(Public Comment Period)
1.
Board of Supervisors matters.
2.
Presentation given by Paul Yoder, Shaw/Yoder/Antwih, Inc.
regarding an update on State Legislation.
3.
Presentation of the 2017 CSAC Challenge Award to Tulare
County showing innovation in the area of Government Finance, Administration,
and Technology for the development of the project Foxtrot Fire App by the
Tulare County Information Technology and the Tulare County Fire Department.
4.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
5.
PUBLIC HEARING: Request from the Resource Management
Agency to consider the request for a cancellation of Land Conservation Contract
No. 8104 on Agricultural Preserve No. 2710, 17.8 acres on one parcel owned by
O’Sullivan Family Trust (Thomas J. & Deborah L. O’Sullivan). The project is
located on the west side of the Friant-Kern Canal and approximately 330 feet
south of Avenue 178, north of the City of Porterville. (Assessor Parcel Number
243-101-006, located in Section 9, Township 21S, Range 27E, M.D.B.&M.).
Determine that there is no substantial evidence that the project will have a
significant effect on the environment and that the Notice of Exemption prepared
for the project reflects the independent judgment of the County. Authorize the
Environmental Assessment Officer of the Tulare County Resource Management
Agency to file a Notice of Exemption with the Tulare County Clerk Recorder.
Determine that the cancellation is consistent with the purposes of the
Williamson Act. Determine and certify to the County Auditor the cancellation
fee amount shall be $32,250. The fee amount will be equal to 12.5% of the
Current Fair Market Value of $258,000. Adopt the conditions of approval for
tentative cancellation. Direct the Tulare County Clerk of the Board of Supervisors
to record a Certificate of Tentative Cancellation in the Office of the Tulare
County Clerk Recorder. Authorize the Tulare County Clerk of the Board of
Supervisors to execute the Final Certificate of Cancellation of Land
Conservation Contract No. 8104 upon which time the conditions and contingencies
have been satisfied as enumerated in the Certificate of Tentative Cancellation.
Direct the Tulare County Clerk of the Board of Supervisors to record the
executed Certificate of Final Cancellation in the Office of the Tulare County
Clerk Recorder.
(Consent Calendar)
CONSENT CALENDAR (Numbers 6 through 25)
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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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Auditor-Controller/Treasurer-Tax
Collector
6.
Approve Lindsay-Strathmore
Memorial District's request to replace their annual audit with a biennial audit
(Unanimous vote required).
Board of Supervisors
7.
Ratify the following
Proclamation: Recognizing Sheriff Mike Boudreaux's Exemplary Service to the Boy
Scouts of America.
8.
Reappoint Bud Darwin, Community
Based Organization to the Step Up Committee for a term ending September 1,
2019.
9.
Appoint Vicki Riddle as the
At-Large Member to the Tulare County Youth Commission for a term ending June
30, 2020.
County Administrative Office/General
Services
10.
Approve and authorize the
Chairman to proclaim the month of November as "Court Adoption and Permanency
Month" in Tulare County.
11.
Approve a Lease Agreement for
space located at 8040 Doe Ave., Visalia, CA with Guillon, Inc. a California
Corporation, effective November 1, 2017 through October 31, 2024.
District Attorney
12.
Authorize the Chairman of the
Board to sign the attached Alternate Signature/Grant Electronic Management
System User Authority form to designate the District Attorney and authorized
staff to administer the Alcohol and Drug Impaired Driver Vertical Prosecution
Program, for previously authorized Tulare County Agreement No. 28326.
Fire Department
13.
Approve a capital asset
purchase of one (1) Power Roller Roll-n-Rack in an amount not to exceed $6,500.
Approve the necessary budget adjustments (4/5ths vote required).
Health & Human Services Agency
14.
Accept funds from the
Governor’s Office of Emergency Services for the Fiscal Year 2017 Emergency
Management Performance Grant in an amount not to exceed $220,898, retroactive
from July 1, 2017 through June 30, 2018. Find that the Board had the authority
to accept the grant funds as of July 1, 2017, and that it was in the County’s
best interest to accept the funding on that date. Find that the Board has
fulfilled the requirement to appropriate matching funds stipulated in the
“Standard Assurances for All Cal OES Federal Grant Programs,” through adoption
of the Fiscal Year 2017/2018 Budget on September 19, 2017.
15.
Approve an agreement with
ExMed, Inc. for the provision of adult, adolescent, and child psychiatric
services in an amount not to exceed $2,000,000 ($1,000,000 per Fiscal Year),
retroactive from July 1, 2017 through June 30, 2019. 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
Turning Point of Central California, Inc. for the North County Mobile Unit to
provide mental health services in an amount not to exceed $910,000, 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.
17.
Approve an agreement with
Pena’s Disposal, Inc. for Recycle-Only Household Hazardous Waste Collection
Facility in the town of Cutler, 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.
18.
Authorize the designated
Authorized Agents for the Fiscal Year 2017 State Homeland Security Grant to
sign and submit the “Standard Assurances for All Cal OES Federal Grant
Programs. Agree to provide all matching funds required for the grant project,
and agree that any cash match will be appropriated, as necessary and required.
That any liability arising out of the performance of this agreement shall be
the responsibility of the County and the Board of Supervisors. That grant funds
shall not be used to supplant expenditures controlled by the Board of Supervisors.
The official executing the “Standard Assurances for All CalOES Federal Grant
Programs” as part of the grant application is, in fact, authorized to do so.
Resource Management Agency
19.
Authorize the submission of a
grant application for Fiscal Year 2016/2017 to the California Governor’s Office
of Emergency Services for Proposition 1B funding for transit security
enhancements in an amount not to exceed $92,320. Approve the Authorized Agent Signature
Authority form. Approve the Transit System Safety and Security Disaster
Response Account Program Assurances and Certifications.
20.
Authorize the filing of a
Notice of Partial Non-Renewal for the following Land Conservation Contract, as
provided in the Williamson Act. The request fulfills a condition resulting from
one (1) Tentative Parcel Map: WAN 17-016 – Williamson Act Contract No. 3809, Ag
Preserve No. 0866, located on the west side Road 64 extending to Road 62,
approximately 1/8 mile north of Avenue 416, west of Dinuba (APN 012-220-022),
(David L. and Barbara Ball) (1.10 acres to be non-renewed as a condition of PPM
17-032) (27.91 acres subject to contract amendment). Approve the execution of
an amendment to the Land Conservation Contract as a condition of approval for
the aforementioned Partial NonRenewal.
21.
Authorize the filing of a
Notice of Partial Non-Renewal for the following one (1) Land Conservation
Contract, as provided in the Williamson Act. The request fulfills a condition
resulting from one (1) Tentative Parcel Map: WAN 17-019 – Williamson Act
Contract No. 5506, Ag Preserve No. 2033, located approximately ⅛ mile
west of Road 244, on the south side of Avenue 216, southeast of Lindsay (APN
216-030-009 and 216-030-012), (Constance Rohe & Donald Kellerhals) (1.50
acres to be non-renewed as a condition of PPM 17-034) (27.91 acres’ subject to
contract amendment: 18.36 acres, Constance Rohe & Donald Kellerhals plus
9.55 acres, Leopoldo Gutierrez, adjacent parcel). Approve the execution of an
amendment to the Land Conservation Contract as a condition of approval for the
aforementioned Partial Non-Renewal. Approve the execution of one (1) additional
Land Conservation Contract amendment as required by a condition of the approval
for the following project: PLA 17-018 – Williamson Act Contract No. 4333,
Agricultural Preserve No. 1066, located on the north side of Avenue 240
extending to the south side of Avenue 248 approximately ¾ miles east of Road
152, south of Farmersville, (152-110-002, 152-110-003 & 152-120-002)
(Victor Mendes) 225.82 acres’ subject to contract amendment.
22.
Authorize the Tulare County
Resource Management Agency Director and Associate Director to execute all
required documents of the Public Transportation Modernization Improvement and
Service Enhancement Account Bond Program and any amendments thereto with the
California Department of Public Transportation.
23.
FOR INFORMATION ONLY: Bid
opening results for the Ledbetter Park Improvement Project Phase II.
Contractor Bid
Amount
Dawson-Mauldin Construction
$503,339.67
JT2 Inc. DBA Todd Companies
$532,683.60
Engineer’s
Estimate $379,266.50
Sheriff/Coroner
24.
Approve an agreement with the
U.S. Department of Justice Office of Violence Against Women to receive funds to
operate the Tulare County Safety and Accountability in Family Environments
(SAFE) program in an amount not to exceed $450,000, retroactive from October 1,
2017 through September 30, 2020. 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. Approve the
necessary budget adjustments (4/5ths vote required).
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
25.
Request from the Health and Human Services Agency to
approve the acceptance of funds from the California Department of Public
Health/California Tobacco Control Program for Fiscal Year 2017/2018 in an
amount not to exceed $748,627, retroactive from July 1, 2017 through June 30,
2018. Find that the Board had the authority to accept the grant funds as of
July 1, 2017, and that it was in the County’s best interest to accept the
funding on that date. Authorize the Health and Human Services Director, or
designee, to sign the Fiscal Year 2017/2018 Local Lead Agency Allocation
Agreement and Prospective Payment Invoices. Approve the necessary budget
adjustments for the Tobacco Control Program (4/5ths vote required). Authorize
the Tulare County Auditor to establish an interest bearing Trust Fund for the
deposit of State funds from Proposition 56. Approve a personnel resolution
adding two Health Education Specialists to the Health and Human Services Agency
effective November 12, 2017. If grant funding is not sufficient to fully fund
these additional positions 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, at which time
such positions shall be approved by the Board of Supervisors.
26.
Receive a report from the Solid Waste Department on the
Franchise Assignment from Tule Trash Company to American Refuse for Franchise
Area G. Direct staff to approve the assignment of Franchise Area G to American
Refuse.
27.
Receive a report from the Solid Waste Department
regarding material management of Construction and Demolition debris received at
the County landfills.
28.
Request from the Board of Supervisors Staff to send a
letter of support for immigration path to citizenship.
29.
Request from the County Administrative Office to approve
an amendment to Agreement No. 27554 with Allen Law Firm, Inc. and the Law
Office of Marcus Torigian to increase the overall compensation of the agreement
by $1,100,000 for a total of $10,435,597.42 effective July 1, 2017 through
December 31, 2018. Approve a necessary budget adjustment transfer in an amount
not to exceed $1,480,300 from Miscellaneous Administration to Miscellaneous
Criminal Justice to cover costs for Conflict Defender expenses (4/5ths vote
required).
(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
Board of Supervisors Agenda Item today,
pertaining to Agricultural Contract Cancellation WAC 16-005.
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
[Government
Code Section 54956.9(d)(4)]
Number of Potential Cases: 1
ITEM D
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 E
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Steve Sassano v. County of
Tulare
Workers’ Compensation Appeals Board Nos.:
ADJ10363702, ADJ10545518
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.
