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

 

 

December 5, 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 certify that the Board of Supervisors has reviewed and considered the information contained in the Addendum to the (2012) Tulare County 2030 General Plan Final Environmental Impact Report for the Hamlet and Community Plans 2017 Update is applicable to the General Plan Amendment and associated Zoning Ordinance Amendments for the Hamlet and Community Plans 2017 Update as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, including CEQA findings, and the Mitigation Monitoring Reporting Program for the Hamlet and Community Plans 2017 Update (GPA 17-035).  Adopt one General Plan Amendment No. GPA 17-035, for the Hamlet and Community Plans 2017 Update inclusive of the Allensworth Hamlet Plan (GPA 17-014), Delft Colony Hamlet Plan (GPA 17-015), East Tulare Villa Hamlet Plan (GPA 17-016), Lindcove Hamlet Plan (GPA 17-017), Monson Hamlet Plan (GPA 17-018), Seville Hamlet Plan (GPA 17-019), Teviston Hamlet Plan (GPA 17-020), Tonyville Hamlet Plan (GPA 17-021), Waukena Hamlet Plan (GPA 17-022), West Goshen Hamlet Plan (GPA 17-023), Yettem Hamlet Plan (GPA 17-024), Alpaugh Community Plan (GPA 17-004), East Orosi Community Plan (GPA 17-034), London Community Plan (GPA 17-008), Richgrove Community Plan (GPA 17-011), Sultana Community Plan (GPA 17-012), and Amendments to Part III of the Tulare County General Plan to adopt Hamlet and Community Plans, and to Part I General Plan Amendment to the Planning Framework,  Land Use, Environmental Resources Management (Open Space), Transportation and Circulation Elements, consistent with the Hamlet Plans 2017 Update.  Waive the final reading and adopt Amendments to Section 18.9 and Section 16 of Tulare County Ordinance 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 to adopt a Mixed-Use Combining Zone within the Allensworth, Delft Colony, East Tulare Villa, Lindcove, Monson, Seville, Teviston, Tonyville, Waukena, West Goshen, and Yettem Hamlet Development Boundaries. B. Zone Ordinance Amendment (PZC 17-039) to Section 16 to allow additional by-right uses within the Allensworth, Delft Colony, East Tulare Villa, Lindcove, Monson, Seville, Teviston, Tonyville, Waukena, West Goshen, and Yettem Hamlet Development Boundaries. 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), consistent with the Hamlet Plans 2017 Update. D. Zone Ordinance Amendment (PZC 17-041) to Section 18.9 to adopt a Mixed-Use Combining Zone within the Alpaugh, East Orosi, London, Richgrove, and Sultana Urban Development Boundaries. E. Zone Ordinance Amendment (PZC 17-042) to Section 16 to allow additional by-right uses within the Alpaugh, East Orosi, London, Richgrove, and Sultana Urban Development Boundaries. F. Zone Ordinance Amendments as set forth in the Zoning District Ordinance Maps for Alpaugh (PZC 17-004), East Orosi (No. PZC 17-005), London (PZC 17-008), Richgrove (PZC 17-011), Sultana (PZC 17-012), consistent with the Community Plans 2017 Update. Adopt the findings of approval set forth for Hamlets in Planning Commission Resolution No. 9366 (Addendum to EIR), Planning Commission Resolution No. 9367 (Hamlet Plans 2017 Update), Planning Commission Resolution No. 9368 (Section 18.9 Mixed Use), Planning Commission Resolution No. 9369 (Section 16 By-Right Uses), and Planning Commission Resolution No. 9370 (Zoning District Ordinance Maps), and Communities in Planning Commission Resolution No. 9371 (Addendum to EIR), Planning Commission Resolution No. 9372 (Community Plans 2017 Update), Planning Commission Resolution No. 9373 (Section 18.9 Mixed Use), Planning Commission Resolution No. 9374 (Section 16 By-Right Uses), and Planning Commission Resolution No. 9375 (Zoning District Ordinance Maps). Direct the Clerk of the Board of Supervisors to publish once in the Visalia Times-Delta newspaper the summary of the ordinance amendments and amended zoning map with the names of the Board of Supervisors voting for and against the amendment and to post a certified copy of the full ordinance amending the Tulare County Zoning Ordinance with the names of the Board of Supervisors voting for and against the amendment, within fifteen (15) days as required by Section 25124 et. Seq. Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk. Authorize the Director of the Resource Management Agency, or designee, to make appropriate technical revisions to the General Plan Amendment, Hamlet and Community Plans, and associated project documents. Adopt the findings of approval set forth in Planning Commission Resolution 9376 and approve the Strategic Growth Council Final Report. Approve more detailed findings incorporated by reference herein.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 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 member or member of the public on any item, that item will be removed from the Consent Agenda.

 

Auditor-Controller/Treasurer-Tax Collector

4.            Approve a revision of the CPA License requirement for the position of Chief of Financial Reporting and Auditing (Class Code: 026202) to a desirable employment standard.

5.            Introduce and waive the first reading of an ordinance amending Article 11 of Chapter 3 of Part I and section 1-23-1020 of the Ordinance Code, pertaining to transient occupancy taxes. Set the second hearing for December 19, 2017. Direct the Clerk of the Board of Supervisors to publish a summary of the ordinance before the second reading as required by law.

Board of Supervisors

6.            Appointments in Lieu of Election for terms ending December 2020.

Vandalia Water District

Stephen R. Meier – Director

Dyson Schneider – Director

Jim Zimmerman – Director

 

7.            Appoint Tina Shirley as a Child Care Provider to the Tulare County Council on Child & Youth Development for a term ending June 30, 2019.

8.            Reappoint Gamaliel Aguilar, as the At-Large Alternate to the Tulare County Planning Commission for a term ending December 31, 2021.

9.            Introduce and waive the first reading of an ordinance amending Sections 1-03-1460 and 1-03-1462 and deleting Section 1-03-1470 of Article 9 of Chapter 3 of Part I of the Ordinance Code of Tulare County, pertaining to the membership of the Tulare County Water Commission. Set the second reading for December 19, 2017. Approve the attached revised Tulare County Water Commission Bylaws and Duties.

Child Support Services

10.         Approve the Plan of Cooperation between the Tulare County Department of Child Support Services and the California Department of Child Support Services, retroactive from October 1, 2017 through September 30, 2018. Find that that the Board had the authority to enter into the Plan of Cooperation as of October 1, 2017, and that it was in the County’s best interest to enter into the Plan of Cooperation on that date. Authorize the Director of the Tulare County Department of Child Support Services to sign the Plan of Cooperation.

County Administrative Office/General Services

11.         Approve an amendment to Agreement No. 16893 with Lloyd Turner for space located at 240 E. Honolulu Ave., Lindsay.

12.         Ratify the actions by the County Administrative Officer during the months of October/November 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.

District Attorney

13.         Ratify and approve the Grant Award Agreement from the Insurance Commissioner of the State of California for the Automobile Insurance Fraud Prosecution Program for acceptance of grant funding in an amount not to exceed $180,000, 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. Ratify and approve the District Attorney’s signature on the Agreement. Direct the Clerk of the Board of Supervisors to prepare a certified copy of the resolution for the District Attorney’s Office. Agree that any liability arising out of the performance of the Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency, and acknowledge that the State of California and the California Department of Insurance disclaim responsibility for any such liability.

14.         Ratify and approve the Grant Award Agreement from the Insurance Commissioner of the State of California for the Workers’ Compensation Insurance Fraud Prosecution Program for acceptance of grant funding in an amount not to exceed $509,336, 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. Ratify and approve the District Attorney’s signature on the Agreement. Direct the Clerk of the Board of Supervisors to prepare a certified copy of the resolution for the District Attorney’s Office. Agree that any liability arising out of the performance of the Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency, and acknowledge that the State of California and the California Department of Insurance disclaim responsibility for any such liability.

Health & Human Services Agency

15.         Approve the acceptance of funds from the Governor’s Office of Emergency Services for the Fiscal Year 2017 State Homeland Security Grant Program in an amount not to exceed $546,474, retroactive from September 1, 2017 through May 31, 2020. Find that the Board had the authority to accept the grant funds as of September 1, 2017, and that it was in the County’s best interest to accept the funding on that date. Accept funds for the Tulare County Office of Emergency Services on behalf of Tulare County Sheriff-Coroner’s Office, Tulare County Animal Services, and the Public Health Emergency Preparedness Program.

16.         Approve an agreement with Orchard Software Corporation to provide service and maintenance support of the Lab Information Systems which is a continuing program in an amount not to exceed $113,359 over the three (3) year period, retroactive from July 1, 2017 through June 30, 2020. 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 Community Services & Employment Training, Inc. for the continuing Leading Educating Advocating and Dedication Program in an amount not to exceed $47,264, 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.         Approve the Memorandum of Understanding with New Era, Valley Teen Ranch, and Koinonia Foster Homes, Inc. 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 Board approval and signature through June 30, 2019.

