(Public Comment Period)
1.
Board of Supervisors matters.
2.
Present Proclamation to recognize the month of September
2016 as Rail Safety Month on behalf of the California Operation Lifesaver.
3.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
4.
PUBLIC HEARING: Request from Resource Management Agency,
in accordance with Government Code section 65858, to consider a proposed
extension of Tulare County Ordinance No. 3497 (Interim Zoning Ordinance) for an
additional period of twenty-two (22) months and fifteen (15) days. Receive,
consider, and approve a written report prepared by Tulare County Resource
Management Agency (RMA) describing the measures taken by the County to
alleviate the condition which led to the adoption of the Interim Zoning Ordinance.
Approve/reaffirm categorical exemptions per the General Rule Exemption and the
Class 8 Exemption [14 Cal. Code. Regs. Sections 15061(b)(3) and 15308],
pursuant to the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines and filed with the Tulare County Clerk Recorder on August 23, 2016.
Adopt the extension of the Interim Zoning Ordinance prohibiting the
establishment of new or expansion of existing medical marijuana entities,
including collectives, cooperatives, businesses, or other entities engaged in
commercial cannabis activity in the unincorporated areas of the County as an
urgency measure pursuant to Government Code Section 65858 (4/5ths vote
required). Approve a summary of the Ordinance and direct the Clerk of the Board
to publish and post the summary within fifteen (15) days after passage in the
Visalia Times Delta in accordance with Government Code Section 25124(b)(1).
Direct the Director of the Resource Management Agency, or his designee, to
issue a written report ten (10) days prior to the expiration of the Interim
Zoning Ordinance describing the measures taken to alleviate the conditions
which led to the adoption of the Interim Zoning Ordinance.
5.
10:00 A.M. PUBLIC HEARING: Continued Budget Hearings
1.
Adopt
the Fiscal Year 2016/2017 Final Budget for all funds and activities as modified
during the hearings for the Enterprise and Assessment District Funds, County
Service Areas #1 and #2, Special Districts, Internal Service Funds, Operating
Funds and the General Funds.
2. Amended the Personnel
Class Specifications, Class Designations, and Compensation Changes (effective
September 18, 2016) subject to meet and confer and revise as necessary.
3. Amend the Position
Allocation List reflecting adds, deletes, amends, and reclassifications subject
to meet and confer.
4. Approve a 2% cost of
living increase for County elected officials consistent with the May 19, 2015,
Resolution 2015-0340 action.
5. Approve the Board of
Supervisors cost of living increase of 2% consistent with the May 19, 2015,
Resolution 2015-0340 action and pursuant to County Ordinance No. 3444.
6. Approve salary
changes for the following elected officials:
a. Sheriff – Coroner:
Increased salary, above the cost of living adjustment, not to exceed 8%.
b. District Attorney:
Increased salary, above the cost of living adjustment, not to exceed 2%
c. Auditor – Controller:
Increased salary, above the cost of living adjustment, not to exceed 5%.
d. Assessor/Clerk –
Recorder: Increased salary, above the cost of living adjustment, not to exceed
2%.
7. Approve the salary
adjustment for the Board of Supervisors, above the cost of living adjustment,
not to exceed 4.25% (based on the average of the four elected officials cost of
living and salary adjustments).
8. Authorize the Auditor
– Controller to make the necessary minor adjustments in order to bring the
Fiscal Year 2016/2017 Budget into final balance.
(Consent Calendar)
CONSENT CALENDAR (Numbers 6 through 23)
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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
6.
Approve a Memorandum of
Understanding with the California Agricultural Commissioners and Sealers
Association to provide funding for costs associated with the CalAgPermits
System in an amount not to exceed $47,212, retroactive to July 1, 2016 through
June 30, 2017. Find that the Board had authority to enter into the proposed
Memorandum of Understanding as of July 1, 2016, and that it was in the County’s
best interest to enter into the Memorandum of Understanding on that date.
Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
7.
Authorize the creation of a
revolving fund in the amount of $10,000 to be utilized by the Finance Section
Chief when the Emergency Operations Center (EOC) has been activated.
Board of Supervisors
8.
Reappoint Rex Clark, District 4
and James Crew, District 5 to the Fish and Wildlife Commission for terms ending
September 4, 2018.
9.
Appoint Bill Whitlatch, Member
No. 1 - Aviation to the Airport Land Use Commission for a term ending December
31, 2019.
10.
Reappoint George Clausen,
Trustee to the Woodlake Public Cemetery District for a term ending January 4,
2020.
11.
Appoint Timothy Lutz, Health
and Human Services Agency Director Designee and Richard Garcia, Resource
Management Agency Representative to the Tulare County Animal Services Advisory
Committee for terms ending January 1, 2018.
County Administrative Office/General
Services
12.
Award the contract for the
TCiCT Government Plaza HVAC Replacement Project to EMCOR Services Mesa Energy
Systems in the amount of $169,878.31. 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. Approve the necessary budget adjustments (4/5ths vote
required).
Health & Human Services Agency
13.
Reaffirm the Proclamation of a
Local Emergency due to the drought in Tulare County, Resolution No. 2014-0090.
14.
Reaffirm the Proclamation of a
Local Emergency due to tree mortality in Tulare County, Resolution No.
2015-0850.
15.
Ratify the signature of the
Chairman of the Board of Supervisors on a letter signed in support of State
Senate Bill 1300 regarding the Medi-Cal reimbursement to emergency medical
transport providers.
16.
Approve changes to the Tulare
County Health and Human Services Agency Fiscal Year 2016/2017 budget to
increase the Nutrition Education and Obesity Prevention Program budget by
$119,814 from $1,056,856 to $1,176,670. Approve the necessary budget
adjustments (4/5ths vote required).
17.
Approve an agreement with
Parenting Network, Inc. for the provision of a Parent Partner Services Program
in an amount not to exceed $175,015, retroactive to July 1, 2016 through June
30, 2017. Find that the Board had the 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.
18.
Approve an agreement with
Alternative Services, Inc. to allow Tulare County Health and Human Services
Agency to collect a 4.5% administration fee, retroactive to 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.
Probation
19.
Ratify and approve a grant
award agreement with the California Office of Traffic Safety for Intensive
Probation Supervision for High Risk Felony and Repeat Driving Under the
Influence Offenders for the period of October 1, 2016 through September 30,
2017. Find that the Board had authority to enter into the grant award
agreement signed by the Chairman and dated August 30, 2016, and that it was in
the County’s best interest to enter into the agreement on that date. Ratify
the Chairman’s signature on the grant award agreement.
20.
Approve an agreement with the
City of Visalia for the Juvenile Work Program, retroactive to July 1, 2016
through June 30, 2017. Find that the Board had the authority to enter into the
Agreement as of July 1, 2016, and that it was in the County’s best interest to
enter into the Agreement on that date.
Resource Management Agency
21.
Authorize submittal of five (5)
CAL FIRE grant applications for a total of $1,000,000 in response for the
Request for Proposal issued by CAL FIRE State Responsibility Area Fire
Prevention Fund and Tree Mortality Grant Program. Certify all grant funds will
be expended prior to March15, 2019. Certify that if the application for
funding is approved, Tulare County will use the funds for eligible activities
in the manner presented in the application as approved by the State of
California which provides funds for tree mortality removal programs. Authorize
the Chairman of the Board to sign all documents in the name of the County,
including, but not limited to applications, agreements, and amendments there to
and all other documents required by the State for participation in the State
Responsibility Area Fire Prevention Fund and Tree Mortality Grant Program.
Authorize and direct the Resource Management Agency Director to conduct all
negotiations, sign fund requests and other required reporting forms which may
be necessary for the completion of the Tree Mortality Grant Program.
Sheriff/Coroner
22.
Approve a 90-day agreement with
Huntington Court Reporters & Transcription, Inc. in the amount of $125,000
to provide transcription services, effective from the date of the fully
executed agreement.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
23.
Request from the Solid Waste Department to approve an
agreement with the Cedar Avenue Recycling and Transfer Station to provide
construction and demolition debris recycling services at Tulare County
landfills for the period of October 1, 2016 through September 30, 2017, with
three (3) additional one (1) year renewals.
(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
Proposed extension of the interim ordinance
prohibiting the establishment of new or expansion of existing medical marijuana
entities, see Board of Supervisors Agenda for September 20, 2016.
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 10
Enforcement letter received from SWRCB
regarding failure to submit July 2016 bacteriological monitoring results for
Delft Colony water system; customers notified of missed sample.
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Award new C&D processing contract to
Cedar Avenue Recycling and Transfer Station; see Board of Supervisors Agenda
for September 20, 2016.
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
[Government
Code Section 54956.9(d)(4)]
Number of Potential Cases: 1
ITEM E
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: APN 050-053-006
Agency Negotiators: Michael C. Spata, Robert
Newby
Negotiating Parties: Diamond Head
Ventures/County of Tulare Tax Collector
Under Negotiation: Price and Terms of
Payment
ITEM F
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: APN 050-053-007
Agency Negotiators: Michael C. Spata,
Robert Newby
Negotiating Parties: Diamond Head
Ventures/County of Tulare Tax Collector
Under Negotiation: Price and Terms of
Payment
ITEM G
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: APN 050-053-008
Agency Negotiators: Michael C. Spata,
Robert Newby
Negotiating Parties: Diamond Head
Ventures/County of Tulare Tax Collector
Under Negotiation: Price and Terms of
Payment
ITEM H
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: APN 050-163-004
Agency Negotiators: Michael C. Spata,
Robert Newby
Negotiating Parties: BH Trust 101/County
of Tulare Tax Collector
Under Negotiation: Price and Terms of
Payment
ITEM I
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Moreno v. Visser Ranch
Tulare County Superior Court Case No.
VCU254522
ITEM J
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 3
ITEM K
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT
(Government
Code Section 54957)
FOR THE POSITION OF: COUNTY COUNSEL
ITEM L
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT
(Government
Code Section 54957)
FOR THE POSITION OF: HEALTH AND HUMAN
SERVICES AGENCY DIRECTOR
ITEM M
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT
(Government
Code Section 54957)
FOR THE POSITION OF: RESOURCE MANAGEMENT
AGENCY DIRECTOR
ITEM N
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
