MEMBERS OF THE BOARD
ALLEN ISHIDA – Vice Chairman
PETE VANDER POEL
PHILLIP A. COX
J. STEVEN WORTHLEY
MIKE ENNIS – Chairman
Board of Supervisors
MICHAEL C. SPATA
2800 W. Burrel Avenue
Visalia, CA 93291
FAX (559) 733-6898
9:00 A.M. Board Convenes
Board of Supervisors Chambers
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)
4. PUBLIC HEARING: Request from Resource Management Agency to 2. Accept the Categorical Exemption as the appropriate environmental determination consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines pursuant to Title 14, Cal. Code Regulations Section 15303, Class 3, pertaining to New Construction or Conversion of Small Structures. Direct the Environmental Assessment Officer or designee to file a Notice of Exemption with the Tulare County Clerk as provided by CEQA. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 9201 and approve Zone Change No. PZC 16-003. Waive the final reading and adopt an amendment to Ordinance No. 352, for Change of Zone No. PZC 16-003 (Corvera) to change the zone on approximately 4.92 acres from AE-40 (Exclusive Agriculture – 40 acre minimum) to R-A-43 (Rural Residential – 1 acre minimum), north of Exeter. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.
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.
5. Approve $8,000 for projects recommended by the County Fish and Wildlife Commission for Fiscal Year 2016/2017. Authorize the Agricultural Commissioner to approve disbursement of funds for these projects upon adoption of the Fish and Wildlife Propagation Program (Fund 011) budget for Fiscal Year 2016/2017. Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for projects recommended by the County Fish and Wildlife Commission. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk.
6. Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $10,398.00 to offset costs of providing pest detection services for Light Brown Apple Moth, effective October 1, 2016 through June 30, 2017.
8. Approve the Candidate Statement Regulations and Printing Fees for 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 200-400 words for Local Offices and 250 words for State Offices.
10. Approve Contract Change Order Nos. 1 and 2 for the East Porterville Emergency Water Supply Well Drilling Project in the amount of $41,345. Approve payment to Contractor for contract contingencies of $41,345 in excess of the contract bid amount including Contract Change Order Nos.1 and 2. Accept the work for the construction of East Porterville Emergency Water Supply Well Drilling Project as complete by Zim Industries, Inc. of Fresno, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.
11. Authorize payment to CSAC-EIA (California State Association of Counties-Excess Insurance Authority) in the amount of $1,065,000 to cover the insurance premium associated with the Owner Controlled Insurance Program (OCIP) for the South County Detention Facility.
12. Approve an agreement with the Kaweah Delta Health Care District wherein the County will provide outgoing mail services, retroactive to July 1, 2016 through June 30, 2019. Find that the Board had authority to enter into the proposed agreement as of July 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.
13. Approve an agreement with the California Department of Corrections and Rehabilitation for reimbursement invoice payments in an amount not to exceed $60 million for the South County Detention Facility. Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel. Authorize the County Administrative Officer and Deputy CAO - General Services and Capital Projects to submit reimbursements requests on behalf of the County for this project.
14. Approve a Resolution for recordation giving “Public Notice” that the portion of property encumbered in Tulare County Land Conservation Contract recorded February 23, 1977 in Volume 3393, Page 404 of official records in the office of the Tulare County Recorder was void over and of no effect to property acquired by the County of Tulare by Grant Deed Recorded September 22, 1988 and recorded in Volume 4751, Page 329 of official records in the office of the Tulare County Recorder. Direct the Clerk of the Board of Supervisors to have a copy of the approving resolution recorded in the office of the Tulare County Recorder.
15. Approve an amendment to Lease Agreement No. 23478 with Guillon, Inc., a California Corporation, to construct certain improvements and to extend the term of the agreement five (5) years, commencing upon Board approval for space leased at 8040 Doe Avenue, Visalia.
16. Approve an agreement with Yvette M. Casas for Purchase of a Temporary Construction Easement for the D39 Traver Canal Bridge Project in the amount of $720.00. Authorize County Counsel to sign the Temporary Construction Easement acceptance upon presentation. Direct the Auditor to draw a warrant in the amount of $720.00 in favor of Yvette M. Casas.
17. Approve an amendment to Agreement No. 23880 with City of Exeter to revise the cost sharing formula for fire prevention and suppression services, retroactive to June 30, 2016. The agreement is retroactive due to inadvertent delays in obtaining authorized signatures. Find that the Board had the authority to enter into the proposed agreement as of June 30, 2016, and that it was in the County’s best interest to enter into the agreement on that date.
18. Approve the named provider sites as facilities designated by the County and approved by the State Department of Health Care Services for a 72-hour treatment and evaluation. Approve the classes of individuals who may, upon probable cause, take, or cause to be taken, mentally disordered individuals described in California Welfare and Institutions Code Section 5150 into custody and place them into a facility for 72-hour treatment and evaluation. Approve the designations under this Resolution effective through June 30, 2017. All previous designations are hereby revoked. Authorize and direct the Clerk of this Board to send certified copies of this Resolution to the Director of each authorized facility, the Director of Turning Point of Central California, the Director of Tulare Youth Service Bureau, and the Director of Tulare County Office of Education Behavioral Health Services.
19. Approve an amendment to Agreement No. 26334 with Family HealthCare Network for the Nutrition Education and Obesity Prevention Program to promote increased fruit and vegetable consumption and physical activity among Supplemental Nutrition Assistance Program to eligible populations in an amount not to exceed $217,000, retroactive to October 1, 2013 through September 30, 2016. Find that the Board had the authority to enter into the proposed amendment as of October 1, 2013, and that it was in the County’s best interest to enter into the amendment on that date.
20. Approve an agreement with ExMed, Inc. in an amount not to exceed $1,100,000 for the provision of adult, adolescent, and child psychiatric services, retroactive from July 1, 2016 through June 30, 2017. Find that the Board had authority to enter into the proposed agreement as of July 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.
21. Approve an agreement with the California Department of Health Care Services to ensure the security and privacy of Medi-Cal Personally Identifiable Information effective August 9, 2016 through September 1, 2019.
22. Approve the renewal of license and maintenance with Novacoast in an amount not to exceed $476,709.90 to provide user licenses and maintenance support for Novell GroupWise email and Novell Operating System, retroactive to August 1, 2016 through July 31, 2017. Find that the Board had authority to enter into the proposed renewal as of August 1, 2016, and that it was in the County’s best interest to enter into the renewal on that date.
23. Authorize the submission of a grant application for Fiscal Year 2015/2016 to the California Governor’s Office of Emergency Services in the amount of $112,761 for Proposition 1B funding for transit security enhancements. Approve the Authorized Agent Signature Authority form. Approve the Transit System Safety and Security Disaster Response Account Program Assurances and Certifications.
25. Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that the proposed activity will have a significant effect on the environment and determine that the Categorical Exemption is consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of 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. Approve the designation of an All-Way STOP control at the intersection of Avenue 56 (Sierra Avenue) and Road 208. Authorize the installation of STOP signs on Avenue 56 (Sierra Avenue) at the intersection of Road 208 in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).
(Items Not Timed)
26. Request from the District Attorney to accept grant funding in the amount of $400,000 from the California Governor’s Office of Emergency Services for a new Elder Abuse Program, retroactive to July 1, 2016 through June 30, 2018. Find that the Board had authority to accept grant funding as July 1, 2016, and that it was in the County's best interest to accept grant funding on that date. Approve the Personnel Resolution amending the Fiscal Year 2016/17 position allocation to add two (2) Victim Witness Worker II positions, effective August 21, 2016. If grant funding is not sufficient to fully fund these additional positions in future fiscal years, such positions shall be deleted so as not to incur any net County cost, unless there are extenuating circumstances justifying retention of the affected positions and such positions shall be approved by the Board of Supervisors. Approve the necessary budget adjustments (4/5ths vote required).
27. Request from the Resource Management Agency to approve the submission a grant application to the Highway Safety Improvement Program for the following projects: Avenue 424 Corridor Improvements in the amount of $1,550,000; and Drive 134 (Spacer Drive) Corridor Improvements in the amount of $260,000. Authorize the Director of the Resource Management Agency, or his designee, to sign the grant application.
NOTICE TO THE PUBLIC
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.
Number of Potential Cases: 1
Adopt an amendment to Ordinance No. 352, for Change of Zone No. PZC 16-003. See public agenda.
Number of Potential Cases:
Appeal by Dinuba Citizens for Responsible Planning, San Joaquin Valley Environmental Defense Center, and Roger Wazdatskey of Final Site Plan No. PSR 14-005 for Richard Best Transfer.
Number of Potential Cases: 1
Number of Potential Cases: 1
Consultation with: TCiCT Director
Name of Case: Godinez, Lourdes vs. Jamie Sanchez, County of Tulare, Solano Ana Martinez and Does 1-50
Tulare County Superior Court Case No. VCU260603
Name of Case: R.R. a minor by and through his Guardian ad litem Debra Ruiz, et al. v. Tulare County et al.
USDC – Eastern District 1:16-cv-00570-AWI-SKO
Name of Case: Albert Brockman v. County of Tulare
Workers’ Compensation Appeals Board No.: ADJ10092016
Name of Case: County of Tulare v. Public Employment Relations Board,
5th District Court of Appeals Case No. F071240 (PERB 1)
Name of Case: SEIU Local 521 v. County of Tulare, Public Employment Relations Board Case No. SA-CE-894-M (PERB 7) 20141842
Employee Organization: All Certified Employee Organizations
Unrepresented Employees: All Unrepresented Employees