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 Administrative Officer

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

November 14, 2017

3:00 P.M. Board Convenes for Closed Session

Board Chambers, Administration Building

2800 W. Burrel Avenue

Visalia, CA 93291

7:00 P.M. Board Reconvenes for Open Session

Porterville Council Chambers

291 N. Main Street

Porterville, CA 93257

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. 3:00 p.m. Closed Session Public Comments.

2. Board of Supervisors matters.

3. Public Comments.

(Closed Session)

7:30 P.M. – TIMED ITEMS

(Timed Items)

4. PUBLIC HEARING: Request from the Resource Management Agency to approve an application for funding from the State Department of Housing and Community Development 2017 Community Development Block Grant and accept the final products and closeout of Community Development Block Grant No. 14-CDBG-9892. Direct staff to submit the Final Products to the State of California Department of Housing and Community Development. Determine that Citizen Participation requirements were met during the development of the application. Authorize commitment of the required five percent (5%) or $5,000 cash match for the Planning and Technical Assistance Activity. Authorize the submittal of all signed closeout documents to the State of California Department of Housing and Community Development. Authorize and direct the County Administrative Officer to sign the final closeout certification letter and other closeout documents and act on behalf of the County in all matters pertaining to this grant application, subject to approval as to form by County Counsel. Designate the Director of the Resource Management Agency to act as the Environmental Certifying Officer in all matters pertaining to this grant. Direct the Clerk of the Board of Supervisors to provide a certified copy of the resolution.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 29)

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 members on any item, that item will be removed from the Consent Agenda if separate action is required.

Auditor-Controller/Treasurer-Tax Collector

5. Authorize Cass Cook, as Auditor-Controller/Treasurer-Tax Collector, Hiley Wallis, as Chief Deputy Treasurer-Tax Collector, and Frank Vigario, as Chief Accountant, Treasury, or their respective successors in office, to order the deposit or withdrawal of monies in the Local Agency Investment Fund and to execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby, until such time as this resolution is rescinded and such rescission is filed with the State Treasurer’s Office.

Board of Supervisors

6. Appointments in Lieu of Election for terms ending December 2021.

Lewis Creek Water District

Dan Dreyer – Director

Guy Wollenman – Director

Paul Adams - Director

7. Reappoint Darrell Taylor as Trustee to the Porterville Public Cemetery District for a term ending January 1, 2022.

8. Rescind resolution No. 2017-0930. Reappoint BJ Motko as the Partner - Kennel Operator to the Tulare County Animal Services Advisory Committee for a term ending January 1, 2021.

9. Approve an agreement with GEI, Inc. to perform Sustainable Groundwater Management work on behalf of the Kaweah Sub-basin in an amount not to exceed $166,226, effective November 14, 2017 through August 31, 2018.

County Administrative Office/General Services

10. Approve an agreement for purchase of easements from Kenneth L. Puryear, as Trustee of the Kenneth L. Puryear Trust dated January 24, 2008 and Henry P. Anderson, III, Trustee of the Henry P. Anderson, III 2009 Revocable Trust, dated September 9, 2009, for the Avenue 280 Road Widening Project in an amount not to exceed $176,673. Authorize County Counsel to sign the easement acceptances upon presentation. Authorize the Property Manager, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in an amount not to exceed $178,673 in favor of First American Title Company or the County’s designated Title Company.

Fire Department

11. Approve an agreement with the Rural Housing Service, Department of Agriculture for the receipt of grant funds in an amount not to exceed $28,170.

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 an amendment to Agreement No. 27375 with the California Department of Public Health for the existing sexually transmitted disease prevention and control program to reallocate a portion of the $82,560 awarded to the County under the original agreement retroactive from July 1, 2015 through June 30, 2019. Find that the Board had the authority to enter into the proposed amendment as of July 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

15. Approve the Memorandum of Understanding between the Tulare County Health & Human Services Agency, Child Welfare Services Division and Golden State Family Services, Inc. and North Star Family Center Foster Family Agencies to provide services on behalf of Tulare County Child Welfare Service’s foster children through cooperation, collaboration, and sharing of appropriate information, effective upon signature through June 30, 2019.

Information & Communications Technology

16. Approve purchases from Cal Bennetts for moving services in an amount not to exceed $1,230. Find that the Board had the authority to approve these purchases as of September 11, 2017, and that it was in the County’s best interest to approve the purchases on that date.

17. Approve a purchase from Cosco Fire Protection, Inc. for work performed on August 21, 2017 in an amount not to exceed $250. Find that the Board had the authority to approve this purchase as of August 21, 2017, and that it was in the County’s best interest to approve the purchase on that date.

18. Authorize the County to sponsor the 2018 Central Valley Technology Expo and Conference. Authorize invitations for outside attendees, not limited to: Valley City Governments, Valley County Governments, Valley Educational Institutions, and Valley Businesses. Authorize employees who are working during the event’s hours to attend on county time, subject to coordination and approval of their department to assure that services continue to be provided. Authorize Tulare County Information & Communications Technology to offer registered vendors different pricing options set by the venue for booth space and additional charges set by the applicable service provider for additional services needed by the registered vendors. Authorize Tulare County Information & Communications Technology to expend no more than $5,000, in the event that registration charges do not cover the cost of the event.

Probation

19. Approve an amendment to Agreement No. 27885 with the County of Inyo to provide facilities and services for the detention and/or commitment of juvenile offenders, 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 amendment on that date.

20. Approve an agreement with the California Franchise Tax Board for court ordered debt collections effective December 1, 2017 through November 30, 2020.

21. Approve an amendment to Agreement No. 27769 with the City of Dinuba for providing Non-custody Intake Program services in an amount not to exceed $15,546, retroactive from July 1, 2017 through June 30, 2018. 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 amendment on that date.

22. Approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing Program, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the agreement as of July 1, 2017, and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

23. Authorize funds to be transferred from General Services & Capital Projects to the Resource Management Agency for expenditure on the Ledbetter Park Improvement Project Phase 2. Authorize the necessary budget adjustment (4/5ths vote required). Approve and award the contract to the lowest responsive and responsible bidder, Dawson-Mauldin Construction, Inc. from Huntington Beach, California for construction of Ledbetter Park Improvement Project Phase 2 in an amount not to exceed $503,339.67, subject review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License. Allow funds for contingencies in an amount not to exceed $25,167 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or his designee, to approve change orders up to the amount of $25,167.

24. 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 Hamlet and Community Plans as follows: A. Zone Ordinance Amendment (PZC 17-038) to Section 18.9 of the Zoning Ordinance to adopt a Mixed-Use Overlay Combining Zone within the Hamlet Development Boundaries of Allensworth, Delft Colony, East Tulare Villa, Lindcove, Monson, Seville, Teviston, Tonyville, Waukena, West Goshen, and Yettem, and Zone Ordinance Amendment (PZC 17-041) to Section 18.9 of the Zoning Ordinance to adopt a Mixed-Use Overlay Combining Zone within the Urban Development Boundaries of Alpaugh, East Orosi, London, Richgrove, and Sultana. B. Zone Ordinance Amendment (PZC 17-039) to Section 16 of the Zoning Ordinance allowing additional “by-right” uses within the Hamlet Development Boundaries of Allensworth, Delft Colony, East Tulare Villa, Lindcove, Monson, Seville, Teviston, Tonyville, Waukena, West Goshen, and Yettem, and Zone Ordinance Amendment (PZC 17-042) to Section 18.9 of the Zoning Ordinance to adopt a Mixed-Use Overlay Combining Zone within the Urban Development Boundaries of Alpaugh, East Orosi, London, Richgrove, and Sultana. C. Zone Ordinance Amendments as set forth in the Zoning District Ordinance Maps for Allensworth (PZC 17-037), Delft Colony (PZC 17-015), East Tulare Villa (PZC 17-016), Lindcove (PZC 17-017), Monson (PZC 17-018), Seville (PZC 17-019), Teviston (PZC 17-020), Tonyville (PZC 17-021), Waukena (PZC 17-022), West Goshen (PZC 17-023), Yettem (PZC 17-024), Alpaugh (PZC 17-004), East Orosi (No. PZC 17-005), London (PZC 17-008), Richgrove (PZC 17-011), and Sultana (PZC 17-012), consistent with the Hamlet and Community Plans (GPA 17-035). Approve the Ordinance Amendment summaries and direct the Clerk of the Board of Supervisors 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 December 5, 2017, as required by Government Code Sections 25124 et. seq. Set the Public Hearing for December 5, 2017 at 9:30 a.m. or shortly thereafter as can be heard.

25. Introduce and waive the first reading of Zone Text Amendments (PZC 17-040) to the Tulare County Zoning Ordinance No. 352 as follows: A. Amendment to Section 2 pertaining to the definitions of bovines and bovine facilities. B. Amendment to subsection B of Part II of Section 16 to the use permitting and criteria for certain compliant bovine facilities. C. Amendment to Section 22.1 to the compliance reporting and monitoring of animal confinement facilities. D. Delete Section 15.1. Approve the Ordinance Amendment summary and direct the Clerk of the Board of Supervisors to publish such summary and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date of December 12, 2017, as required by Government Code Section 25124 et. seq. Set the Public Hearing for December 12, 2017 at 9:30 a.m. or shortly thereafter as can be heard.

26. Approve an agreement with NCM Engineering Corporation to provide Professional Engineering Consulting Services for the Avenue 174 Over Friant-Kern Canal Bridge Project in an amount not to exceed $486,512, for the period of November 14, 2017 through June 30, 2023.

27. Approve an agreement with NCM Engineering Corporation to provide Professional Engineering Consulting Services for the D112 Over Bates Slough Bridge Project in an amount not to exceed $415,420, for the period of November 14, 2017 through June 30, 2023.

28. Approve an agreement with NCM Engineering Corporation to provide Professional Engineering Consulting Services for the D112 Over North Branch Tule River Bridge Project in an amount not to exceed $534,162, for the period of November 14, 2017 through June 30, 2023.

29. Approve an amendment to Agreement No. 26005 with Provost and Pritchard Consulting Group, Inc. for Engineering and Consulting Services for infrastructure improvements to the Seville and Yettem Water Systems, to increase the amount of the agreement by $5,310.34 to $560,346.97, and extend the term of the agreement from November 30, 2017 to April 30, 2018.

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

30. Request from the Agricultural Commissioner Department to adopt a Proclamation demonstrating Tulare County’s commitment to fight and prevent the Asian Citrus Psyllid and Huanglongbing, the disease it transmits. Adopt a Resolution allowing the Office of County Counsel to represent the County of Tulare in proceedings relating to the protection of citrus trees and abatement of neglected or abandoned plants or crops pursuant to Food and Agricultural Code section 5571 and Government Code section 26528.5. Approve a budget adjustment transfer in the amount of $250,000 from Miscellaneous Administration to the Agricultural Commissioner’s Office to cover costs for infected tree removal expenses (4/5ths vote required).

31. Request from the Agricultural Commissioner Department to approve an agreement with the California Department of Food and Agriculture for providing State subvention in an amount not to exceed $384,073.95 to offset costs of providing Asian Citrus Psyllid bulk citrus regulatory activities, retroactive from October 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the 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 Personnel Resolution to add three (3) full-time, project service, Agricultural & Standards Inspector III, limited term positions. 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 and such positions shall be approved by the Board of Supervisors. The incumbents of these positions will have no layoff rights or advance notice requirements. Approve the necessary budget adjustments (4/5ths vote required).

32. Receive a presentation from Tulare County Information and Communications Technology on the status of major projects.

33. Request from the General Services Department to organize and establish the Tulare County General Services Agency. Approve a Personnel Resolution creating and allocating 1.0 FTE General Services Agency Director position and 1.0 FTE Assistant General Services Director position effective November 12, 2017. Approve a Personnel Resolution adopting class specifications and salary band for General Services Agency Director and Assistant General Services Director effective November 12, 2017. Designate car allowance for General Services Agency Director. Direct staff to evaluate the integration of purchasing into the General Services Agency and to return with identified business improvements.

(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 the closed session will be made in accordance with Government Code sections 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

See today’s Board of Supervisors public agenda item pertaining to Authorizing the Submittal of a 2017 Community Development Block Grant Application and Acceptance of Final Products and Closeout of Community Development Block Grant No. 14-CDGB-9892.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See today’s Board of Supervisors public agenda item pertaining to Text Amendments to the Tulare County Zoning Ordinance No. 352 for the Animal Confinement Facilities Plan (PZC 17-040).

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 3

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: County of Tulare vs. Bank of America, et al.

United States District Court Eastern District 1:10-CV-00628; JCCP No. 4555,

San Francisco Superior Court Case No. 08-4555

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION