.
FOR INFORMATION ONLY: Bid
opening results for the Various Stop Controlled Intersections Safety
Improvement Project.
Solid Waste
38.
Approve and award the contract
to the lowest responsive bidder, Floyd Johnston Construction Company,
Incorporated in the amount of $7,603,533 for construction of the Visalia Waste
Management Unit 1 Final Closure Construction project for a term of 360 working
days. 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.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
39.
Request from Solid Waste to authorize a disbursement of
$3,348,424 from the Solid Waste Closure Cost Fund (046-236) into the Closure
Operations Fund (047-235) to fund closure activities for the Visalia Landfill's
Waste Management Unit-1. Authorize the Auditor-Controller/Treasurer-Tax
Collector to make future disbursements from the Solid Waste Closure Cost Fund
(046-236) into the Closure Operations Fund (047-235) on the Board's behalf as
closure activity milestones are completed and authorization from CalRecycle is
granted. Create an operating budget for Fiscal Year 2015/16 for the Closure
Operations Fund. Approve the necessary budget adjustments (4/5ths vote
required).
40.
Request from the Resource Management Agency to receive a
report regarding the 2016 Community Transportation Infrastructure Program and
direct staff to take appropriate action.
41.
Request from the County Administrative Office to approve
the Agricultural Conservation Easement Program. Direct the County
Administrative Officer, in concert with the Resource Management Agency, to take
all necessary and proper actions to implement the direction of the Board.
(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
ITEM B
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM C
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
[Government Code Section 54956.9(d)(4)]
Number of Potential Cases: 1
ITEM D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Gonzalez, Gerardo vs. County
of Tulare; Mark Frick; Does1-20; Tulare County Superior Court No.: VCU260119
ITEM E
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-JAM-SAB
ITEM F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Kristina Brooks v. County of
Tulare, Workers’ Compensation Appeals Board Case No. ADJ8109410
ITEM G
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM H
PUBLIC EMPLOYEE
PERFORMANCE EVALUATION
(Government Code Section 54957)
FOR THE POSITION OF: COUNTY COUNSEL
ITEM I
CONFERENCE WITH LABOR
NEGOTIATOR
(Government Code Section 54957.6)
Agency Designated Representative: Rhonda
Sjostrom, Michael C. Spata
Employee Organization: Al Certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees
