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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
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Board of
Supervisors
Agenda
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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
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9:00 A.M. Board Convenes
Board of Supervisors
Chambers
2800 W. Burrel Avenue
Visalia, CA 93291
The
Board of Supervisors meets simultaneously as the Board of Supervisors, the
Board of Directors of all dependent Special Districts governed by the Board,
and the Governing Body of each and every other public entity for which the
Board of Supervisors serves as the Governing Body.
PLEDGE OF ALLEGIANCE
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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.
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(Public Comment Period)
1.
Board of Supervisors matters.
2.
Presentation of the 2017 Movember participants and
announcement of the Challenge Winners.
3.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
4.
PUBLIC HEARING: Request from the Resource Management
Agency to certify by separate resolution the Final Environmental Impact Report,
prepared for the proposed Animal Confinement Facilities Plan, and Dairy and
Feedlot Climate Action Plan (Dairy CAP) (SCH # 2011111078). Adopt the proposed
California Environmental Quality Act Findings of Fact, Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program (MMRP) for the
ACFP and Dairy CAP. Adopt by separate resolution, one General Plan Amendment
No. GPA 10-002 (proposed ACFP), and the Dairy CAP, and waive the second reading
and adopt the proposed ordinance amending the Zoning Ordinance to implement the
proposed ACFP (PZC 17-040). Adopt by separate resolution, the Criteria and
Standards for Administrative Action for Certain Compliant Bovine Facilities.
Direct the Clerk of the Board of Supervisors to publish once in the Visalia
Times-Delta newspaper the summary of the ordinance amendments 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 Recorder. Authorize the Director of the Resource Management
Agency, or designee, to make appropriate clerical revisions to the General Plan
Amendment, Dairy and Feedlot CAP, Zone Change, and associated project
documents.
5.
PUBLIC HEARING: Request from the Resource Management
Agency to consider the vacation of a portion of excess right of way of Azalea
Avenue in the community of Ivanhoe. Determine that said portions of excess
right of way of Azalea Avenue are unnecessary for present or prospective use
and the vacation is in the public interest. Order that said excess right of way
of Azalea Avenue be and is hereby vacated, reserving therefrom an easement for
public utilities and an easement for pedestrian access. Determine that the
vacation is exempt from the California Environmental Quality Act pursuant to
the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct
the Environmental Officer to sign and file a Notice of Exemption with the
Tulare County Clerk Recorder. Direct the Clerk of the Board of Supervisors to
cause a certified copy of the Resolution to be recorded in the office of the
Tulare County Clerk Recorder.
6.
PUBLIC HEARING: Request from the Fire Department for
Fire Hazard Abatement Cost Recovery. Confirm the accounting as modified. Order
that the costs as confirmed be recorded in the office of the Tulare County
Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax
Collector place such costs on the County Tax Roll as special assessments
against the respective parcels of land.
(Consent Calendar)
CONSENT CALENDAR (Numbers 7 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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Board of Supervisors
7.
Ratify Proclamation Honoring
the Tulare County Farm Bureau on its 100th Anniversary.
8.
Appoint Nilsa Gonzalez as the
Health and Human Services Agency Director Designee to the Tulare County Animal
Services Advisory Committee for a term ending January 1, 2018.
9.
Approve the List of Appointive
Offices on Regulatory Commissions and Advisory Boards, Commissions and
Committees for vacancies on Boards and Commissions and Special Districts
occurring in 2018 for compliance with the Maddy Act and authorize posting.
District Attorney
10.
Approve an agreement with the
California Office of Emergency Services to provide continuing funding for the
Victim/Witness Assistance Program in an amount not to exceed $498,031,
retroactive from 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. Ratify the signatures of the Project Director, Financial Officer,
and their signature designees on the Signature Authorization form.
11.
Accept grant funds from the
State of California Office of Traffic Safety in an amount not to exceed
$115,715 for Fiscal Year 2017/2018 and $37,905 for Fiscal Year 2018/2019.
Approve the necessary budget adjustments (4/5ths vote required).
General Services Agency
12.
Approve an amendment to
Agreement No. 26928 with Chas Rhoads Architecture to increase the contract
amount by $3,800, from $239,000 to $242,800, subject to review and approval as
to form by County Counsel.
13.
Accept the HVAC and Roof
Replacement Project as a completed project. Approve an amendment to Agreement
No. 28038 with EMCOR to increase the contract time by 17 calendar days, from
120 days to 137 days, subject to review and approval as to form by County
Counsel. Direct the Clerk of the Board of Supervisors to record the Notice of
Completion for the Project with the office of the Tulare County Clerk Recorder.
14.
Accept the Cooling Tower
Replacement Project as a completed project. Approve an amendment to Agreement
No. 27867 with EMCOR to increase the contract time by 184 calendar days, from
123 days to 304 days, subject to review and approval as to form by County
Counsel. Direct the Clerk of the Board of Supervisors to record the Notice of
Completion for the Project with the office of the Tulare County Clerk Recorder.
Health & Human Services Agency
15.
Reaffirm the Proclamation of a
Local Emergency due to the Drought in Tulare County Resolution No. 2014-0090.
16.
Reaffirm the Proclamation of a
Local Emergency due to Tree Mortality in Tulare County Resolution No.
2015-0850.
17.
Approve a Memorandum of
Understanding with Kaweah Delta Medical Center, Diabetes Center to increase
client access to Diabetic services which is a continuing program, retroactive
from January 1, 2016 through June 30, 2019. Find that the Board had the
authority to enter into the proposed Memorandum of Understanding as of January
1, 2016, and that it was in the County’s best interest to enter into the
Memorandum of Understanding on that date.
Information & Communications
Technology
18.
Approve a purchase from Comcast
Cable Communications Management, LLC to provide internet connectivity to the
Tulare County Association of Governments office at 210 N. Church Street in an
amount not to exceed $5,000, effective December 12, 2017, through December 11,
2018.
Resource Management Agency
19.
Approve the agreement with
County of Kings concerning County Surveyor services, for a period of three (3)
years from the date of execution.
20.
Approve and award the base bid
contract to the lowest responsive and responsible bidder, Don Berry
Construction, Inc. Selma, California, for construction of Avenue 144
Rehabilitation Project in an amount not to exceed $2,623,095.70. Approve and
award the additive alternative bid contract to the lowest responsive and
responsible bidder, Don Berry Construction, Inc. from Selma, California, for
construction of Avenue 144 Rehabilitation Project in an amount not to exceed
$278,010.75. Approve 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 $157,555 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 $157,555.
21.
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 17-021 – Williamson Act Contract No. 8728, Ag
Preserve No. 2950, located on the west side of Road 92, approximately 240 feet
north of Avenue 416, near Dinuba. (APN 013-090-010) (Jim Merlo, Harold &
Katherine Newton) (1.01 acres to be non-renewed as a condition of PPM 17-009)
(26.16 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 Non-Renewal.
22.
Affirm the finding that the
County received less than one-half of the foregone property tax revenue
pursuant to Government Code Sections 16142(e) and 16142.1(d) for Fiscal Year
2016/2017. Affirm implementation of AB 1265 pursuant Government Code Sections
51244(b) and Section 51244.3 for a reduction of property tax benefits by ten
percent, and also pursuant to Government Code Section 51244(b) a related
reduction of the term of the contracts to nine years (eighteen years for
Farmland Security Zone contracts).
23.
Accept the work for the
construction of the Monson Community Well and Water System Project as complete
by Brough Construction, Inc. of Arroyo Grande, California. Approve the release
of the 5% retention as final payment to the contractor in an amount not to
exceed $81,677.13. Direct the Clerk of the Board of Supervisors to have the
Notice of Completion recorded with the Tulare County Clerk Recorder.
Sheriff/Coroner
24.
Approve an agreement with the
California Department of Alcoholic Beverage Control to enforce alcohol beverage
laws and provide education to alcohol beverage licensees in an amount not to
exceed $25,000, retroactive from October 1, 2017 through August 31, 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.
Solid Waste
25.
Approve a capital asset
purchase for a Komptech Crambo 6000 low speed shredder in an amount not to
exceed $760,069. Authorize the Purchasing Agent to waive the formal bidding
process and make the sole-source purchase for a slow speed shredder approved in
Fiscal Year 2017/2018 budget.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
26.
Request from the Resource Management Agency to approve
the Fiscal Year 2017/2018 Williamson Act Subvention Application Report.
27.
Presentation given by the General Services Agency
regarding the potential consideration of integrating the County’s Purchasing
& Procurement functions into the General Services Agency. Accept, reject,
or modify staff’s recommendation to merge the County’s Purchasing &
Procurement functions into the General Services Agency in an effort to enhance
business practices. Direct staff to proceed with the following three strategic
priorities and return within six months for a progress report: potential
internal reorganization, implementation of business process improvements, and proposed
policies and procedures.
28.
Request from the General Services Agency to transfer the
balance of funds, $74,746.73, in Trust Account 410 to Capital Projects to be
used to offset costs associated with Mobile Food Vendors at the Civic Center
and Government Plaza facilities. Delegate authority to the General Services
Agency Director to execute Mobile Food Vendor right-of-entry permits on behalf
of the County, in connection with the Mobile Food Vendor Program. Discontinue
and close Trust Account 410, established in 1996 to receive lease revenues from
the former Civic Center Cafeteria vendor. Approve the necessary budget
adjustments (4/5ths vote required).
29.
Presentation given by Public Financial Management, Asset
Management LLC regarding the Annual Report for the Millennium Fund Investment
Program. Accept the Annual Report for the Millennium Fund Investment Program.
30.
Request from the County Administrative Officer to appoint
John Hess as the General Service Agency Director in Bargaining Unit 10, with an
annual salary of $120,000 and a potential merit increase of 5% based on
performance within one year; the same standard benefits provided to Bargaining
Unit 10 employees; and an additional benefit of an annual car allowance in an
amount not to exceed $6,492.
(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: 3
See today’s agenda item pertaining to the
General Plan Amendment adopting the 2017 Tulare County Animal Confinement
Facilities Plan (GPA 10-002), Dairy and Feedlot Climate Action Plan, and Zoning
Ordinance Textual Amendment (PZC 17-040); and actions related to Final
Environmental Impact Report.
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 the request from RMA to consider the vacation
portion of excess right of way of Azalea Avenue in the community of Ivanhoe.
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 10
See today’s agenda item pertaining to Fire
Hazard Abatement Cost Recovery Actions
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
(Government
Code Section 54956.9(d)(1))
Name of Case: In re LIBOR-Based Financial
Instruments Antitrust Litigation, MDL No. 2262 (NRB)
United States District Court, Southern
District of New York; Case 1:11-md-02262-NRB
ITEM E
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM G
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Tulare Pediatric Health Care
Center v. California Department of Health Care Services,
Superior Court of California, County of Los
Angeles, Case No. BS166705
ITEM H
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: 210 N. Court St.,
Visalia CA 93291
Agency Negotiators: John Hess, Robert Newby,
and Mike Spata
Negotiating Parties: Elderwood Capital, LLC.
Under Negotiation: Price and Terms of Payment
ITEM I
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.