MEMBERS OF THE BOARD

(Public Comment Period)

(Timed Items)

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)

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.

Board of Supervisors

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.

Library

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.

Resource Management Agency

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.

CONTRACTOR BID AMOUNT

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.

CONTRACTOR BID AMOUNT

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.

CONTRACTOR BID AMOUNT

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 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.

(Closed Session)

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

ITEM A

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

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).

ITEM B

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

ITEM C

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

(Government Code Section 54957)

FOR THE POSITION OF: COUNTY COUNSEL

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]