Human Resources & Development

19.         Approve the tentative agreement and the Memorandum of Understanding between the County of Tulare and the Tulare County Deputy Sheriffs’ Association, Bargaining Units 13 and 15 from July 1, 2017 through June 30, 2019.

Library

20.         Approve the closure of the Tulare County Library Branches – Visalia, Springville, and Three Rivers – to the public on Saturday, December 23, 2017 and Saturday, December 30, 2017. Approve the closure of the Tulare County Library Branches – Visalia, Springville, and Three Rivers – to the public on the following Saturdays: January 13, 2018; February 17, 2018; May 26, 2018; September 1, 2018; November 10 and 24; and December 23, 2018. Direct staff to post notices on this closure at the Library Branches and on the Tulare County Library website.

Registrar of Voters

21.         Acknowledge the Certified Statement of Vote, as submitted by the Registrar of Voters, for the November 7, 2017 Election.

Resource Management Agency

22.         Approve an amendment to Agreement No. 26274 with the California High-Speed Rail Authority extending the contractual term by an additional two years from December 31, 2017 through December 31, 2019.

23.         Approve an amendment to Agreement No. 27432 with the California High-Speed Rail Authority to provide California High-Speed Rail Authority and its contractor additional time to (1) obtain environmental clearances, permits, and approvals for the Facility Work outlined in Sub-Utility Agreement 1.06, and (2) complete the Facility Work outlined in Sub-Utility Agreement 1.02-1.07.

24.         Authorize the submittal of the Economic Development & Planning Branch 2017/2018 Indirect Cost Rate Proposal by the Resource Management Agency to the affected public agencies.

25.         Authorize the submittal of the 2017/2018 Public Works Branch Indirect Cost Rate Proposal by the Resource Management Agency to the affected public agencies.

26.         Approve the Final Map for Phase II of Subdivision Tract No. 767. Approve an agreement to complete all required public improvements for Phase II of Subdivision Tract No. 767. Accept the road right of way dedications for Phase II of Subdivision Tract No. 767 as shown on the Final Map.

27.         Adopt the 2017 Tulare County Area Transit (TCaT) Title VI Program.

28.         FOR INFORMATION ONLY:  Bid opening results for the Avenue 144 Rehabilitation Project.

Contractor                                                                Bid Amount

Don Berry Construction                                          $2,623,095.70

Bush Engineering, Inc.                                           $2,865,135.30

Agee Construction Corporation                            $2,869,748.47

Teichert Construction                                             $2,971,301.80

Cal Valley Construction                                          $3,173,285.00

Granite Construction Co.                                        $3,173,305.00

Lee’s Paving Inc.                                                     $3,561,850.25

Engineer’s Estimate                                              $3,477,174.60

 

Sheriff/Coroner

29.         Approve a capital asset purchase of (3) Ford Utility Interceptors in an amount not to exceed $89,500. Authorize the necessary budget adjustments (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

30.         Request from the Probation Department to approve the distribution of AB 109 Base Funding estimated at $17,789,994 for Fiscal Year 2016/2017 to fund the continued implementation of criminal justice realignment in Tulare County. Approve the distribution of AB 109 Growth Funding of $1,502,507 from Fiscal Year 2016/2017 to fund the continued implementation of criminal justice realignment in Tulare County.

31.         Presentation given by the General Services Agency outlining the contractor pre-qualification process for the Sequoia Field Programming Facility. Authorize staff to pre-qualify contractors for the Sequoia Field Programming Facility and return to the Board of Supervisors with the proposed list of pre-qualified contractors.

32.         Request from the General Services Agency to award the contract to Forcum Mackey for the Design and Construction of the Forensics and Evidence Building in an amount not to exceed $3,602,643, subject to review and approval as to form by County Counsel.

33.         Request from the General Services Agency to approve an amendment to Agreement No. 27808 with DLR Group, Inc. for design changes to the Sequoia Field Programming Facility Project to increase the agreement amount by $58,000, from $2,690,000 to $2,748,000, subject to review and approval as to form by County Counsel.

 (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

See today’s agenda item pertaining to Hamlet and Community Plans 2017 Update (General Plan Amendment 17-035), Amendments to the Tulare County Zoning Ordinance No. 352 and Strategic Growth Council Grant No. 3014-631 Final Report.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 3

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Tina Kouyoumtjian, et al. v. County of Tulare, et al.

Tulare County Superior Court Case No. PCU270934

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:  Lorina Gonzalez v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ1334299

ITEM F

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  GENERAL SERVICES AGENCY DIRECTOR

ITEM G

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.