(Public Comment Period)
1.
Swearing-in Ceremony for Supervisor Kuyler Crocker,
District One, Supervisor Pete Vander Poel, District Two and Supervisor Amy
Shuklian, District Three by the Honorable Brett Alldredge, Assistant Presiding
Judge.
2.
Farewell comments by former Supervisor Allen Ishida.
3.
Election of the Chairman and Vice Chairman of the Board
of Supervisors for the year 2017.
4.
Board of Supervisors matters.
5.
Presentation given by the District Attorney's office to
adopt January 2017 as "Human Trafficking Awareness Month" in Tulare
County.
6.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
7.
PUBLIC HEARING: Request from the Resource Management
Agency to adopt and certify that: a) the Final Environmental Impact Report
(FEIR) has been completed in compliance with the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines; b) the FEIR was presented to
the Board of Supervisors, and that the Board of Supervisors reviewed and
considered the information contained in the FEIR prior to approving the
project; and c) the FEIR reflects Tulare County’s independent judgment and
analysis for the Proposed Plainview Wastewater System Project. Adopt the CEQA
Findings of Fact included in Attachment 1 of the Board Report for this agenda
item, dated January 10, 2017. Adopt the Mitigation Monitoring and Reporting
Program included in Attachment 1 of the Board Report for this agenda item,
dated January 10, 2017. Direct the Environmental Assessment Officer, or
designee, of the Tulare Resource Management Agency to file a Notice of
Determination with the Tulare County Clerk.
(Consent Calendar)
CONSENT CALENDAR (Numbers 8 through 43)
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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
8.
Approve an agreement with the
California Department of Food and Agriculture for providing State subvention in
the amount of $371,210 to offset costs of providing Asian Citrus Psyllid
detection trapping services, retroactive to October 1, 2016 through September
30, 2017. 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
9.
Approve an agreement with the
California Department of Food and Agriculture for providing State subvention in
the amount not to exceed $1,225 to offset the costs of providing the Pink
Bollworm Cotton Plowdown and Host-Free Monitoring Program, retroactive to
November 1, 2016 through March 31, 2017. Find that the Board had authority to
enter into the proposed Agreement as of November 1, 2016, and that it is in the
County’s best interest to enter into the Agreement on that date.
Auditor-Controller/Treasurer-Tax Collector
10.
Approve an amendment to the
2009 Great-West 457 Plan Document Agreement to allow distribution of small
account balances. Approve an amendment to Agreement No. 25245 with Great-West
Life & Annuity to revise language of the performance of di minimis
distributions for Plan Participants to be rolled over into a Millennium Trust
IRA without Participant consent for the 3121 Plan.
Board of Supervisors
11.
Approve the 2017 Board of
Supervisors Committee Assignments.
12.
Cancel the following meetings
for the Board of Supervisors during 2017:
February 21 July 4 November
28
April 11 July 25 December
26
May 30 September
5
June 13 November
21
13.
Appoint the following
individuals In Lieu of Election to the Kaweah Delta Water Conservation District
for terms ending March 1, 2021: Christopher Tantau, Director - Division 1,
Michael Shannon, Director - Division 2, and Ronald B. Clarke, Director - Division
7.
14.
Appoint Supervisor Kuyler
Crocker to the following Boards, Commissions and Committees:
City of Exeter Redevelopment Successor Agency
Oversight Board – Board of Supervisors Representative to serve at the Pleasure
of the Board
City of Farmersville Redevelopment Successor
Agency Oversight Board – Board of Supervisors Representative to serve at the
Pleasure of the Board
City of Lindsay Redevelopment Successor
Agency Oversight Board – Board of Supervisors Representative to serve at the
Pleasure of the Board
Kings/Tulare Area Agency on Aging Governing
Board – Board of Supervisors Representative to serve at the Pleasure of the
Board
San Joaquin Valley Insurance Authority –
Board of Supervisors Representative to serve at the Pleasure of the Board
Tulare County Audit Committee – Board of
Supervisors Representative to serve at the Pleasure of the Board
Tulare County Water Commission – Board of
Supervisors, Alternate to serve at the Pleasure of the Board
15.
Appoint Supervisor Amy Shuklian
to the following Boards, Commissions and Committees:
Agricultural Policy Advisory Committee –
Member 18, Board of Supervisors – Regular Member to serve at the Pleasure of the
Board
Tulare County Animal Services Advisory
Committee – Board of Supervisors Representative for a term ending January 1,
2018
Tulare County Health Advisory Committee –
Board of Supervisors Representative for a term ending February 1, 2017
Kings/Tulare Area Agency on Aging Governing
Board to serve at the Pleasure of the Board
San Joaquin Valley Insurance Authority –
Board of Supervisors Representative, Alternate to serve at the Pleasure of the
Board
Tulare County Mental Health Board – Board of
Supervisors Representative to serve at the Pleasure of the Board
County of Tulare Redevelopment Successor
Agency Oversight Board to serve at the Pleasure of the Board
Step Up Committee – Board of Supervisors
Representative for a term ending September 1, 2018
16.
Appoint Supervisor Pete Vander
Poel, Member 9 - Board of Supervisors to the Tulare County Employees Retirement
Board for a term ending December 31, 2019.
17.
Appoint Supervisor Pete Vander
Poel to the First 5 Tulare County to serve at the Pleasure of the Board.
Child Support Services
18.
Approve the Plan of Cooperation
between the California Department of Child Support Services and Tulare County
Department of Child Support Services, retroactive to October 1, 2016 through
September 30, 2017. Authorize the Director of the Tulare County Department of
Child Support Services to sign the Plan of Cooperation. Find that that the
Board had authority to enter into the Plan of Cooperation as of October 1, 2016
and that it was in the County’s best interest to enter into the Plan of
Cooperation on that date.
County Administrative Office/General
Services
19.
Approve an agreement with the
Southern California Gas Company to install the required gas service main-line
and meter at the South County Detention Facility. Authorize the Chairman to
sign the agreement, subject to review and approval as to form by County
Counsel.
20.
Approve an amendment to
Agreement No. 21902 with Jon E. Maring and Tamara Maring Family Partnership,
LP, a California Limited Partnership, for property located at 3301, 3303, 3305
and 3307 S. Fairway, Visalia to extend the current lease for a period of three
(3) years, commencing on February 1, 2017 in exchange for certain upgrades.
21.
Approve an amendment to
Agreement No. 25690 with the Joe and Cora Gong Family Limited Partnership, a
California Limited Partnership, and Tom and Sarah Gong Family Limited
Partnership, a California Limited Partnership for the reimbursement of building
permit fees for the construction of two (2) exam rooms at 520 E. Tulare Avenue
and 942 S. Santa Fe Street, Visalia.
22.
Approve an amendment to
Agreement No. 27517 with Irene Chan, Successor Trustee of The Vincent Chan
Inter Vivos Trust and Carol Chan, aka Carol Ann Chan, surviving Trustee under
The Chan Living Trust dated February 3, 1999, for cost of a Southern California
Edison Company Easement within the County of Tulare Public Utility Easement,
for the Avenue 280 Road Widening Project in an amount not to exceed $500.
Direct the Auditor to draw a warrant in an amount not to exceed $500 in favor
of Carol Chan.
23.
Approve an amendment to
Agreement No. 27533 for cost of a Southern California Edison Company Easement
within the County of Tulare Public Utility Easement from Jared B. Smith, for the
Avenue 280 Road Widening Project in an amount not to exceed $500. Direct the
Auditor to draw a warrant in an amount not to exceed $500 in favor of Jared B.
Smith.
24.
Approve an amendment to
Agreement No. 27810 for cost of a Southern California Edison Company Easement
within the County of Tulare Public Utility Easement from Daniel A. Watrous and
Valerie A. Watrous, Trustees of the 2009 Watrous Family Trust, created under
instrument dated January 26, 2009, as to Parcel 1 and Daniel A. Watrous and
Valerie A. Watrous, Husband and Wife, as joint tenants, as to Parcel 2, for the
Avenue 280 Road Widening Project in an amount not to exceed $500. Direct the
Auditor to draw a warrant in an amount not to exceed $500 in favor of Daniel A.
Watrous.
25.
Approve an amendment to
Agreement No. 27844 for cost of a Southern California Edison Company Easement
within the County of Tulare Public Utility Easement from the Gurtej Dhillon MD
Defined Benefit Pension Plan and Trust, for the Avenue 280 Road Widening
Project in an amount not to exceed $500. Direct the Auditor to draw a warrant
in an amount not to exceed $500 in favor of Gurtej Dhillon MD Defined Benefit
Pension Plan and Trust.
District Attorney
26.
Approve the Grant Subaward with
the California Governor’s Office of Emergency Services for the
Unserved/Underserved Victim Advocacy and Outreach Program in the amount
$175,000, with a $43,750 match, for the period of April 1, 2017 through March
30, 2018. Authorize the County Administrative Officer, or his designee, to
sign the Certification of Assurance of Compliance.
Fire Department
27.
Approve an agreement with the
State of California Department of Forestry and Fire Protection to render aid to
one another in fire emergencies when assistance is necessary, retroactive to
September 1, 2016 through June 30, 2020. Find that the Board had the authority
to enter into the proposed agreement as of September 1, 2016, and that it was
in the best interest to enter into the agreement on that date.
Health & Human Services Agency
28.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
29.
Reaffirm the Proclamation of a
Local Emergency due to tree mortality in Tulare County Resolution No.
2015-0850.
30.
Approve the Tulare County
Council Child and Youth Development Annual Certifications Statement regarding
composition of the Local Planning Council for 2017.
31.
Approve the acceptance of funds
from the Governor’s Office of Emergency Services for the Fiscal Year 2016 State
Homeland Security Grant Program in the amount of $546,478, retroactive to
September 1, 2016 through May 31, 2019. Find that the Board had authority to
accept the grant funds as of September 1, 2016 and that it was in the County’s
best interest to accept the funding on that date. Agree: (a) To provide all
matching funds required for the grant project, and agree that any cash match
will be appropriated, as necessary and required; (b) That any liability arising
out of the performance of this agreement shall be the responsibility of the
County and the Board of Supervisors; (c) That SHSGP grant funds shall not be
used to supplant expenditures controlled by the Board; and (d) That the
official executing the “Standard Assurances for All CalOES Federal Grant
Programs” as part of the SHSGP acceptance is, in fact, authorized to do so.
Accept funds from the Tulare County Office of Emergency Services on behalf of
Tulare County Fire, Tulare County Sheriff-Coroner’s Office, and the Public
Health Emergency Preparedness Program. Approve a capital asset purchase for the
Fire Department of a Cascade Air Support System in an amount not to exceed
$144,000. Approve the necessary budget adjustments for the Fire Department and
Public Health Emergency Preparedness Program (4/5ths vote required).
32.
Authorize the submittal of an
advance application in an amount of $546,478 to the Governor’s Office of
Emergency Services for the Fiscal Year 2017 State Homeland Security Grant.
Authorize agents to act on behalf of the Tulare Operational Area in securing
and administering grant funds. Authorize the Emergency Services Manager to
submit a final application in an amount not to exceed $700,000, implementing
necessary adjustments to the contents of the application to scale the grant to
the final allocation amount, upon approval from the local approval authority.
Find that it will be impracticable for the Board to review and approve the
final application prior to submission, given the State’s anticipated timeline
of providing final allocation amounts on February 20, 2017, and requiring
revisions to be submitted by March 1, 2017.
33.
Approve an agreement with
Charis Youth Center, Inc. in an amount not to exceed $350,000 for the provision
of intensive mental health services to Tulare County minors, retroactive to
November 1, 2016 through June 30, 2018. Find that the Board had authority to
enter into the proposed agreement as of November 1, 2016, and that it was in
the County’s best interest to enter into the agreement on that date.
34.
Approve an agreement with
Valley Hospitalist Medical Group, Inc. in an amount not to exceed $120,000
($40,000 for Fiscal Year 2015/2016 and $80,000 for Fiscal Year 2016/2017) for
the provision of inpatient general medicine services for Short-Doyle and
Medi-Cal beneficiaries, retroactive to December 1, 2015 through June 30, 2017.
Find that the Board had authority to enter into the agreement as of December 1,
2015, and that it was in the County’s best interest to enter into the agreement
on that date.
35.
Approve the Memoranda of
Understanding between the Tulare County Health & Human Services Agency,
Child Welfare Services Division with Promesa Behavioral Health and Transition
Children’s Services Foster Family Agencies to provide services on behalf of
Tulare County Child Welfare Service’s foster children through cooperation,
collaboration, and sharing of appropriate information, effective upon signature
through June 30, 2019.
Information & Communications
Technology
36.
Approve the capital asset
purchases of a digital comparator, four (4) analog comparators and four (4) UHF
voting receivers from Motorola Solutions in an amount not to exceed $41,745.
Approve a capital asset purchase of licensed microwave equipment from Aviat
Networks in an amount not to exceed $41,611. Approve the purchase of various
radio components from Talley, Inc. in an amount not to exceed $5,167. Approve
the purchase of four (4) grounding frames from Valmont in an amount not to
exceed $1,528. Approve the cost of installation of radio voting equipment at
five County sites and other costs in an amount not to exceed $19,949. Approve
the necessary budget adjustments (4/5ths vote required).
Resource Management Agency
37.
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 a
One-Way STOP controlled intersection on Oscar Street (LA275) at Road 148 and on
Water Street (LA274A) at Road 148. Authorize the installation of one STOP sign
on Oscar Street (LA275) at Road 148 and one STOP sign on Water Street (LA274A)
at Road 148 in accordance with the provisions of Section 2B.04 of the 2014
California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section
22450(c) of the California Vehicle Code (CVC).
38.
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 a Two-Way
STOP controlled intersection at Smith Road (D107A) and Woods Avenue (D112A) in
Tipton. Authorize the installation of two STOP signs on Smith Road (D107A) at
the intersection of Woods Avenue (D112A) in accordance with the provisions of
Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices
(CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).
39.
Adopt a resolution authorizing
Tulare County to join and participate in the California Home Energy Renovation
Opportunity (HERO) Program, which will enable property owners to finance
permanently fixed renewable energy, energy and water efficiency improvements
and electrical vehicle charging infrastructure on their properties.
40.
Receive, consider, and approve
the written report prepared by Tulare County Resource Management Agency
describing the measures taken by the County to alleviate the condition which
led to the adoption of the Nonmedical Marijuana Interim Zoning Ordinance
(Ordinance No. 3500).
41.
Review and adopt a Resolution
consenting to Inclusion of Properties within the County’s Jurisdiction in CHF
Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable
Energy Generation, Energy Efficiency, Water Conservation and Electric Vehicle
Charging Infrastructure Improvements. Review and adopt a Resolution consenting
to Inclusion of Properties within the County’s Unincorporated Area in the CHF
PACE Program to Finance Renewable Energy Generation, Energy and Water
Efficiency Improvements and Electric Vehicle Charging Infrastructure.
Sheriff/Coroner
42.
Approve the Tulare County
Sheriff’s Department's creation of a Jail Industry Authority to monitoring Jail
Industries.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
43.
Request from the Sheriff's Department to approve the
Memorandum of Understanding between the Workforce Investment Board and Tulare
County Sheriff’s Department in an amount not to exceed $85,779, retroactive to
December 1, 2016 through June 30, 2018. Find that the Board had authority to
enter into the Memorandum of Understanding as of December 1, 2016, and that it
was in the best interest to enter into the Memorandum of Understanding on that
date. Approve the necessary budget adjustments (4/5ths vote required).
Approve and authorize a Personnel Resolution increasing the Sheriff’s position
allocation by one Inmate Programs Specialist. 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.
(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
See Board of Supervisors Public Agenda Item
January 10, 2017, pertaining to the Certification and Adoption of the Final
Environmental Impact Report for the Proposed Plainview Wastewater Treatment
System Project.
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
(Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1
Board of Supervisors agenda item for January
17, 2017 will include a public hearing to consider extending for an additional
term of up to 22 months and 15 days the Interim Ordinance adopted December 6,
2016 prohibiting (1) commercial nonmedical marijuana activities; (2) outdoor
cultivation of nonmedical marijuana on a private residence; and (3) indoor
cultivation of nonmedical marijuana, except indoor cultivation that complies
with certain reasonable regulations, in the unincorporated areas of the County.
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation
(Government Code Section 54956.9(d)(2))
Number of Potential Cases: 2
County participation in PACE and HERO
programs; see Board of Supervisors agenda for January 10, 2017.
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 LEGAL
COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Seguin, Henry v. County of
Tulare United States District Court, Eastern District of California:
1:16-cv-01262-DAD-SAB
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
(Government Code Section 54956.9(d)(4))
Number of Potential Cases: 1
ITEM G
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Adrian Marquez v. County of
Tulare
Workers’ Compensation Appeals Board Nos.:
FRE0188712, FRE193588
ITEM H
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Rick Sanchez v. County of
Tulare
Workers’ Compensation Appeals Board No.:
ADJ2690140
ITEM I
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Tulare Pediatric Health Care
Center v. California Department of Health Care Services,
Superior Court of California, County of Los
Angeles, Case No. BS166705
ITEM J
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: SEIU Local 521 v. County of
Tulare, Public Employment Relations Board Charge No. SA-CE-748-M
(On remand from California Court of Appeal,
Fifth Appellate District Case No. F071240)
ITEM K
PUBLIC EMPLOYEE
PERFORMANCE EVALUATION:
(Government Code Section 54957)
FOR THE POSITION OF: COUNTY COUNSEL
ITEM L
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
