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)
1. Board of Supervisors matters.
3. PUBLIC HEARING: Request from the Resource Management Agency to consider the information contained in the Final Supplemental Program EIR is applicable to the General Plan Amendment for the Tulare County 2016 Health and Safety Element Update. Certify the Final Supplemental Program EIR, as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, for the Tulare County 2016 Health and Safety Element Update. Adopt one General Plan Amendment consisting of the following project: Tulare County 2016 Health and Safety Element Update (GPA 16-004). Adopt the findings of approval set forth in Planning Commission Resolutions No. 9237 (CEQA), and No. 9238 (Tulare County 2016 Health and Safety Element Update (GPA 16-004). Incorporate the adopted Tulare County Multi-Jurisdiction Hazard Mitigation Plan into the Tulare County 2016 Health and Safety Element Update. The plan provides guidance and insight into the hazards that exist in Tulare County and suggests possible mitigation projects. The plan should be consulted when addressing known hazards to ensure the general health and safety of Tulare County residents. Adopt the entirety of the above findings and actions as one General Plan Amendment No. 2016-B; the Second General Plan Amendment of 2016. Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file the Notice of Determination with the Tulare County Clerk. Authorize the Director of the Resource Management Agency, or designee, to make appropriate technical revisions to the Tulare County 2016 Health and Safety Element Update (GPA 16-004), and associated project documents.
CONSENT CALENDAR (Numbers 4 through 23)
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.
4. Appointments in Lieu of Election for short-term ending December 1, 2018.
Goshen Community Services District Tulare Memorial District
Kevin Bell – Director Tom Donwen – Director 1 Non-Veteran
Lindsay – Strathmore Irrigation District Ivanhoe Public Utility District
Clifford R. Loeffler – Director Division 5 Gilbert Barajas – Director Seat 5
Ivanhoe Memorial District Porter Vista Public Utility District
Jose Verduzco – Non Veteran Garold Lasure – Director Seat 4
Sequoia Memorial District
Trent Lindsay – Director 2 Veteran
5. Appointments in Lieu of Election for terms ending December 4, 2020.
Allensworth Community Services District
Sherri Hunter – Director
Pastor Herrera Moreno – Director
Alpaugh Community Services District
Roger Strickland – Director
Davon Gary Gregory – Director
Benjamin Patrick Anderson – Director
Alpine Village – Sequoia Crest Community Services District
John Kinder – Director
Pearl Christine Rivers – Director
Ducor Community Services District
Stan Carter – Director
J.R. Cantu – Director
London Community Services District
Dorothy Keltner – Director
Aaron Morgan – Director
Patterson Tract Community Services District
Danny Holquin – Director
Sylvia Santiago – Director
Sultana Community Services District
Shawn Reagan – Director
Michael Prado Jr. – Director
Teviston Community Services District
Elida Ruelas – Director
Frank Galaviz – Director
Three Rivers Community Services District
Jacki Fletcher – Director
David Vasquez – Director
Robert Groeber – Director
Tipton Community Services District
Helen Joyce Ferrell – Director
Doug Cardoza – Director
Orange Cove Fire Protection District
Lee C. Bailey – Commissioner
Woodlake Fire Protection District
Shane Hendrick – Commissioner
Manuel Villegas – Commissioner
Alta Health Care District
Paul G. Romero – Zone No. 2
Exeter Ambulance District
Stacey Walter – Director
Tony Miller – Director
Darinda Kunkle – Director
Alpaugh Irrigation District
Ranveig Kaja Magden – Director Division 1
Virgil Cotter – Director Division 2
Douglas William Jackson – Director Division 3
Delano – Earlimart Irrigation District
Mark J. Kovacavich – Director Division 4
Pete Hronis – Director Division 5
Ducor Irrigation District
Joel Hopkins – Director
John Rangel – Director
Henry Owen – Director
Exeter irrigation District
C. Robert Ward – Director Division 2
Joseph E. Ferrara – Director Division 3
Ivanhoe Irrigation District
Robert L. Felts Jr. – Director
Doug Phillips – Director
Terrance Peltzer – Director
J.M. Smith – Director
Lindmore Irritation District
Edward Milanesio – Director Division 3
John A. Arnold – Director Division 5
Lindsay – Strathmore Irrigation District
James R. Williams – Director Division 3
Michael W. Noell – Director Division 4
Lower Tule River Irrigation District
Tom Barcellos – Director Division 3
Gary Fernandes – Director Division 4
Orange Cove Irrigation District
Arlene D. Miller – Director Division 4
Pixley Irrigation District
Randell Parreira – Director Division 3
Frank Eugene Junio – Director Division 5
Saucelito Irrigation District
Lucille N. Demetriff – Director Division 1
Mark O. Merritt – Director Division 2
Eric R. Merritt – Director Division 3
Stone Corral Irrigation District
Teresa Dir – Director
Tom Runyon – Director
David C. Roberts – Director
Terra Bella Irrigation District
Geoffrey C. Galloway – Director Division 2
Glen Fowler – Director Division 4
Tulare Irrigation District
Scott Rogers – Director Division 3
Richard Borges Jr. – Director Division 4
David Bixler – Director Division 5
Dinuba Memorial District
Jose Rocha – Director 3 Veteran
Joe Trinidad Rivera – Director 4 Non-Veteran
Ruth E. Padilla – Director 5 Non-Veteran
Ivanhoe Memorial District
Colin Carter – Director Veteran
Jose Duarte – Veteran
Orosi Memorial District
Jose Quevedo – Director 5 Non-Veteran
Porterville Memorial District
Don R. Dowling – Director 3 Non-Veteran
Allen Pundt – Director 4 Veteran
Michael K. Rooke – Director 5 Non-Veteran
Sequoia Memorial District
James Gordon – Director 4 Non-Veteran
Troy Jones – Director 5 Veteran
South Tulare County Memorial District
Floyd Fields – Director 4 Veteran
Jose Villalobos – Director 5 Veteran
Springville Memorial District
John T. Millwee – Director 1 Veteran
Jason I. Otter – Director 2 Veteran
Larry Marcotte – Director 3 Non-Veteran
Terra Bella Memorial District
Juan Lopez – Director 4 Veteran
James Tatum – Director 5 Veteran
Three Rivers Memorial District
Peter Lippire – Director 4 Non-Veteran
Richard Fletcher – Director 5 Veteran
Tulare Memorial District
James Pidgeon – Director 1 Veteran
Phillip Vandergrift – Director 2 Veteran
Manuel J. Toledo – Director 3 Veteran
Visalia Memorial District
Gregory Dais – Director 2 Veteran
Dennis Sirkin – Director 4 Veteran
Aaron Richey – Director 5 Non-Veteran
Cutler Public Utility District
Armando Porras – Director Seat 1
Javier E. Hernandez – Director Seat 4
Earlimart Public Utility District
Frank Cisneros – Director Seat 3
Ivanhoe Public Utility District
Cathleen Perez – Director Seat 1
Gilbert Cano – Director Seat 2
Victor R. Box – Director Seat 3
Orosi Public Utility District
Anthony Rubalcaba – Director Seat 1
Lucy Rodriguez – Director Seat 2
Johnny Sandoval – Director Seat 4
Pixley Public Utility District
David Terrel – Director Seat 1
Bob Chandler – Director Seat 4
Roger Ward – Director Seat 5
Porter Vista Public Utility District
Richard Corbit – Director Seat 1
Ramiro Tapia – Director Seat 3
Springville Public Utility District
Carol Brumett – Director Seat 4
Dennis Martin – Director Seat 5
Lemon Cove Sanitary District
Michael C. Lampman – Director
William F. Pensar - Director
County Administrative Office/General Services
6. Approve a payment in an amount not to exceed $149,398.24 to the City of Visalia for costs associated with relocating the underground telecommunications fiber optic utilities and storm drain pipes as part of the Mineral King Sewer Improvement Project.
7. Award the contract for the Countywide Space Improvement and Relocation Project Phase I to the lowest responsible bidder Forcum Mackey, Inc. in an amount not to exceed $3,117,000. Authorize the Chairman to sign the construction agreement upon receipt of insurance, bonds, license verification, and contract subject to review and approval as to form by County Counsel.
8. Approve December 13, 2016 at 10:30 a.m as the date and time to receive public comment regarding the Board’s intent to consummate the purchase of real property at 1223 S. Lovers Lane in the City of Visalia whose Assessor’s Parcel Numbers are 100-190-066 and 100-190-067. Instruct the County Administrative Officer, or his designee, to publish the Notice of Intent to Purchase Real Property once a week for three consecutive weeks pursuant to Government Code §25350 and §6063.
Health & Human Services Agency
9. Reaffirm the Proclamation of a Local Emergency due to drought in Tulare County Resolution No. 2014-0090.
10. Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.
11. Approve an amendment to Agreement No. 26831 with Plumas County acting as the host entity of the Local Government Agency over the Medi-Cal Administrative Activities and Targeted Case Management Trust fund, retroactive to July 1, 2016 through June 30, 2017. Find that the Board had authority to enter into the proposed amendment as of July 1, 2016, and that it was the County’s best interest to enter into the amendment on that date.
12. Approve the closure of Tulare County Animal Services to the public on November 26, 2016. Direct staff to post notices on this closure at the shelter and on the Animal Services website. Approve a reduction in adoption fees commencing December 19, 2016 and ending December 23, 2016 in an effort to increase the number of animals adopted prior to the end of the year.
13. Approve the annual Certification Statements for California Children’s Services and Child Health and Disability Prevention in an amount not to exceed $3,089,039, retroactive to July 1, 2016 through June 30, 2017. Find that the Board had authority to approve the annual Certification Statements as of July 1, 2016, and that it was in the County’s best interest to approve the statements on that date.
14. Approve an agreement with Kaweah Delta Hospital Foundation for the Nutrition Education and Obesity Prevention Program, retroactive to October 1, 2016 through September 30, 2017 to promote increased fruit and vegetable consumption and physical activity among Supplemental Nutrition Assistance Program eligible population in an amount not to exceed $71,000. Find that the Board had authority to enter into the proposed agreement as of October 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.
15. Authorize the Tulare County Library to waive extended use fees during the month of December 2016 for donations to local charities of food and other goods received in the Library.
16. Introduce and waive the first reading of an Ordinance amending Chapter 15 of Part VII and Chapter 21 of Part I of the Ordinance Code pertaining to building regulations and the Fire Chief’s authority in Tulare County. Set the public hearing for December 6, 2016 at 9:30 a.m. or shortly thereafter as can be heard. Direct the Clerk to publish a summary of the Ordinance before the second reading as required by law.
17. Approve an amendment to Agreement No. 27376 with Lane Engineers, Inc. for the Avenue 152 Safety Improvement Project, modifying the term of the agreement and work schedule, retroactive to October 6, 2015 through July 31, 2017. Find that the Board had authority to enter into the proposed agreement as of October 6, 2015, and that it was in the County’s best interest to enter into the agreement on that date.
18. Approve the execution of amendments to the following two (2) Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from one (1) Lot Line Adjustment Map: Williamson Act Land Conservation Contract No. 10662, Ag. Preserve No. 3651, located a ¼ mile west of Road 96 at the end and both sides of Avenue 194, southwest of Tulare (APN 174-150-002 and 174-150-014) (Mark Trigueiro) (79.60 acres to be Amended as a condition of PLA 15-041). Williamson Act Land Conservation Contract No. 19948, Farmland Security Zone No. 1001, located a ¼ mile west of Road 96 at the end and both sides of Avenue 194, southwest of Tulare (APN 174-150-002 and 174-150-014) (Nichols Farms) (161.10 acres to be Amended as a condition of PLA 15-041).
19. Approve and award the base bid contract for construction of the Earlimart Neighborhood Park Improvement Project in an amount not to exceed $2,068,261.04 to the lowest responsive and responsible bidder, JT2, Inc. DBA Todd Companies from Visalia, California. Approve and award the additive bid items for construction of the Earlimart Neighborhood Park Improvement Project in an amount not to exceed $409,722.95 to the lowest responsive and responsible bidder, JT2, Inc. DBA Todd Companies from Visalia, California. Authorize funds to be transferred from the General Services & Capital Projects to the Resource Management Agency for expenditure on the Earlimart Park Project. Authorize the necessary budget adjustment (4/5th vote required). Allow funds for contingencies in an amount not to exceed $70,923 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or his designee, to approve change orders not to exceed $70,923 to cover unexpected construction conditions. Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT
20. Authorize funds to be transferred from the Flood Control District to the Resource Management Agency for expenditure on flood control measures for the Earlimart Park Project. Authorize the necessary budget adjustments (4/5th vote required).
