(Public Comment Period)
1.
Board of Supervisors matters.
2.
Swearing-in Ceremony for the Fire Chief.
3.
Presentation and update from the Tulare County
Professional Firefighters Association on the Muscular Dystrophy Association's
Fill the Boot Event.
4.
Acknowledge Tulare County Restaurants and Retail Food
Establishments who have attained the Certificate of Excellence in Food Safety
Award during the 2015 calendar year.
5.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
6.
PUBLIC HEARING: Request from the Resource Management
Agency to certify that the Board has reviewed and considered the information
contained in the Categorical Exemption pursuant to 14 California Code
Regulations, Section 15303 (c) (Small Structures) Exemption prepared for the
project is applicable to the Change of Zone and Williamson Act Cancelation, as
being in compliance with the California Environmental Quality Act (CEQA) and
the State CEQA Guidelines for an Amendment to Ordinance No. 352, the Tulare County
Zoning Ordinance for Change of Zone No. PZ 15-020, from AE-20 (Exclusive
Agriculture-20 Acre Minimum) zone to C-2 (General Commercial) zone on
approximately a 1.39 acres portion of Assessor Parcel Number (APN) 300-310-005,
located near the intersection of State Route 190 and Road 192 within the
community of Poplar-Cotton Center. Determined that there is no substantial
evidence that said Zone Amendment, and Williamson Act Cancellation will have a
significant effect on the environment and determine that the Exemption pursuant
to 14 California Code Regulations, 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 of the Tulare Resource Management Agency to file a Notice of
Exemption with the Tulare County Clerk. Determine that the cancellation is
consistent with the purposes of the Williamson Act. Determine and certify to
the County Auditor the cancellation fee amount shall be $46,625. The fee
amount will be equal to 12.5% of the Current Fair Market Value of $373,000.
Adopt the conditions of approval for tentative cancellation of PAC 15-002.
Direct the Clerk of the Board to record a Certificate of Tentative Cancellation
in the Office of the County Recorder. Authorize the Clerk of the Board of
Supervisors to execute the Final Certificate of Cancellation of Land
Conservation Contract No. 4119 upon which time the conditions and contingencies
have been satisfied and enumerated in the Certificate of Tentative
Cancellation. Direct the Clerk of the Board of Supervisors to record the
executed Certificate of Final Cancellation in the office of the Tulare County
Recorder. Adopt the findings of approval for the Change of Zone as set forth in
the Planning Commission Resolution 9156. 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.
7.
PUBLIC HEARING: Request from the Resource Management
Agency to waive the second reading and adopt an ordinance repealing Uncodified
Ordinance Number 1047, and adding a new Uncodified Ordinance pertaining to a
Franchise Agreement with the Southern California Edison Company, effective
after approval by the Board of Supervisors and immediately after the Franchise
files written acceptance with the Clerk of the Board of Supervisors. Direct the
Clerk to publish a summary of the ordinance and post a full copy of the
ordinance within 15 days of adoption, as required by law.
8.
PUBLIC HEARING: Request from the Resource Management
Agency to adopt the Statutory CEQA Exemption for Feasibility and Planning
Studies for the Sustainable Highway 99 Corridor Plan. Adopt and certify the
Sustainable Highway 99 Corridor Plan (Grant Number: 3012-588) as accurate.
Direct the Environmental Assessment Officer, or designee of the Tulare Resource
Management Agency to file a Notice of Exemption with the Tulare County Clerk.
(Consent Calendar)
CONSENT CALENDAR (Numbers 9 through 41)
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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
9.
Approve an agreement with the
California Department of Food and Agriculture for providing State subvention in
the amount of $371,210 to offset costs of providing Asian Citrus Psyllid
detection trapping services, retroactive to October 1, 2015 through September
30, 2016. 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.
Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
10.
Approve an agreement with
Millennium Trust Company, LLC. for automatic rollover services for the de
minimis Defined Contribution accounts, retroactive to October 1, 2015 through
January 1, 2025. 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.
Board of Supervisors
11.
Appoint Cory Jones, Seat 4 -
At-Large to the Tulare County Mental Health Board for a term ending December
31, 2018.
12.
Ratify a Proclamation honoring
Project Homeless Connect.
Child Support Services
13.
Approve the capital asset
purchase of a Uninterrupted Power Supply battery backup system for the
Department of Child Support Services, in an amount not to exceed $20,000.
Approve the necessary budget adjustments (4/5th vote required).
County Administrative Office/General
Services
14.
Ratify actions by the County
Administrative Officer during the month of January 2016. 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 agreement with M.
Santoyo Consulting in an amount not to exceed $50,000 for services provided to
the San Joaquin Valley Water Infrastructure Authority, retroactive to January
8, 2016. Find that the Board had the authority to enter into the proposed agreement
as of January 8, 2016, and that it was in the County’s best interest to enter
into the agreement on that date. Authorize the Chairman to sign the agreement
upon receipt of certificates of insurance, subject to review and approval as to
form by County Counsel.
16.
Reaffirm the lack of water
supply for East Porterville declared by the Board of Supervisors on June 30,
2015 as a continuing emergency.
17.
Approve a resolution supporting
Delano Earlimart Irrigation District’s proposed Basin Boundary Modification.
18.
Approve the Tulare County Flood
Control Website. Direct the County Administrative Officer, in concert with the
Resource Management Agency, to take all necessary and proper action to
implement the direction of the Board of Supervisors.
19.
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).
20.
Approve an agreement for
purchase of Pipeline Easement and Temporary Construction Easement with Daniel
and Maria Rodriguez for the Sontag Ditch Flood Control Project in the amount of
$500. Authorize County Counsel to sign the Pipeline Easement and Temporary
Construction Easement acceptances upon presentation. Direct the Auditor to
draw a warrant in the amount of $500 in favor of Daniel and Maria Rodriguez.
21.
Approve an agreement for
purchase of Fee Title and a Temporary Construction Easement from Vincent Q.
Chan and Carol Chan, Trustee, for the Avenue 280 Road Widening Project in the amount
of $21,500. 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 $23,500 in favor of First American Title Company or the County’s
designated title company.
22.
Approve an agreement for purchase
of Pipeline Easement and Temporary Construction Easement with Monument Ranch,
LP for the Sontag Ditch Flood Control Project in the amount of $500. Authorize
County Counsel to sign the Pipeline Easement and Temporary Construction
Easement acceptances upon presentation. Direct the Auditor to draw a warrant
in the amount of $500 in favor of Monument Ranch, LP.
23.
Approve the Cooperative
Agreement with the City of Visalia for the County to acquire right of way in
the City of Visalia for the Avenue 280 widening project.
24.
Award the contract for the
London Library Project to the lowest responsible bidder, Todd Companies, in the
amount of $203,500. Authorize the Chairman to sign the construction agreement
upon receipt of certificates of insurance, bonds, license verification, and
contract, subject to review and approval as to form by County Counsel.
25.
Approve an amendment to
Agreement No. 27288 with Simile Construction, Inc. to increase the agreement
amount by $11,857.35 from $859,000 to $870,857.35 to provide construction
services for the Animal Control Remodel and Expansion Project. Increase the
contract time by seven working days. Authorize the Chairman to sign the
Agreement Amendment, subject to review and approval as to form by County
Counsel.
26.
Accept the Government Plaza
Generator Installation Project as a completed project. Approve an amendment to
Agreement No. 27252 with Strategic Mechanical Inc. by increasing the days of
construction by 90 calendar days. 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 subject project
with the office of the Tulare County Recorder.
District Attorney
27.
Approve a capital asset
purchase of one vehicle for the Rural Crime Program in an amount not to exceed
$40,000. Approve the necessary budget adjustments (4/5ths vote required).
28.
Ratify and approve the
Chairman's signature on the Grant Subaward with the California Governor’s
Office of Emergency Services in an amount not to exceed $400,000, with a match
not to exceed $100,000, for the Elder Abuse Program, for the period of July 1,
2016 through June 30, 2018. Ratify the Chairman’s signature on the Grant Award
Face Sheet and the Certification of Assurance of Compliance. Ratify the County
Administrative Officer’s signature on the Certification of Assurance of
Compliance.
29.
Ratify and approve an agreement
with Canon Financial Services, Inc. in the amount of $9,807.45 annually, signed
by Assistant District Attorney, Dan Underwood, retroactive to September 10,
2015 through September 1, 2019. Find that the Board had authority to enter into
the proposed agreement as of September 10, 2015, and that it was in the
County’s best interest to enter into the agreement on that date. Approve an
addendum to the agreement with Canon Financial Services, Inc. and authorize the
Chairman of the Board to sign. Approve a capital asset purchase in the amount
of $9,807.45 annually. Authorize the necessary budget adjustments (4/5ths vote
required).
Health & Human Services Agency
30.
Establish the Tulare County
Animal Services Advisory Committee pursuant to Government Code Section
31000.1. Adopt the By-laws of the Tulare County Animal Services Advisory
Committee. Direct the Clerk to post the list of vacancies in accordance with
the Maddy Act (Government Code Section 54972 et seq.).
31.
Approve an agreement with the
State Water Resources Control Board for funding of the Local Oversight Program
in the amount of $119,245.00 for the provision of local oversight of the
investigation and remediation of leaking underground storage tanks in Tulare
County, 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.
32.
Ratify and approve the letter
of notification of the merger transaction between Health Net, Inc. and Centene
Corporation, retroactive to July 2, 2015. Find that the Board had the authority
to enter into the letter of transaction as of July 2, 2015, and that it was in
the County’s best interest to do so on that date.
33.
Approve an amendment to
Agreement No. 26970 with Unilab Corporation d.b.a Quest Diagnostics to update
Exhibit B for the provision of clinical laboratory services, retroactive to
October 29, 2015 through June 30, 2017. Find that the Board had authority to
enter into the proposed amendment as of October 29, 2015, and that it was in
the County’s best interest to enter into the amendment on that date.
Resource Management Agency
34.
Approve and award the contract
to the lowest responsive and responsible bidder, JT2 Inc., dba Todd Companies
of Visalia, California, in the amount of $117,750 for construction of Avenue
322 Water Main Extension 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
$11,775 (10%) to cover unexpected construction conditions.
35.
Authorize submittal of an
application for a State Airport Improvement Program (AIP) Matching Grant in the
amount of $4,500 for the Sequoia Field Airport Layout Plan Update by the
Director of the Resource Management Agency. Authorize the Chairman of the Board
to act on behalf of the County, to accept the allocation and execute in the
name of the County of Tulare, the AIP Matching Grant Agreement with the State
of California, subject to County Counsel review and approval. Authorize the
Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption
with the County Clerk.
36.
Authorize submittal of an
application for a State Airport Improvement Program (AIP) Matching Grant for
$3,450 for the Design of Navigation Aids at the Sequoia Field Airport by the
Director of the Resource Management Agency. Authorize the Chairman of the Board
to act on behalf of the County, to accept the allocation and execute in the
name of the County of Tulare, the AIP Matching Grant Agreement with the State
of California, subject to County Counsel review and approval. Authorize the
Environmental Assessment Officer, or designee, to sign and file the Notice of
Exemption with the County Clerk.
37.
Approve and award the contract
to the lowest responsive and responsible bidder, JT2 Inc. dba Todd Companies of
Visalia, California, in the amount of $326,400 for construction of Ledbetter
Park Improvement Project. Authorize the Chairman to sign the contract after
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
$32,640 (10%) to cover unexpected construction conditions. Approve the
necessary budget adjustments (4/5ths vote required).
38.
Authorize the allocation of Low
Carbon Transit Operations Program funds from the State of California in the
amount of $147,474 for a Fare Subsidy Program.
39.
Accept the Substance Abuse
Policy & Procedures for Tulare County Area Transit’s Contractor MV
Transportation, Inc.
40.
Declare their intent to vacate
a portion of excess right of way of Road 240 between Avenue 100 and Avenue
102. Set a public hearing for March 29, 2016 at 9:30 a.m. or thereafter, in
the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider
the vacation of the aforementioned portion of right of way. Direct the Resource
Management Agency to publish, post and mail the notice of public hearing in
accordance with the Streets and Highways Code.
41.
Determine that the Interim
Renewal Contract is exempt from the California Environmental Quality Act
pursuant to the adopted State of California CEQA Guidelines Section 15301 and
the Environmental Assessment Officer is directed to sign and file a Notice of Exemption
with the Tulare County Clerk. Approve Bureau of Reclamation Interim Renewal
Contract No. 14-06-200-8293A-IR16 to allow the County of Tulare water services
from the Central Valley Project to the Cross Valley Canal for the period of
March 1, 2016 to February 28, 2018. Authorize the Resource Management Agency
and Dennis R. Keller, Keller and Wegley, Consulting Engineers, to do all things
necessary and proper to comply with the interim renewal process. Direct the
Clerk of the Board to return a certified copy of this Resolution to Resource
Management Agency for transmittal to the Bureau of Reclamation.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
42.
Request from the Tulare County Information &
Communications Technology to approve a Personnel Resolution to increase the
position allocation by adding one (1) Full Time Equivalent Analyst II – Administrative
Services Programmer, effective March 6, 2016. Approve the necessary budget
adjustments (4/5ths vote required).
43.
Request from the County Administrative Office to approve
the Greenhouse Gas Emissions Inventory Update. Direct the County
Administrative Officer, in concert with the Resource Management Agency, to take
all necessary and proper action to implement the direction of the Board of
Supervisors.
44.
Request from the County Administrative Office to take
off-calendar the Agricultural Conservation Easement Program. Direct the County
Administrative Officer, in concert with the Resource Management Agency, to
refer the matter back to the Agricultural Policy Advisory Committee (APAC) for
further consideration and recommendation, and to take all necessary and proper
action to implement the direction of the Board of Supervisors.
45.
Request from the County Administrative Office to receive
input and provide direction regarding proposed amendments to the State
legislative platform and select priority issues for the annual State advocacy
trip.
(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
Zone Change Amendment No. PZ 15-020, an
amendment to Tulare County, Zoning Ordinance No. 352 and Williamson Act
Cancellation No. PAC 15-002; 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
Highway 99 Corridor Plan
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Request to Approve the Greenhouse Gas Emissions
Inventory Update; see Board of Supervisors agenda February 23, 2016.
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM E
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM F
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: APN 119-230-004, APN
119-230-005,
APN 119-230-006
Agency Negotiators: Michael C. Spata, John
Hess, Robert Newby
Negotiating Parties: Gurtej Dhillon MD
Under Negotiation: Price and Terms of
Payment
ITEM G
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: APN 119-021-024 & APN
119-021-026
Agency Negotiators: Michael C. Spata, John
Hess, Robert Newby
Negotiating Parties: Malli Enterprises
Under Negotiation: Price and Terms of
Payment
ITEM H
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: APN 119-110-012
Agency Negotiators: Michael C. Spata, John
Hess, Robert Newby
Negotiating Parties: Gilbert and Enedina
Marroquin
Under Negotiation: Price and Terms of
Payment
ITEM I
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
(Government Code Section 54956.8)
Property Description: 3644 South Shirk Road,
Visalia CA 93277
Agency Negotiators: Michael C. Spata, John
Hess, Robert Newby
Negotiating Parties: Jasdeep and Hardish
Waraich
Under Negotiation: Price and Terms of
Payment
ITEM J
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: 5310 West Caldwell Ave,
Visalia CA 93277
Agency Negotiators: Michael C. Spata, John
Hess, Robert Newby
Negotiating Parties: Southwest Congregation
of Jehovah’s Witness
Under Negotiation: Price and Terms of
Payment
ITEM K
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: 5508 West Mission Ave,
Visalia CA 93277
Agency Negotiators: Michael C. Spata, John Hess,
Robert Newby
Negotiating Parties: Turnberry Place
Under Negotiation: Price and Terms of
Payment
ITEM L
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Carrasquilla vs. County of
Tulare;
United States District Court, Eastern District
of California
Case No. 1:15-CV-00740-BAM
ITEM M
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Lamphone Khansourivong v. Linda
Sengone
Campbell, et al.
Tulare County Superior Case No. 263736
ITEM N
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Montano, Alfonso, et al. v.
County of Tulare, et al.
Tulare County Superior Court Case No.:
VCU263289
ITEM O
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT
(Government Code Section 54957)
FOR THE POSITION OF: Board Representative
ITEM P
PUBLIC EMPLOYEE
PERFORMANCE EVALUATION:
(Government Code Section 54957)
FOR THE POSITION OF: COUNTY COUNSEL
ITEM Q
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
