MEMBERS OF THE BOARD
ALLEN ISHIDA – Vice Chairman District One
PETE VANDER POEL District Two
PHILLIP A. COX District Three
J. STEVEN WORTHLEY District Four
MIKE ENNIS – Chairman District Five
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Board of Supervisors
Agenda |
MICHAEL C. SPATA County Administrator
KATHLEEN BALES-LANGE County Counsel
Chief Clerk
ADMINISTRATION BUILDING 2800 W. Burrel Avenue Visalia, CA 93291 (559) 636-5000 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)
1. Board of Supervisors matters.
2. Presentation given by Paul Yoder, Shaw/Yoder/Antwih, Inc. regarding an update on State legislation.
(Timed Items)
4. PUBLIC HEARING: Request from Resource Management Agency to certify that the Mitigated Negative Declaration for the Bear Creek Road over Rancheria Creek Bridge Project (State Clearinghouse #2016031049) is complete and adequate and has been completed in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Find that the Project is accurately described in the Mitigated Negative Declaration. Approve the Project is accurately described in the Mitigated Negative Declaration. Find that significant impacts could result from the Project, but are mitigated to a level that is less than significant by Project features or deliberate mitigation measures. Approve and adopt the Mitigated Negative Declaration, including the accompanying Mitigation Monitoring and Reporting Program. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Determination with the County Clerk.
(Consent Calendar)
CONSENT CALENDAR (Numbers 5 through 9)
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. Appoint Rosie Machado, Trustee to the Tulare Public Cemetery Board for a term ending January 2, 2017.
6. Appoint Elizabeth Holliday, Seat 1 to the Kings/Tulare Area Agency on Aging for a term ending December 31, 2019.
Information & Communications Technology
7. Approve the Memorandum of Understanding between the State of California Department of Motor Vehicles and the County of Tulare through its Information & Communications Technology Department.
8. 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 four (4) tentative parcel maps. Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial Non-Renewals:
WAN 16-016 – Williamson Act Contract No. 02369, Ag. Preserve No. 00092, located at the northeast corner of Avenue 380 and Road 208 alignment, northeast of Elderwood (APN 055-020-016) (Jose E.A. Rivera and Helen Renee Rivera) (4.60 acres to be Non-Renewed as a condition of PPM 16-005) (20.38 acres subject to contract amendment)
WAN 16-019 – Williamson Act Contract No. 04681, Ag Preserve No. 01576, located at 9979 Road 224, on the west side of Road 224, approximately 2,310 north of Avenue 96, west of Terra Bella (APN 302-330-018) (Lawrence E. & Marilyn Bamber and Marsha E. Lemoine) (4.00 acres to be Non-Renewed as a condition of PPM 16-019) (61.07 acres subject to contract amendment).
WAN 16-020 – Williamson Act Contract No. 00398, Ag. Preserve No. 00601, located on the north side of Avenue 396, between Road 88 and Road 92, south of Dinuba (APN 030-150-009) (Ross Williams) (1.97 acres to be Non-Renewed as a condition of PPM 15-042) (40.35 acres subject to contract amendment).
WAN 16-021 – Williamson Act Contract 06826, Ag. Preserve No. 02253, located at 6988 Avenue 404, on the north side of Avenue 404, approximately 2,400 feet east of Road 66, southwest of Dinuba (APN 029-140-030) (Donaldo & Asuncion Arreola) (3.70 acres to be Non-Renewed as a condition of PPM 16-017) (14.63 acres subject to contract amendment)
9. FOR INFORMATION ONLY: Bid opening results for the Earlimart Neighborhood Park Improvement Project.
JT2, Inc. dba Todd Companies $1,978,564.30
C.S. Legacy Construction $2,351,624.50
WABO Landscape & Construction, Inc. $2,384,600.00
American Paving Company $2,452,188.00
Sierra Range Construction $2,800,331.87
Engineer’s Estimate $1,767,428.00
(Items Not Timed)
Items not specifically timed may be taken in any order
10. Presentation given by Human Resources & Development on the Fiscal Year 2016/2017 County Wellness Program and activities. Direct Human Resources & Development staff to continue to research areas of interest or priorities of the Board relating to wellness and health initiatives.
11. Request from Human Resources & Development to amend Resolution No. 2011-0572 regarding Services Employees International Union Local 521 (SEIU) represented employees in Bargaining Units 1, 3, 4, 6 and 7 to replace and supersede paragraphs 4 and 5 with the following paragraphs: 4. FLEXIBLY-ALLOCATED CLASSIFICATIONS. Restore all classifications within flexibly allocated class series in accordance with Addendum B of the 2009-2011 Memorandum of Understanding (MOU) with SEIU at the beginning of the first full pay period after expiration of the MOU, and impose suspension of Personnel Rule 3.1.1 immediately thereafter; and 5. MERIT INCREASES. Restore all merit (step) increases in accordance with Addendum C of the 2009-2011 MOU with SEIU at the beginning of the first full pay period after expiration of the MOU, and impose suspension of all merit (step) increases immediately thereafter.
(Closed Session)
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. |
It is the intention of the Board to meet in closed session concerning:
Sitting as the Tulare County Board of Supervisors
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Adopt a Mitigated Negative Declaration for the Bear Creek Road over
Rancheria Creek Bridge Project.
See Board of Supervisors open session public agenda October 11, 2016
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
[Government Code Section 54956.9(d)(4)]
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
[Government Code Section 54956.9(d)(4)]
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Seguin, Henry v. County of Tulare
United States- California Eastern District: 1:16-cv-01262-DAD-SAB
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 Appeal Case No. F071240
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
(Government Code Section 54957)
FOR THE POSITION OF: COUNTY COUNSEL
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Rhonda Sjostrom, Michael C. Spata
Employee Organization: All Certified Employee Organizations
Unrepresented Employees: All Unrepresented Employees