(Public Comment Period)
1.
Board of Supervisors matters.
2.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
3.
PUBLIC HEARING: Request from the Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The
Project for the Avenue 280 Widening Project is consistent with the
environmental documents adopted for this project and is in conformance with the
California Environmental Quality Act (CEQA); b) The public interest and
necessity require the Project; c) The Project is planned and located in the
manner that will be most compatible with the greatest public good and the least
private injury; d) The property is necessary for the Project; e) The offer
required by Section 7267.2 of the Government Code, together with the
accompanying statement of and summary of the basis for the amount established
as just compensation, was made to the owner or owners of record and the offer
and accompanying statement and summary complied with the requirements of
Government Code Section 7267.2; and f) County Counsel is authorized to commence
an eminent domain proceeding to acquire the Subject Property. This Acquisition
of Property by Eminent Domain is for the Avenue 280 Widening Project Pursuant
to Code of Civil Procedure Section 1245.330; Gilbert and Enedina Marroquin
(4/5ths vote required).
(Consent Calendar)
CONSENT CALENDAR (Numbers 4 through 19)
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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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Board of Supervisors
4.
Reappoint Glen Fowler, District
1 to the Assessment Appeals Board for a term ending September 2, 2019.
County Administrative Office/General
Services
5.
Approve an amendment to
Agreement No. 26313 with Community Services Employment Training, Inc. for
property located at 12691 Avenue 408, Cutler to extend the term for one (1)
year, retroactive to October 8, 2016. Find that the Board had authority to
enter into the proposed agreement as of October 8, 2016, and that it was in the
County's best interest to enter into the agreement on that date.
6.
Approve payment to Bryan
Company Roll Off Services, LLC in the amount of $4,428.31 for County Lake
Patrol services. Approve payment to West Coast Arborist, Inc 0in the amount of
$3,775 for County Lake Patrol services.
Health & Human Services Agency
Information & Communications
Technology
7.
Approve the renewal with SAP
Public Services, Inc. in an amount not to exceed $149,193 to provide
maintenance and support for the Business Objects Platform Analytical Suite for
the period of December 22, 2016 through December 21, 2017.
Resource Management Agency
8.
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. Direct the Environmental Assessment Officer
of the Tulare County Resource Management Agency, or his designee, to file a
Notice of Exemption with the Tulare County Clerk. Approve the designation of an
All-Way STOP control at the intersection of Church Road (R136) and Sutter
Avenue (D133A), in Earlimart. Authorize the installation of STOP signs on
Church Road (R136) at the intersection of Sutter Avenue (D133A) 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).
9.
Approve an amendment to
Agreement No. 27031 with O’Dell Engineering to increase the amount to $207,500
and add additional tasks to the scope of work to provide landscape
architectural services for the Earlimart Neighborhood Park Project.
10.
Approve an amendment to
Agreement No. 27350 with Omni-Means, Ltd. to increase the original contract
amount by $237,032 and to extend the term of the agreement through June 30,
2019 for engineering and construction support services for the Avenue 280 Road
Widening Project.
11.
Approve Program Supplement
Agreement No. 083-N1 with the California Department of Transportation in the
amount of $1,492,000 for the construction phase of the Fifty-Seven (57)
Intersections Safety Improvement Project.
12.
Approve an agreement with the
California Department of Transportation for the construction phase of the
Avenue 196 and Orange Belt Drive Signal Actuation Project in an amount not to
exceed $132,000.
13.
Approve an agreement with the
California Department of Transportation for the preliminary engineering phase
of the Avenue 232 Safety Improvement Project in an amount not to exceed
$117,000.
14.
Approve an agreement with the
California Department of Transportation for the preliminary engineering phase
of the Avenue 328 Safety Improvement Project in an amount not to exceed
$144,000.
15.
Approve an agreement with the
California Department of Transportation for the preliminary engineering phase
of the Worth Drive (M146) Safety Improvement Project in an amount not to exceed
$75,500.
16.
Authorize the purchase of tax
defaulted real property identified by Assessor Parcel Number 050-163-004
located in the unincorporated community of Seville. Authorize and direct the Chairman
of the Board to execute the application to purchase tax-defaulted property and
any other documentation related to this purchase. Authorize the Director of the
Resource Management Agency, or authorized designee, to act on behalf of the
Agency to execute in the name of RMA a cover letter to the Tax Collector
submitting the application packet, the application to purchase tax-defaulted
property from the County of Tulare, execute the Agreement to Purchase
Tax-Defaulted Property, sign the public purpose and agency mission statements,
subject to County Counsel approval as to form and any and all other documents
or instruments necessary or required by the Tulare County Tax Collector and
State Controller’s Office. 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 not
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 Regulation, 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.
Direct the Environmental Assessment Officer of the Tulare County Resource
Management Agency, or designee, to file all Notice(s) of Exemption with the
Tulare County Clerk.
17.
Authorize the purchase of tax
defaulted real property identified by Assessor Parcel Numbers 050-053-006,
050-053-007, and 050-053-008 located in the unincorporated community of
Seville. Authorize and direct the Chairman of the Board to execute the
application to purchase tax-defaulted property and any other documentation
related to this purchase. Authorize the Director of the Resource Management
Agency, or authorized designee, to act on behalf of the Agency to execute in
the name of RMA a cover letter to the Tax Collector submitting the application
packet, the application to purchase tax-defaulted property from the County of
Tulare, Agreement to Purchase Tax-Defaulted Property, sign the public purpose
and agency mission statements, subject to County Counsel approval as to form
and any and all other documents or instruments necessary or required by the
Tulare County Tax Collector and State Controller’s Office. 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 not 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 Regulation, 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. Direct the Environmental
Assessment Officer of the Tulare County Resource Management Agency, or
designee, to file all Notice(s) of Exemption with the Tulare County Clerk.
18.
Authorize and direct the
Chairman of the Board (“Authorized Representative”) or designee to sign and
file, for and on behalf of the Entity, a Financial Assistance Application for a
financing agreement from the State Water Resources Control Board for the planning,
design, and construction of the Seville Water Distribution System, Phase 1 (the
“Project”). Designate the Authorized Representative, or his/her designee, to
provide the assurances, certifications, and commitments required for the
financial assistance application, including executing a financial assistance
agreement from the State Water Resources Control Board and any amendments or
changes thereto; provided, however, that such assurances, certifications and
commitments remain, subject to review and approval by County Counsel and the
Board of Supervisors (when appropriate). Designate the Authorized
Representative and the Resource Management Agency Director, and their
respective designees, to represent the Entity in carrying out the Entity’s
responsibilities under the financing agreement, including certifying
disbursement requests on behalf of the Entity and compliance with applicable
state and federal laws. Agree that if the application for funding is approved,
the County will comply with all applicable state and federal statutory and
regulatory requirements related to any financing or financial assistance
received and will use the funds for eligible activities in the manner presented
in the application as approved by the State Water Resources Control Board.
19.
Adopt and certify the Plainview
Sewer Feasibility report.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
20.
Request from the Resource Management Agency to approve
the Cooperative Agreement with the Allensworth Community Service District
regarding the relocation of the existing water main on Avenue 24 as part of the
California High Speed Rail 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
Marroquin - Resolution of Necessity Hearing;
See Board of Supervisors Agenda Item on October 25, 2016.
ITEM B
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: APN 119-110-012,
Southwest Corner of Avenue 280 and Road 92 (Shirk), Visalia, CA
Agency Negotiators: Michael C. Spata and
Robert Newby
Negotiating Parties: Gilbert Marroquin and
Ededina Marroquin Under Negotiation: Price and Terms of Payment
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Carol Mack v. County of Tulare
Workers’ Compensation Appeals Board No.:
ADJ1864477
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Dalyn Mauck v. County of Tulare
Workers’ Compensation Appeals Board No.:
ADJ7063150, ADJ7312607,
ADJ 7731422
ITEM E
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM F
ONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: County of Tulare v. Public
Employment Relations Board, California Court of Appeal, Fifth Appellate
District, Case No. F071240
ITEM G
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