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS
21. FOR INFORMATION ONLY: Bid Opening results for the 57 Intersection Safety Improvement project.
American Civil Contractors West Coast LLC. $1,166,000
Lees Paving Inc. $1,188,412
Avison Construction Inc. $1,219,845
Granite Co. $1,266,053
Engineer’s Estimate $1,210,027
22. FOR INFORMATION ONLY: Bid opening results for the Avenue 196 and Orange Belt Drive Signal Actuation project.
Madco Electric Inc. $398,151
Loop Electric Inc. $445,265
Lees Paving Inc. $526,038
Engineer’s Estimate $456,478.32
23. FOR INFORMATION ONLY: Bid Opening results for the Earlimart Neighborhood Park Improvement project.
JT2 Inc. DBA Todd Companies $2,070,970.60
Sierra Range Construction $2,075,082.04
Stockbridge General Contracting $2,153,565.00
C.S. Legacy Construction $2,159,780.10
Engineer’s Estimate $2,027,337.54
(Items Not Timed)
Items not specifically timed may be taken in any order
24. Request from the District Attorney Office to accept grant funding in an amount not to exceed $723,061 from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the period of October 1, 2016 through June 30, 2019. Ratify and approve the Chairman’s signature on the Cooperative Agreement. Approve the Personnel Resolution amending the Fiscal Year 2016/2017 position allocations of the District Attorney’s office to add one DA Investigator, effective November 13, 2016. If grant funding is not sufficient to fully fund this additional position 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).
25. Request from the Sheriff's Department to approve the Personnel Resolution amending the Fiscal Year 2016/2017 position allocation of the Sheriff's Office to add one grant funded Sheriff's Deputy II, effective November 20, 2016. If grant funding is not sufficient to fully fund this additional position 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).
26. Request from the Health and Human Services Agency to approve the expansion of the Commercially Sexually Exploited Children Support Program by accepting $548,662 in State funds to be used to provide services and case management assistance to identified victims and at-risk youth and coordinate cross-departmental response with law enforcement, as required by State and Federal law, retroactive to July 1, 2016. Find that the Board had authority to enter into the proposed program as of July 1, 2016, and that it was in the County’s best interest to enter into this program on that date. Approve the necessary budget adjustments (4/5ths vote required). Approve the Personnel Resolution to add the following allocations: 3.0 FTE- Social Services Worker III-Child Welfare Services; 1.0 FTE- Licensed Social Worker; 1.0 FTE- Staff Services Analyst III; and 1.0 FTE- Investigator- Health & Human Services. Approve the Class Specification Resolution for the revision of Investigator-Health and Human Services.
27. Request from the County Administration Office to approve the office re-organization of the Board of Supervisors and approve the Personnel Resolutions to add the following allocations: 1.0 FTE – Executive Assistant to the Board of Supervisors; 1.0 FTE – Board of Supervisors Representative I - III. Delete the following allocation: 1.0 FTE – Program Administrator. Approve the Class Specification Resolution. Authorize the necessary budget adjustments (4/5ths vote required).
28. Request from the County Administration Office to approve a Joint Powers Agreement with Lindmore Irrigation District, Lindsay-Strathmore Irrigation District, Exeter Irrigation District, Ivanhoe Irrigation District, Stone Coral Irrigation District, and the City of Lindsay to form the East Kaweah Groundwater Sustainability Agency. Appoint a Director and Alternate Director to the JPA Board.
29. Request from the Resource Management Agency to authorize the use of $1.5 million in Road Funds to fund the Project Approval/Environmental Document Phase for the Caldwell Avenue Interchange on State Route 99.
30. Receive a report from the Resource Management Agency regarding the findings and decisions of the Ad Hoc Project Review Committee for the Transit Operations and Maintenance Facility. Ratify the findings and decisions of the Ad Hoc Project Review Committee for the Transit Operations and Maintenance Facility.
31. Request from the County Administration Office to approve the proposed letter to Edison International (Southern California Edison). Authorize the Chairman of the Board of Supervisors to sign the letter.
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.
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)]
See Board of Supervisors Public Agenda Item November 15, 2016, pertaining to General Plan Amendment 2016-B Tulare County 2016 Health and Safety Element Update (GPA 16-004).
CONFERENCE 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
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
(Government Code Section 54957)
FOR THE POSITION OF: COUNTY COUNSEL
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency Designated Representative: Rhonda Sjostrom, Michael Spata
Employee Organization: All Certified Employee Organizations
Unrepresented Employees: All Unrepresented Employees