(Public Comment Period)
1.
Board of Supervisors matters.
2.
Presentation given by Jennifer Pendergraft, Visalia
Rawhide General Manager, regarding the Play Ball Program.
3.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
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.
(Consent Calendar)
CONSENT CALENDAR (Numbers 5 through 25)
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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
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.
Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
7.
Approve the capital asset
purchase of one replacement server in the amount of $8,000, retroactive to July
20, 2016 due to the urgent need for the November 8, 2016 Presidential Election.
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.
County Administrative Office/General
Services
9.
Acknowledge and accept a
monetary donation in the amount of $17,000 from Rotary designated for
construction activities of the Avenue 322 Water Main Line Extension Project.
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.
Fire Department
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.
Health & Human Services Agency
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.
Information & Communications
Technology
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.
Resource Management Agency
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.
24.
Approve the Fiscal Year
2016/2017 operating budget for the Seville Water Company (4/5ths vote
required). Approve the necessary budget adjustments.
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)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
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.
28.
Request from the Resource Management Agency to approve
Phase 1 of the Tulare County Tree Mortality Task Force Tree Removal Project.
(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
Adopt an amendment to Ordinance No. 352, for
Change of Zone No. PZC 16-003. See public agenda.
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
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.
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
THREAT TO PUBLIC
SERVICES OR FACILITIES:
(Government Code Section 54957)
Consultation with: TCiCT Director
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
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
ITEM G
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
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
ITEM H
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Albert Brockman v. County of
Tulare
Workers’ Compensation Appeals Board No.:
ADJ10092016
ITEM I
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: County of Tulare v. Public
Employment Relations Board,
5th District Court of Appeals Case No.
F071240 (PERB 1)
ITEM J
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: SEIU Local 521 v. County of
Tulare, Public Employment Relations Board Case No. SA-CE-894-M (PERB 7)
20141842
ITEM K
CONFERENCE WITH LABOR
NEGOTIATOR
Agency Designated Representative: Rhonda
Sjostrom, Michael C. Spata
Employee Organization: All Certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees
