MEMBERS OF THE BOARD

 

KUYLER CROCKER

District One

 

PETE VANDER POEL - Chairman

District Two

 

AMY SHUKLIAN

District Three

 

J. STEVEN WORTHLEY – Vice Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel



 

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

March 28, 2017

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

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.               Adopt a resolution proclaiming the first full week in April 2017 to be “Healthy Tulare County Week” coinciding with National Public Health Week with the theme of “Make a Small Change."

3.               Presentation to adopt a resolution proclaiming April 2017 as "Child Abuse Prevention Month" in Tulare County.

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.               PUBLIC HEARING:   Request from the Resource Management Agency to Review and accept Tulare County’s 2016 Annual General Plan and Housing Element Progress Reports.  Authorize transmittal of these reports to the California Governor’s Office of Planning and Research and California’s Department of Housing and Community Development.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 21)

 

 

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.

 

Agricultural Commissioner/Sealer

6.               Introduce and waive the first reading of Ordinance amending Article 8 of Chapter 5, Part VI of the Ordinance Code pertaining to the theft of nuts. Set the public hearing for April 18, 2017 at 9:30 a.m. or shortly thereafter as can be heard. Direct the Clerk to publish a summary of the ordinance and post a full copy of the ordinance after adoption as required by law.

Registrar of Voters

7.               Approve the request from the following districts to change from odd-numbered to even-numbered year elections, with the election to be consolidated with the General Election to be held on the first Tuesday after the first Monday in November of an even-numbered year. Authorize the Election Official to perform all necessary and required services to the aforementioned districts relating to the conduct of the election of district directors. Affirm that all dates and procedural requirements of such election shall be consistent with applicable law with respect to nomination, notices, canvass of votes, certification of election and all other procedural requirements of the Elections Code pertaining to the Primary or General Election. Authorize the Election Official to issue a bill to the District for reimbursement of costs for services performed in connection with such election.

Ponderosa Community Services

Poplar Community Services

Richgrove Community Services

Tract 92 Community Services

Strathmore Fire Protection

Alta Irrigation

Exeter Memorial

Lindsay-Strathmore Memorial

Woodlake Memorial

Strathmore Public Utility

Woodville Public Utility

Columbine Elementary School

Monson-Sultana Joint Union Elementary

Stone Corral School

 

Board of Supervisors

8.               Ratify the following proclamation: honoring Doug Mederos as the 2017 Tulare Kiwanis Farmer of the year.

9.               Reappoint Louise Jackson, Historical Society Member to the Museum Board for a term ending February 13, 2020.

County Administrative Office/General Services

10.           Approve the lease amendment with the General Services Administration for office space at 5300 W. Tulare Avenue in Visalia, subject to review and approval as to form by County Counsel.

County Counsel/Risk Management

11.           Authorize Interim Risk Management to renew the County’s Excess Workers’ Compensation, General Liability and Optional Excess Liability, Aviation, Master Crime Policy, Watercraft, Property and Cyber Liability Insurance Programs through CSAC-EIA, and authorize Risk Management to pay the premium invoices upon receipt. Ratify the renewal of the Excess Workers' Compensation, General Liability and Medical Malpractice programs, and that it is in the County’s best interest to enter into these programs. Find that Risk Management has authority to renew the Excess Workers’ Compensation, General Liability I & II and Medical Malpractice programs and that it is in the County’s best interest to enter into these programs. Authorize the Interim Risk Manager, in consultation with the CAO office, to approve the payment of insurance program costs and premiums unless directed otherwise by the Board of Supervisors.

Health & Human Services Agency

12.           Reaffirm the Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.

13.           Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

14.           Approve the spending plan recommendations from the Child Protection Planning Council and the Child Abuse Prevention Council for the following funding sources: Promoting Safe and Stable Families; Child Abuse Prevention; Intervention and Treatment; and Child Welfare Services Fund for Fiscal Years 2017/2018 through 2021/2022.  The total amount of funding is $880,000.

15.           Ratify and approve a Grant Application Certification signed by Supervisor Ennis on February 14, 2017 with the Local Enforcement Agency Grant Program (Enforcement Agency cycle 28) funds for the purpose of supporting solid waste facilities permit and inspection programs in an amount not to exceed $24,193, effective July 1, 2017 through June 30, 2018. Find that the Board had authority to submit the Application Certification signed by Supervisor Ennis and dated February 14, 2017, and that it was in the County’s best interest to submit the Application Certification.

16.           Approve the termination of agreement with ROAM, d.b.a SkyLife, effective April 1, 2017 due to sale of business of Air Methods Corporation. Approve an agreement with Air Methods Corporation for the provision of emergency air ambulance services within the boundaries of Tulare County, effective from April 1, 2017 through March 31, 2019.

Resource Management Agency

17.           Authorize and approve a loan in an amount not to exceed $41,410.69 from County funds to pay for the parcels until the County can be reimbursed by future grant funding. Approve the necessary budget adjustment to purchase tax-defaulted real property in Seville (4/5ths vote required).

18.           Authorize the filing of Notices of Partial Non-Renewal for the following six (6) Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from three (3) Lot Line Adjustment maps and three (3) Tentative Parcel Maps: WAN 16-032 – Williamson Act Contract No. 4610, Ag. Preserve No. 1501, located at 13853 Avenue 400, on the south side of Avenue 400 (Conejo Avenue), approximately 1,500 east of Road 136, south of Cutler (APN: 035-220-011) (Blanca A. Gonzalez) (.63 acres to be Non-Renewed as a condition of PLA 16-004) (Contract amendment filed with WAN 16-034). WAN 16-034 – Williamson Act Contract No. 4494, Ag. Preserve No. 1501, located at 13959 Avenue 400, on the south side of Avenue 400 (Conejo Avenue), approximately 1,500 feet east of Road 136, south of Cutler (APN: 035-220-010) (Guadalupe & Thu Salcedo) (1.49 acres to be Non-Renewed as a condition of PPM 16-009) (37.12 acres are subject to contract amendment). WAN 16-035 – Williamson Act Contract No. 6937, Ag. Preserve No. 2368, located at 6315 Avenue 430, on the southwest corner of Avenue 430 and Road 64, north of Dinuba (APN: 012-190-034) (Earl L. & Esther J. Enns) (1.69 acres to be Non-Renewed as a condition of PPM 16-053) (18.38 acres are subject to contract amendment). WAN 17-001 – Williamson Act Contract No. 2408, Ag. Preserve No. 150, located at 17635 Road 224 and 17639 Road 224, on the northwest corner of Avenue 176 and Road 224, north of Porterville (APN’s: 243-420-012 and 243-420-013) (Christine Racca) (3.79 acres to be Non-Renewed as a condition of PPM 16-034) (50.44 acres are subject to contract amendment). WAN 17-002 – Williamson Act Contract No. 5815, Ag. Preserve No. 1800, located at 23993 Avenue 212, southeast corner of Avenue 212 and Road 236, southeast of Lindsay (APN’s: 216-020-026 and 216-020-027) (Michael W. & Robin R. Noell and Vernon Forrest & Joan Wakefield Noell) (1.87 acres to be Non-Renewed as a condition of PLA 16-035) (20.58 acres are subject to contract amendment). WAN 17-003 – Williamson Act Contract No. 5711, Ag. Preserve No. 2018, located at 23002 Close Avenue, east side of Road 228 (Evans Road), between Avenue 317 and Avenue 320, east of Lindcove (APN: 113-350-025) (Milo J. & Elia A. Gorden and Jean-Claude Dercle) (1.72 acres to be Non-Renewed as a condition of PLA 16-025) (31.71 acres are subject to contract amendment). Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial Non-Renewals.

19.           Approve an agreement with the California Department of Transportation for the Preliminary Engineering Phase of the Road M348 over South Fork Kaweah River Bridge Project in an amount not to exceed $448,000.

Sheriff/Coroner

20.           Approve an agreement with L-3 Communications Corporation for the purchase of two driving simulators in an amount not to exceed $233,172.

Solid Waste

21.           Approve an amendment to Agreement No. 27189 with Waste Management, Inc. d.b.a USA Waste of California to replace the Rate Adjustment Methodology described in Section 11.2 and Exhibit B of the Franchise Agreement.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

22.           Request from the General Services Department to open, examine, and declare sealed bids for office space at 5300 W. Tulare Ave., Visalia. Call for oral bids that exceed by not less than five (5) percent the amount of the highest legitimate sealed bid. Direct staff to return April 4, 2017 with a proposed successful bidder.

23.           Request from the County Administrative Office to approve an amendment to Agreement No. 27551 with Conway Consulting Group for special consulting services for intergovernmental projects and programs in an amount not to exceed $24,000, effective April 1, 2017 through September 30, 2017.

24.           Receive a presentation from the County Administrative Office regarding the Strategic Management Review of the Tulare County Registrar of Voters. Direct the County Administrative Officer to return as soon as practicable to the Board of Supervisors consistent with the instructions of the Board. Appoint Michelle Baldwin as the Registrar of Voters and authorize the annual salary of $104,000.

25.           Receive a presentation from the Board of Supervisors staff and hold a discussion on the Governor of California's Transportation Funding Package. Direct staff to prepare letters of support for AB 1 (Frazier) and SB 1 (Beall), transportation and funding reform measures.

 (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

Board of Supervisors Agenda Item today pertaining to Tulare County’s 2016 Annual General Plan and Housing Element Progress Report.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 5

Board of Supervisors Agenda Item today pertaining to the First Amendment to the Solid Waste Franchise Agreement with Waste Management, Inc., d.b.a. USA Waste of California.

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: APN 005-070-075

Agency Negotiators: John Hess and Robert Newby

Negotiating Parties: Borghild Corporation

Under Negotiation: Price and Terms of Payment

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: APN 005-070-074

Agency Negotiators: John Hess and Robert Newby  

Negotiating Parties: Harval Groves, LLC. 

Under Negotiation: Price and Terms of Payment

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: APN 005-070-076; APN 005-070-079

Agency Negotiators: John Hess and Robert Newby

Negotiating Parties: James and Ana Sherwood

Under Negotiation: Price and Terms of Payment

ITEM F

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees