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

 

 

August 29, 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.               Presentation given by the Tulare County Sheriff's Department to introduce "Tex" the new Tulare County Sheriff K9 Officer.

3.               Recognize Jasmine Enfedjian upon her retirement from the Tulare County Fire Department for her many years of service.

4.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 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.

 

Auditor-Controller/Treasurer-Tax Collector

5.               Approve the purchase of 40 Sherriff’s replacement vehicles. Authorize payment for those vehicles through the utilization of the County’s Vehicle Internal Borrowing Program which is made possible by a loan from the General Fund, not to exceed 36 months.

6.               Select the percentage change in California per capita personal income, which is 3.69%, as the cost-of-living factor for the Gann Appropriations Limit calculation for Fiscal Year 2017/2018.

Board of Supervisors

7.               Appoint Steve Dwelle, Member #2 - Aviation to the Airport Land Use Commission for a term ending December 31, 2019.

8.               Reappoint Yonok Warson, District 1 - Seat 1 to the Tulare County Youth Commission for a term ending June 30, 2020.

9.               Approve a letter of support for SB 623, Monning. Water quality: Safe and Affordable Drinking Water Fund.

County Administrative Office/General Services

10.           Approve an amendment to Agreement No. 22813 for space located at 782 E. Washington Avenue, Earlimart with the Earlimart School District to extend the term three (3) years, retroactive from July 1, 2017. Find that the Board had the authority to enter into the proposed amendment as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

11.           Award Countywide Elevator Maintenance Contract to the lowest responsible and responsive bidder, ThyssenKrupp Elevator Corporation, in an amount not to exceed $70,940 per year, effective September 1, 2017 through June 30, 2018, subject to review and approval as to form by County Counsel.

12.           Approve an agreement for space located at 5911 South Mooney Boulevard, Visalia with Family F.O.C.U.S, retroactive from July 1, 2017. 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.

Human Resources & Development

13.           Approve a side letter agreement between the County and the Service Employees International Union, Local 521 regarding work schedules in the Emergency Dispatch Center of the Sheriff's Office.

Information & Communications Technology

14.           Approve the renewal of licenses and maintenance with Development Group, Inc. for Cisco Smartnet for Tulare County Health & Human Services Agency in an amount not to exceed $143,000, for the time period of September 1, 2017 through August 31, 2018.

15.           Approve the renewal of licenses and maintenance with Development Group, Inc. for Cisco Smartnet in an amount not to exceed $242,000, for the time period of September 1, 2017 through August 31, 2018.

16.           Approve the renewal of licenses and maintenance with Development Group, Inc. for Cisco Smartnet for Tulare County Health & Human Services Agency, TulareWORKs Division in an amount not to exceed $184,100, for the time period of September 1, 2017 through August 31, 2018.

Registrar of Voters

17.           Approve an increase to the Change Fund in the amount of $125.

Resource Management Agency

18.           Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Tulare County Clerk Recorder. Approve the designation of an All-Way STOP control at the intersection of Road 56 and Avenue 408 (Kamm), located west of Dinuba. Authorize the installation of STOP signs on Road 56 at the intersection of Avenue 408 in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

19.           Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Tulare County Clerk Recorder. Approve the designation of a Two-Way STOP controlled intersection on Road 67 at Avenue 308 in Goshen. Authorize the installation of two STOP signs on Road 67 at the intersection of Avenue 308 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).

20.           Accept the work for the construction of Avenue 196 and Orange Belt Drive Signal Actuation Project as complete by Madco Electric, Inc. of Selma, California. Direct the Clerk of the Board have the Notice of Completion recorded with the Tulare County Clerk Recorder.

21.           Approve an agreement with the California Department of Transportation for the Project Approval & Environmental Documentation (PA/ED) Phase of the Traver Jacob Street Improvements in an amount not to exceed $40,000.

22.           Approve an agreement with the California Department of Transportation for the Project Approval & Environmental Documentation (PA/ED) Phase of the Pixley Main Street Improvements Project in an amount not to exceed $37,000.

23.           Authorize the filing of Notices of Partial Non-Renewal for 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 and one (1) Tentative Parcel Map: WAN 17-009 – Williamson Act Contract No. 6984, Ag Preserve No. 2325, located at 28114 Worth Drive, on the north side of Worth Drive, approximately 1,400 feet west of Road 284, east of East Porterville (Rodger Patterson) (6.1 acres to be Non-Renewed as a condition of PPM 16-004) (62.1 acres are subject to contract amendment). WAN 17-014 – Williamson Act Contract 3530, Ag. Preserve No. 0787, on property located on the north and south sides of Avenue 152 and on the west side of Road 216, west of Porterville; Sections 30 & 31, Township 21 South, Range 27 East, MDB&M, (Homer LLC) (0.29 acres to be Non-Renewed as a condition of PLA 17-012) (197.47 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.

Sheriff/Coroner

24.           Approve an agreement with Visalia Unified School District to provide instructional services to Tulare County inmates in an amount not to exceed $128,000 annually for the period of July 1, 2017 to 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.

25.           Approve an agreement with the Earlimart School District for providing School Resource Officer services on district campuses in an amount not to exceed $37,901, 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.

26.           Approve a Memorandum of Understanding with Tulare County Agencies Regional Gang Enforcement Team for a multi-agency task force for gang suppression, retroactive from April 1, 2017 through March 31, 2019. Find that the Board had the authority to enter into the proposed Memorandum of Understanding as of April 1, 2017, and that it was in the County’s best interest to enter into the Memorandum of Understanding on that date.

27.           Authorize the submission of a grant application for funding from the U.S Department of Justice for Federal Fiscal Year 2017 to assist with the school resource officer program in an amount not to exceed $37,571.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.           Receive a presentation from the Resource Management Agency regarding the Transit Operations and Maintenance Facility project for Tulare County Area Transit. Reaffirm the Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and approved on November 27, 2013. Approve the Plans, Specifications, Proposal and Contract (“Bid Documents”) for the construction of the Transit Operations and Maintenance Facility project, subject to review and approval as to form by County Counsel. Approve the advertisement for bids of the Transit Operations and Maintenance Facility project.

29.           Request from the Resource Management Agency to approve and award the contract to the lowest responsive and responsible bidder, Agee Construction Corporation from Clovis, California for construction of Terra Bella & Richgrove Road Improvement Project in an amount not to exceed $1,011,211, subject review and approval as to form by County Counsel. Allow funds for contingencies in an amount not to exceed $63,060 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or his designee, to approve change order up to the amount of $63,060.

30.           Request from the Auditor-Controller to approve the rate of taxation of the State and County for Fiscal Year 2017/2018 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assessed valuation. Article XIII California Constitution. Approve the tax rates. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the unitary and operating non-unitary property of the County of Tulare, State of California, as computed pursuant to the provision of law.  Revenue and Taxation Code Section 100. Approve the tax rates. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount to pay the principal and interest on the bonds and for special purposes for said school districts. Revenue and Taxation Code Section 93. Approve the Special District Tax Rates. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the various districts included on the schedule of Special Districts. Revenue and Taxation Code Section 93. Approve and accept the Statement of the Valuation of the Property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector (Auditor) and filed with this Board. Government Code 25254(a).

31.           Request from the Board of Supervisors staff to provide direction to staff regarding the development of a groundwater ordinance to include or exclude the following elements: a. Unincorporated community water systems, b. Groundwater and fractured rock wells outside of the alluvial groundwater sub-basins, c. Sunset date for any restrictions, d. Exception for sustainable extraction, e. Requirements for well separation, f. Surface water and g. Groundwater exportation.

32.           Receive a presentation from the County Administrative Office regarding the projects completed in Fiscal Year 2016/2017 and the proposed Capital Improvement Plan for Fiscal Year 2017/2018 and the Parks & Recreation Maintenance and Improvement Program for Fiscal Year 2017/2018. Approve the Fiscal Year 2017/2018 Capital Improvement Plan. Approve the Fiscal Year 2017/2018 Parks & Recreation Maintenance Improvement Program.

33.           Request from the County Administrative Officer to authorize the submittal of a disbursement request to draw down $3,500,000 from the Tulare County Millennium Fund Program pursuant to Tulare County Public Financing Authority agreement. Authorize the County Administrative Officer to sign the disbursement request letter on behalf of Tulare County.

 (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: 2

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 today pertaining to Board direction regarding development of Groundwater Ordinance

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Sisto, Edward vs. County of Tulare and Rodney W. Parker, and Does 1-10, Tulare County Superior Court VCU267533

ITEM E

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 the request from the Sheriff’s Department to authorize the submission of a grant application to the U.S. Department of Justice.

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.