(Public Comment Period)
1.
Board of Supervisors matters.
2.
Present Proclamation adopting a resolution proclaiming
the first full week of April 2016 to be “Healthy Tulare County Week” coinciding
with National Public Health Week and making this year’s theme Tulare County:
Healthiest Community 2030.
3.
Presentation regarding an update on the Economic
Development Corporation of Tulare County.
4.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
5.
PUBLIC HEARING: Request from the Resource Management
Agency to consider the vacation of a portion of excess right of way of Road 240
between Avenue 100 and Avenue 102, reserving and excepting therefrom an
easement and right necessary to maintain, operate, replace, remove, or renew
public utility facilities. Determine that said excess right of way is
unnecessary for present or prospective use and vacation is in the public
interest. 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 Officer is directed to sign and file
a Notice of Exemption with the Tulare County Clerk. 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.
6.
PUBLIC HEARING: Request from the Resource Management
Agency to find that there is no substantial evidence that the proposed
amendment to the Ordinance Code will have a significant effect on the
environment, and that a Notice of Exemption for said Ordinance Code amendment
reflects the independent judgment of the County and has been completed in
compliance with the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines for the Implementation of the California Environmental Quality
Act of 1970, as amended, on the ground that it can be seen with certainty that
there is no possibility that the proposed adoption of the Ordinance Code
amendments may have a significant effect on the environment based on Section
15061, subdivision (b)(3), of the State CEQA Guidelines. Waive the second
reading and adopt an ordinance amending Chapter 23 of Part I of the Ordinance
Code of Tulare County, Pertaining to Administrative Enforcement of the
Ordinance Code and Ordinance No. 352 (The Zoning Ordinance), Notices of
Violation, Appeals, and Administrative Fines and penalties (including Costs).
Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance
with the names of the Board of Supervisors voting for and against the adoption,
within fifteen (15) days as required by Government Code Section 25124. Direct
the Resource Management Agency to cause the Notice of Exemption to be filed
with the Tulare County Clerk.
7.
PUBLIC HEARING: Request from the Resource Management
Agency to review and accept Tulare County's 2015 Annual General Plan and
Housing Element Progress Reports. Authorize transmittal of these reports
to the California Governor's Office of Planning and Research and
California's Department of Housing and Community Development.
(Consent Calendar)
CONSENT CALENDAR (Numbers 8 through 39)
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NOTICE TO THE PUBLIC
Background information has been
provided to the Board on all matters listed under the Consent Agenda, and
these items are considered to be routine by the Board. All items under the Consent
Agenda are normally approved by one motion. If discussion is requested by
any Board member or member of the public on any item, that item will be
removed from the Consent Agenda.
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Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
8.
Consent to the conducting of
the Kaweah Delta Health Care District Special Election and any other election
which may be held within the jurisdiction of said District on Tuesday, May 3,
2016. Authorize the election official to perform all necessary and required
services relating to the conduction of the Kaweah Delta Health Care District
Special Election. Consent to the conducting of this election and the
procedures to be used while conducting this election, and that the District
shall adhere to the following provisions and those set forth in section 10400
and following of the Elections Code. Agree that this individual District shall
reimburse the county in full for the services performed in connection with this
election, upon presentation of a bill from the election official to the
District. Agree that the election official will prepare a certified statement
of the results of the election and submit it to the District’s governing body
within 30 days of the election.
9.
Consolidate the Local
Contests/Measures with the Presidential Primary Election and any other election
which may be held within the jurisdiction of said Districts on Tuesday, June 7,
2016. Authorize the election official to perform all necessary and required
services to the aforementioned Districts relating to the conduct of the Local
Contests/Measures and Presidential Primary Election. Consent to the
consolidation of these elections and the procedures to be used in the conduct
of the consolidated election, and said consolidation shall adhere to the
following provisions and those set forth in Section 10400 and following of the
Elections Code. Agree that each individual District shall reimburse the County
in full for the services performed in connection with these elections, upon
presentation of a bill from the election official to the District. Agree that
the election official will prepare a certified statement of the results of the
election and submit it to each governing body within 30 days of the election.
Agree that the elections included in Appendix A are to be consolidated as set
forth above.
10.
Authorize the Tax Collector to
offer for Sale by agreement parcel 260-193-006-000, on June 30, 2016, the tax
defaulted property listed on the attachment subject to the Power to Sell
pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and
Taxation Code.
Board of Supervisors
11.
Appoint Alex David, At-Large
Member to the Library Advisory Board for a term ending December 31, 2016.
12.
Reappoint Raymond Montano,
Trustee and Rose Hachigian, Trustee to the Alta Cemetery District for terms
ending January 6, 2020.
County Administrative Office/General
Services
13.
Ratify actions by the County
Administrative Officer during the month of February 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.
14.
Approve an agreement between
the County of Tulare and Conway Consulting Group in an amount not to exceed
$24,000 for special consulting services for intergovernmental projects and
programs.
15.
Approve an agreement with Carpi
Clay & Smith in the amount of $86,520 annually for Federal legislative
services for the period of July 1, 2016 through June 30, 2018. Authorize the
Chairman to sign four copies of the agreement, subject to approval as to form
by County Counsel.
16.
Approve an agreement with
Shaw/Yoder/Antwih, Inc. in the amount of $63,000 annually for State legislative
services for the period of July 1, 2016 through June 30, 2018. Authorize the
Chairman to sign four copies of the agreement, subject to approval as to form
by County Counsel.
17.
Approve the recommendation to
award Allen Law Firm, Inc. the Conflict Public Defender Services contract for
the County of Tulare. Approve an agreement with Allen Law Firm, Inc., as
Contractor, and Marcus Torigian, as Contingency Contractor, to provide conflict
public defender services in the amount of $195,292.47, plus ancillary services
for the period of April 1, 2016 through December 31, 2016, and $199,278.03 plus
ancillary services for the period of January 1, 2017 through December 31, 2018.
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).
19.
Approve and authorize the
capital asset purchase of a tire changing machine in the amount not to exceed
$10,000. Approve the necessary budget adjustments (4/5ths vote required).
20.
Approve an agreement for
purchase of Pipeline Easement and Temporary Construction Easement with Kausen
Farm Properties, LP for the Sontag Ditch Flood Control Project in the amount of
$2,300. 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 $2,300 in favor of Kausen Farm Properties, LP.
Fire Department
21.
Approve a Capital Asset
purchase of one (1) ladder testing kit, not to exceed $8,000. Approve the
necessary budget adjustments (4/5ths vote required).
22.
Authorize the submission of a
grant application for a Department of Forestry and Fire Protection Volunteer
Fire Assistance Grant to purchase thermal imaging cameras in the amount of
$40,000. Authorize the Fire Chief, or his designee, to sign and electronically
submit the grant application.
Health & Human Services Agency
23.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
24.
Reaffirm the Proclamation of a
Local Emergency due to tree mortality in Tulare County Resolution No.
2015-0850.
25.
Approve the agreement with the
Centers for Disease Control and Prevention for the Public Health Associate
Program, retroactive to October 4, 2015 through October 3, 2017. Find that the
Board had the authority to enter into the proposed agreement as of October 4,
2015, and that it was in the County’s best interest to enter into the agreement
on that date.
26.
Approve an agreement with
Family Services of Tulare County to receive additional Ryan White HIV Care
program funds from California Department of Public Health, Office of AIDS, in
an amount of $64,503 and not to exceed $115,963, retroactive to April 1, 2015
through March 31, 2016. Find that the Board had authority to enter into the
proposed agreement as of April 1, 2015, and that it was in the County’s best
interest to enter into the agreement on the date.
27.
Approve a Memorandum of
Understanding between the California Department of Social Services, TALX
Corporation, and the County of Tulare to provide TulareWORKs staff with access
to an online employment and income verification system effective from the date
of signature by the Board of Supervisors through September 30, 2017.
28.
Approve the submittal of an
application to the Governor’s Office of Emergency Services for the Hazard
Mitigation Grant Program, in an amount of $100,000.
Human Resources & Development
29.
Authorize the Chairman to
execute the SJVIA Participation agreement with the San Joaquin Valley Insurance
Authority for the purpose of participating in the SJVIA health insurance
programs, (Anthem Blue Cross and Kaiser), pharmacy program (US Script), dental
insurance (Delta Dental) and vision insurance (VSP) for eligible employees and
retirees; retroactive to January 1, 2016 through December 31, 2016. Find that
the Board had authority to enter into the proposed agreement as of January 1,
2016, and that it was in the County's best interest to enter into the agreement
on that date.
Information & Communications
Technology
30.
Authorize the renewal of basic
license and maintenance support from CGI Technology and Solutions, Inc. in an
amount not to exceed $267,183.86 for the period of April 1, 2016 through March
31, 2017. Approve an amendment to Agreement No. 14242 with CGI Technologies and
Solutions, Inc. for Enhanced Maintenance Services of the ongoing maintenance of
Advantage Financial software in an amount not to exceed $77,495 for the period
of April 1, 2016 through March 31, 2017.
Resource Management Agency
31.
Approve a two-year extension of
time for Tentative Subdivision Map No. TM 785 to August 26, 2018.
32.
Authorize the filing of Notices
of Partial Non-Renewal for the following four (4) Land Conservation Contracts,
as provided in the Williamson Act. The request fulfills conditions resulting
from two lot line adjustments and two tentative parcel maps: PNR 15-025 –
Williamson Act Contract No. 05545, Ag Preserve No. 00392, located on the east
side of Sand Creek Drive, north of Avenue 460, east of Orange Grove (APN
005-020-045) (Edwin A Johnson, Charlotte Johnson, Daniel W. Turner and Karen
Johnson Turner) (4.0 acres to be non-renewed as a condition of PLA 15-019.)
(178.49 acres are subject to contract amendment.) PNR 15-026 – Williamson Act
Contract No. 06029, Ag Preserve No. 01208, located on the south side of Avenue
468, between Roads 124 and 138, outside Orange Cove (APNs 005-012-032, -033)
(Keith Swinger, Lynn Helin and Virginia Swinger) (1.07 acres to be non-renewed
as a condition of PPM 15-022.) (19.68 acres are subject to contract
amendment.) WAN 16-001 – Williamson Act Contract No. 06884, Ag Preserve No.
01609, located on the east side of Road 152, between Avenue 304 and Avenue 296
(Mineral King Avenue/State Route 198, east of the City of Visalia (APN
103-110-014) (Walter F. Bricker and Patricia F. Bricker) (6.27 acres to be
non-renewed as a condition of PPM 15-023.) (39.39 acres subject to contract amendment.)
WAN 16-002 – Williamson Act Contract No. 03545, Ag Preserve No. 0857, located
on the east side of Road 148, approximately 887 feet north of Avenue 328, west
of Ivanhoe (APNs 108-041-013 and -014) (Bruce G. Akin and Denise M. L. Akin)
(0.88 acres to be non-renewed as a condition of PLA 15-031.) (30.23 acres
subject to contract amendment.) Approve the execution of amendments to the
Land Conservation Contracts, as conditions of approval for the aforementioned
Partial Non-Renewals. Approve the execution of an amendment to one additional
Land Conservation Contract. PPM 15-011 – Williamson Act Contract No. 3550,
Agricultural Preserve No. 0862, located on the west side of Road 208, 1600 feet
north of Avenue 80, southwest of Terra Bella. (APN 319-140-033) (Jeff C.
Sheets) (8.57 acres subject to contract amendment.).
33.
Approve the “Rotary Club of
Porterville 5K/10K Run”, to be held on Saturday, April 2, 2016 from 8:00 a.m.
to 12:00 p.m. in and near the City of Porterville. Approve the Annual “Rotary
Club of Porterville 5K/10K Run” to be an on-going event for future years until
such time as conditions of the event and/or the location change, and subject to
timely submittal of a complete application for each annual event.
34.
Authorize the Chairman of the
Board to sign the voluntary Agricultural Conservation Easement associated with
Derrel’s Mini-Storage.
35.
Approve an agreement with
Wadell Engineering Corporation in the amount of $167,390 for consulting
services to update the Airport Layout Plan and design Navigation Aids for
Sequoia Field for the period of March 29, 2016 to December 31, 2017.
36.
Approve the Joint Funding
Agreement with the United States Geological Survey for water resources
investigations in the amount of $19,000, retroactive to November 1, 2015
through October 31, 2016. Find that the Board had authority to enter into the
proposed agreement as of November 1, 2015, and that it was in the County’s best
interest to enter into the agreement on that date.
Sheriff/Coroner
37.
Accept $6,648,000 in additional
SB 1022 jail construction funds from the Board of State Community Corrections.
38.
Approve a Capital Asset purchase
for an Ethernet switch in an amount not to exceed $9,500; mugshot server in an
amount not to exceed $9,500; data storage box in an amount not to exceed
$23,000; and a Server/License in an amount not to exceed $35,000. Authorize
the necessary budget adjustments (4/5ths vote required).
Workforce Investment Board
39.
Approve the Workforce
Investment Board of Tulare County Local Workforce Development Board
Recertification.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
40.
Request from the Board of Supervisors staff to recieve
input and provide direction regarding the draft Federal Legislative Priorities
for 2016.
41.
Request from the County Administrative Office to receive
Mid-Year Budget Report for Fiscal Year 2015/2016. Approve proposed schedule
for preparation and adoption of the Fiscal Year 2016/2017 budget, which
incorporates a rollover budget as the operating budget (including the Capital
Projects budget) for the period between July 1, 2016 and adoption of the Fiscal
Year 2016/2017 budget (4/5ths vote required). Adopt the personnel resolution
to add, reclassify, delete, and amend positions; and approve the required job
specifications and salary adjustments stemming from the Mid-Year Budget Report
to completion of meet and confer. Approve the Capital Asset purchase of two
blade servers ($30,000), three Cisco blade servers ($35,000), one mainframe
data storage array ($75,000), one hardware for security event management
($33,100), one uninterrupted power supply ($40,000), three vehicles ($70,500),
one fork lift ($18,000), and one trash compacter ($28,000). Waive the bid
process and authorize the Purchasing Agent to obtain purchase quotes in order
to secure delivery of three vehicles prior to June 30, 2016. Authorize the
Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County
Administrative Officer, to process any budget adjustments stemming from the
Mid-Year Budget Report (4/5ths vote required).
(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
Hold a Public Hearing to consider the
vacation of a portion of excess right of way of Road 240 between Avenue 100 and
Avenue 102, approve CEQA Exemption; see Board Of Supervisors Agenda March 29,
2016.
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 2
Hold a Public Hearing to review and accept
Tulare County's 2015 Annual General Plan and Housing Element Progress Reports;
see Board of Supervisors Agenda March 29, 2016.
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
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
Agricultural Conservation Easement Program
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
[Government
Code Section 54956.9(d)(4)]
Number of Potential Cases: 5
ITEM G
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 H
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Albert Hernandez v. Tulare
County Correctional Facility, et al.
Tulare County Superior Court Case No.
VCU264158
ITEM I
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Margarita Gallegos v. County
of Tulare
WCAB No.: ADJ2467098, ADJ1420446, ADJ2766961,
ADJ4666499, ADJ3888711
ITEM J
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Hiley Wallis v. County of
Tulare, WCAB No.: Unassigned
Claim No.: CT-14-010382
ITEM K
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: SEIU Local 521 vs. County of
Tulare,
PERB UPC No. SA-CE-782-M
ITEM L
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
[Government
Code Section 54956.9(d)(4)]
Number of Potential Cases: 1
ITEM M
CONFERENCE WITH LABOR
NEGOTIATOR
(Government
Code Section 54957.6)
Agency Designated Representative: Rhonda
Sjostrom, Michael C. Spata
Employee Organization: All Certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees
