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

 

 

October 3, 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.               Recognize Rita Woodard upon her retirement as the Auditor-Controller/Treasurer Tax Collector for her many years of County service.

3.               Adopt a resolution proclaiming the week of October 23-31, 2017 as “Red Ribbon Week” in Tulare County.

4.               Presentation given by Human Resources and Development Department and the Tulare County Fire Department regarding the Recognition of Pink Tuesday.

5.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 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.

 

Board of Supervisors

6.               Appoint Karen Elliott, Health and Human Services Agency Member to the Tulare County First 5 for a term ending at the Pleasure of the Board.

7.               Appoint Dave Byl, Alternate American Ambulance of Visalia #4 to the Emergency Medical Care Committee for a term ending at the Pleasure of the Board.

8.               Appoint Richard Johnson, Trustee and Bill Postlewaite, Trustee to the Tulare Public Cemetery District for terms ending January 6, 2020.

9.               Approve sending a letter of opposition to the California State Water Resources Control Board regarding Semitropic Water Storage District’s petition and application.

County Administrative Office/General Services

10.           Approve the Request for Proposals for mobile food vendor services at the Civic Center and Visalia Government Plaza, subject to approval as to form by County Counsel. Authorize staff to request proposals for onsite mobile food services.

11.           Approve the Plans and Specifications for the Space Improvement and Relocation Program Phase II, subject to review and approval as to form by County Counsel. Authorize the advertisement of bids for the subject project. Set the Bid Opening for the project at 2:00 PM on Thursday, November 16, 2017.

12.           Award the contract for chemical water treatment to Ramco, Inc., dba Pacific Water Technologies in an amount not to exceed $191,832 per year. The contract will be prorated for 9 months in the amount of $143,874, effective October 3, 2017 through June 30, 2018.

District Attorney

13.           Approve an agreement with the California Governor’s Office of Emergency Services to fund the Human Trafficking Advocacy Program in an amount not to exceed $86,323, for the period of October 1, 2017 through September 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date. Authorize the County Administrative Officer, or his designee, to sign the Certification of Assurance of Compliance.

Health & Human Services Agency

14.           Approve the closure of Tulare County Animal Services to the public on November 25, 2017. Direct staff to post notices on this closure at the shelter and on the Animal Services website.

15.           Approve an agreement with Woodlake Unified School District for the provision of a Differential Response Pre and Post Services program in an amount not to exceed $101,000, 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.           Approve an agreement 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 to update the fee structure, 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 the County’s best interest to enter into the agreement on that date.

17.           Approve an amendment to Agreement No. 27346 with the California Department of Public Health, for the Women, Infants, and Children Program in an amount not to exceed $20,768,125, retroactive from October 1, 2015 through September 30, 2019. Find that the Board had the authority to enter into the proposed amendment as of October 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

Resource Management Agency

18.           Approve and award the contract to the lowest responsive and responsible bidder, Agee Construction Corporation, of Clovis, California for construction of the D39 Traver Canal Bridge Project in an amount not to exceed $539,509, subject to review and approval as to form by County Counsel. Allow funds for contingencies in an amount not to exceed $39,475 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 $39,475.

19.           Approve General Plan Initiation No. GPI 17-002 to authorize the applicant, Derrel’s Mini Storage, to file an application for a General Plan Amendment to change the land use designation from “Mooney Corridor” to “Mixed Use” on a 14.0-acre parcel located on the east side of Mooney Blvd. (SR 63), approximately 700 feet south of Avenue 264 and the City of Visalia. Assessor’s Parcel Number 150-050-014.

20.           Approve an agreement with Krazan and Associates, Inc. to provide material testing services for the Avenue 280 Widening Project – Segment 1 in an amount not to exceed $100,000, subject to review and approval as to form by County Counsel.

21.           Reject all bids received on September 11, 2017 for the Navigation Aids at Sequoia Field Airport Project. Approve the re-advertisement for bids for the Navigation Aids at Sequoia Field Airport Project, subject to revision in accordance with Federal Aviation Administration direction.

22.           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 One-Way STOP controlled intersection on Avenue 92 at Road 234, located in the community of Terra Bella. Authorize the installation of a STOP sign on Avenue 92 at Road 234, 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).

23.           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 One-Way STOP controlled intersection on Grant Drive (D84) at Palmer Avenue (D83), located in Allensworth. Authorize the installation of a STOP sign on Grant Drive at Palmer Avenue, in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

24.           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 One-Way STOP controlled intersection located on the north and south segments of Road 152 at Avenue 336, located northwest of the community of Ivanhoe. Authorize the installation of one STOP sign on the north and one STOP sign on the south segment of Road 152 at Avenue 336, in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

25.           Authorize submittal of an application for a State Airport Improvement Program Matching Grant for the Construction of Navigation Aids at the Sequoia Field Airport in an amount not to exceed $17,988 by the Director of the Resource Management Agency. Authorize the Chairman of the Board to act on behalf of the County to accept the allocation and execute in the name of the County of Tulare, the AIP Matching Grant agreement with the State of California, subject to review and approval as to form by County Counsel.

26.           Introduce and waive the first reading of text amendments to Section 18.9 and Section 16 of Tulare County Ordinance No. 352, the Zoning Ordinance, and Map Amendments to rezone properties consistent with the Earlimart Community Plan 2017 Update as follows: Zone Ordinance Amendment (PZC 17-033) to Section 18.9 of the Zoning Ordinance to adopt a Mixed-Use Overlay Combining Zone within Earlimart. Zone Ordinance Amendment (PZC 17-034) to Section 16 of the Zoning Ordinance allowing additional by-right uses within Earlimart. Zone Ordinance Amendment (PZC 17-035) as set forth in the Zoning District Ordinance Map (Rezoning Plan), consistent with the Earlimart Community Plan 2017 Update. Approve the Ordinance Amendment summaries and direct the Clerk of the Board to publish such summaries and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date of October 17, 2017, as required by Section 25124 et. seq. Set the Public Hearing for October 17, 2017 at 9:30 a.m. or shortly thereafter as can be heard.

27.           Introduce and waive the first reading of Text Amendments to Section 18.9 and Section 16 of Tulare County Ordinance No. 352, the Zoning Ordinance, and Map Amendments to rezone properties consistent with the Legacy Plans as follows: Zone Ordinance Amendment (PZC 17-031) to Section 18.9 of the Zoning Ordinance to adopt a Mixed-Use Overlay Combining Zone within the Legacy Development Boundaries of El Monte Mobile Village, Hypericum, Jovista, Matheny Tract and Tooleville. Zone Ordinance Amendment (PZC 17-032) to Section 16 of the Zoning Ordinance allowing additional “by-right” uses within the Legacy Development Boundaries of El Monte Mobile Village, Hypericum, Jovista, Matheny Tract and Tooleville. Zone Ordinance Amendments as set forth in the Zoning District Ordinance Maps for El Monte Mobile Village (PZC 17-025), Hypericum (PZC 17-026), Jovista (PZC 17-027), Matheny Tract (PZC 17-029) and Tooleville (PZC 17-030), consistent with the Legacy Plans (PZC 17-033. Approve the Ordinance Amendment summaries and direct the Clerk of the Board to publish such summaries and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date of October 17, 2017, as required by Government Code Sections 25124 et. seq. Set the Public Hearing for October 17, 2017 at 9:30 a.m. or shortly thereafter as can be heard.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.           Receive a presentation and survey from Tulare County Association of Government regarding growth scenarios for the 2018 Regional Transportation Plan/Sustainable Communities Strategy.

29.           Request from the General Services Department to open, examine, and declare sealed proposals for the development of property, identified as Assessor’s Parcel Numbers 094-287-001 and 094-281-007, located near 210 N. Court Street in Visalia and referred to as the Historic Courthouse Square. Call for oral bids that exceed by not less than five percent the amount of the highest legitimate sealed proposal. Direct staff to return on October 17, 2017 with a recommendation to pursue negotiations with the top qualified successful bidders, or a recommendation to reject all bids.

 (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

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  McDowell vs. Hector Ramos, Jr. 

Tulare Superior Court Case No. VCL180075

ITEM C

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 D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  County of Tulare v. Tulare Local Heath Care District

Tulare County Superior Court Case No. 271247

ITEM E

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.