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

 

DEANNE H. PETERSON

County Counsel


CANDICE M. RUBY

Interim Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

July 11, 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.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.               PUBLIC HEARING:   Request from the Resource Management Agency to accept the Categorical Exemption as the appropriate environmental determination consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines pursuant to Title 14, Cal. Code Regulations Section 15303, Class 3, pertaining to New Construction or Conversion of Small Structures. Direct the Environmental Assessment Officer, or his/her designee, to file a Notice of Exemption with the Tulare County Clerk as provided by CEQA. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 9201 and approve Zone Change No. PZC 17-002. Waive the final reading and adopt the amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for PZC 17-002. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 27)

 

 

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

4.               Approve an agreement with the California Department of Food and Agriculture for providing State subvention in an amount not to exceed $222,308.46 to offset costs of providing Asian Citrus Psyllid bulk citrus regulatory activities, retroactive from May 1, 2017 through September 30, 2017. Find that the Board had authority to enter into the proposed agreement as of May 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

5.               Approve an agreement with the California Department of Food and Agriculture to provide funding of $1,125 to offset the costs of providing soil and commodities treatment supervision and/or sampling for the California Department of Food and Agriculture, effective July 1, 2017 through June 30, 2018.

Auditor-Controller/Treasurer-Tax Collector

6.               Approve the amendments to the Audit Committee Bylaws.

Board of Supervisors

7.               Appoint Eva Bruce, Relative Provider - Seat 7 to the IHSS Advisory Committee for a term ending June 30, 2020.

8.               Appoint Juan Figueroa Jr., District 5 - Member to the Library Advisory Board for a term ending December 31, 2020.

9.               Reappoint Marcia Dianne Young, At Large Member and Melissa Prado, Parent/Consumer to the Tulare County Council on Child & Youth Development for terms ending June 30, 2019.

10.           Reappoint Courtney Roche, Jr. District 2 and Carol Finney, District 3 to the County Parks Advisory Committee for terms ending June 30, 2021.

11.           Reappoint Ronald Allen, Consumer - Seat 4, and Darlene Kilmartin, Non-Relative Provider - Seat 8 to the IHSS Advisory Committee for terms ending June 30, 2020.

12.           Ratify and approve an agreement with the Deer Creek Tule River Association to perform Sustainable Groundwater Management work on behalf of the Tule Sub-basin in an amount not to exceed $237,589, retroactive from April 1, 2016 through August 31, 2018. Find that the Board had authority to enter into the proposed agreement as of April 1, 2016 and that it was in the County’s best interest to enter into the agreement on that date.

County Administrative Office/General Services

13.           Ratify actions by the County Administrative Officer during the month of June 2017. Find that the activities funded pursuant to the good works funding agreements are necessary to meet the social needs of the residents of Tulare County.

14.           Approve a lease agreement for space located at 927 Center Street Suite B, Pixley California with The Pixley Foundation, retroactive from July 1, 2017. Find that the Board had authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

15.           Approve an agreement with Manco Abbott, Inc. to provide commercial property management services for the County-owned property located at 5300 W. Tulare Avenue, Visalia in an amount not to exceed the greater of $3,000 per month or 3.5% of the total monthly gross receipts from the premises, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

16.           Authorize the Property Manager, or designee, to open an escrow and sign all documents to facilitate the escrow for the dedication of the Right of Way from Sequoia Gateway LLC. Direct the Auditor to draw a warrant in an amount not to exceed $2,710 in favor of First American Title Company or the County’s designated Title Company.

County Counsel/Risk Management

17.           Ratify and approve an agreement with Thomson Reuters for a subscription to Westlaw for print publications in an amount not to exceed $34,767.60, effective July 11, 2017 through July 11, 2021.

Health & Human Services Agency

18.           Approve an agreement with Alternative Services, Inc. to allow Tulare County Health and Human Services Agency to collect a 4.5% administration fee, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

19.           Approve the Zika Preparedness and Response Grant, State Grant agreement, in an amount not to exceed $100,000, retroactive from May 10, 2017 through June 30, 2018. Find that the Board had authority to enter into the proposed agreement as of May 10, 2017, and that it was in the County’s best interest to enter into the agreement on that date. Ratify the Chairman of the Board’s signature on the initial Letter of Acceptance for the grant award. Approve the necessary budget adjustments (4/5ths vote required). Approve the capital asset purchase of a 7500 Fast Dx Real-Time PCR Instrument in an amount not to exceed $70,000.

Information & Communications Technology

20.           Approve an agreement with equivant to provide COMPAS software licenses and maintenance in an amount not to exceed $140,000, retroactive from June 30, 2017 through June 29, 2018. Find that the Board had authority to enter into the proposed agreement as of June 30, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

Resource Management Agency

21.           Approve an amendment to Agreement No. 27031 with O’Dell Engineering to increase the amount of the agreement from $187,500 to $237,000 and add additional tasks to the amended scope of work to provide Design Professional Services for the Earlimart Neighborhood Park Project. Authorize O’Dell Engineering to retroactively seek reimbursement for services associated with this amendment from the County beginning June 19, 2017.

22.           Approve an agreement with the California Department of Fish and Wildlife for the Road D39 Traver Canal Bridge Project.

23.           Approve an agreement with the State of California, acting by and through the Department of Transportation, for the exchange of Federal Transportation project funds in an amount not to exceed $887,784 for non-Federal State Highway Funds for Fiscal Year 2016/2017. Accept the $100,000 from the State as matching funds.

24.           Accept the work for the construction of the East Porterville Emergency Water Supply Improvement Well Equipping and Intertie Project as complete by JT2, Inc. DBA Todd Companies of Visalia, California. Approve the release of the 5% retention as final payment to contractor in an amount not to exceed $58,087.95. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

25.           Approve a claim to the Tulare County Association of Governments for Regional Surface Transportation Program Funds in Exchange for State Highway Account Funds for Fiscal Year 2016/2017 in an amount not to exceed $866,126, pending Tulare County Association of Governments Board approval to receive and distribute. Authorize the Resource Management Agency Fiscal Services Director to sign the Claim.

Sheriff/Coroner

26.           Approve an amendment to Agreement No. 25630 with the United States Army Corps of Engineers for law enforcement services at Success Lake Recreation Area in an amount not to exceed $72,988, retroactive from April 1, 2017 through September 7, 2017. Find that the Board had authority to enter into the proposed amendment to the agreement as of April 1, 2017, and that it was in the County’s best interest to enter into the amendment to the agreement on that date.

Workforce Investment Board

27.           Approve the San Joaquin Valley and Associated Counties Regional Plan. Authorize the Chairman of the Board to sign the Workforce Investment Board of Tulare County Local Plan.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.           Receive a presentation from the Environmental Health Division of the Health and Human Services Agency on proposed changes to Tulare County’s Well Construction Ordinance. Introduce and waive the first reading of an ordinance repealing and replacing Chapter 13 of Part IV of the Ordinance Code of Tulare County, pertaining to Construction of Wells. Set the second reading for August 1, 2017. Direct the Clerk of the Board to publish a summary of the ordinance at least five (5) days before the second reading as required by law. Waive the second reading and adopt an ordinance repealing and replacing Chapter 13 of Part IV of the Ordinance Code of Tulare County, pertaining to Construction of Wells. Direct the Clerk of the Board to publish the ordinance summary within 15 days after adoption as required by law.

29.           Request from the Resource Management Agency to adopt a resolution consenting to the inclusion of properties within the County’s unincorporated area in the California Municipal Finance Authority Open PACE Program; authorizing the California Municipal Finance Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the county and authorizing related actions.

30.           Request from the Resource Management Agency to adopt a resolution authorizing Tulare County to join and participate in the California Home Energy Renovation Opportunity (“HERO”) Program and become an associate member of the Western Riverside Council of Governments to permit the provisions of Property Assessed Clean Energy (“PACE”) Program Services which will enable property owners to finance permanently fixed renewable energy, energy and water efficiency improvements and electrical vehicle charging infrastructure on their properties.

31.           Request from the Resource Management Agency to 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.

32.           Request from the Human Resources and Development Department to approve the tentative agreement and authorize such changes to the Memorandum of Understanding between the County of Tulare and the Tulare County Professional Firefighters' Association, Bargaining Unit 23.

33.           Request from the Human Resources and Development Department to approve the tentative agreement and authorize such changes to the Memorandum of Understanding between the County of Tulare and the Service Employees International Union, representing Bargaining Units 1, 2, 3, 4, 6 & 7.

34.           Request from the Board of Supervisors staff to consider, modify as needed, and approve the responses to the 2016/2017 Tulare County Grand Jury Final Report entitled: “Did Your Vote Count in the 2016 General Election?”

35.           Request from the Board of Supervisors staff to consider, modify as needed, and approve the responses to the 2016/2017 Tulare County Grand Jury Final Report entitled: “Drought, Agriculture and Retirement How Are They Connected?”

36.           Receive a report from the County Administrative Officer regarding a potential Bicycle/Pedestrian path along Rocky Hill Drive extending from Spruce Avenue to Yokohl Drive. Support a proposed Planning and Feasibility Study to be conducted by the Tulare County Association of Governments. Direct the County Administrative Officer to take action as required by the Board.

 (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: 3

Board of Supervisors Agenda Items today pertaining to the Public Hearing for County participation in PACE and HERO programs.

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: 701 W. Center Avenue, Visalia, CA

Agency Negotiators: Michael C. Spata & Robert Newby

Negotiating Parties: Pro Development, LLC

Under Negotiation: Price and Terms of Payment, LLC

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

[Government Code Section 54956.9(d)(1)]

Name of Case:  Randy Semic v. County of Tulare

Workers’ Compensation Appeals Board No.: Unassigned

 (underlying claim No.:  CT-04-010003)

ITEM D

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.