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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.
Recognize Ron Parish upon his retirement from the Tulare
County Fire Department for his many years of County Services.
3.
Recognize Mike Olmost upon his retirement from the City
of Visalia for his many years of dedicated service.
4.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
5.
PUBLIC HEARING: Request from the Resource Management
Agency to consider Vesting Tentative Subdivision Tract Map No. VTSM 17-003 for
Self-Help Enterprise’s proposed 100% Affordable Housing Project consisting of
37 single family residential lots on a 7-acres located along the south side of
Ave. 413, east of Road 124, in Orosi. Find there is no substantial evidence
that the proposed Vesting Tentative Subdivision Tract Map No. VTSM 17-003 will
have a significant effect on the environment and determine that the Categorical
Exemption prepared for the project reflects the independent judgment of the
County and has been completed in compliance with the California Environmental
Quality Act of 1970. Approve a Categorical Exemption consistent with the
California Environmental Quality Act (CEQA) Title 14 California Code of
Regulations, Section 15332, Class 32 (Infill Development) and Section
15061(b)(3) General Rule Exemption. Direct the Environmental Assessment
Officer, or designee, of the Tulare County Resource Management Agency to file a
Notice of Exemption with the Tulare County Clerk Recorder. Affirm the Planning
Commission recommendation based on the findings set forth in Planning
Commission Resolution No. 9365 and conditionally approve Vesting Tentative
Subdivision Tract Map No. VTSM 17-003, with exceptions.
6.
PUBLIC HEARING: Request from the Resource Management
Agency to certify that: (A) the Final Environmental Impact Report (FEIR) has
been completed in compliance with the California Environmental Quality Act
(CEQA), (B) the FEIR was presented to the Board of Supervisors, and that the
Board of Supervisors reviewed and considered the information contained in the
FEIR prior to approving the project, and (C) the FEIR reflects Tulare County’s
independent judgment and analysis. Adopt the CEQA Findings of Fact. Adopt the
Mitigation Monitoring and Reporting Program. Direct the Environmental
Assessment Officer, or his/her designee, of the Tulare County Resource
Management Agency to file the Notice of Determination with the Tulare County
Clerk Recorder. Receive the Technical Memorandum – Addendum to the Matheny
Tract Wastewater System Feasibility Report.
7.
PUBLIC HEARING: Request from the Resource Management
Agency to certify that: (A) the Final Environmental Impact Report (FEIR) for
the Traver Community Wastewater System Improvements Project has been completed
in compliance with the California Environmental Quality Act (CEQA), (B) the
FEIR was presented to the Board of Supervisors, and that the Board of Supervisors
reviewed and considered the information contained in the FEIR prior to
approving the project, and (C) the FEIR reflects Tulare County’s independent
judgment and analysis. Adopt the CEQA Findings of Fact. Adopt the Mitigation
Monitoring and Reporting Program. Direct the Environmental Assessment Officer,
or designee, of the Tulare County Resource Management Agency to file a Notice
of Determination with the Tulare County Clerk Recorder.
(Consent Calendar)
CONSENT CALENDAR (Numbers 8 through 29)
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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
8.
Cancel the Board of Supervisors
meeting for January 2, 2018.
9.
Reappoint Stan Creelman as a
Trustee to the Tulare Mosquito Abatement District for a term ending December
31, 2019.
10.
Appoint Carolyn J.
McGregor-Long as Seat 12 - Family to the Tulare County Mental Health Board for
a term ending December 31, 2020.
11.
Rescind Resolution No.
2017-1008. 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, 2021.
12.
Waive the second reading and
adopt 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. Direct the Clerk of the Board of Supervisors to publish the full
ordinance within 15 days after adoption as required by law.
General Services Agency
13.
Approve the grant of real
property to the State of California acting through its Department of
Transportation. Approve the Notice of Exemption and direct the Environmental
Assessment Officer to file the Notice with the Tulare County Clerk Recorder.
Direct the Clerk of the Board of Supervisors to return the executed and
notarized Grant Deed to Property Management for transmittal to the State of
California.
14.
Approve an amendment to
Agreement No. 27894 with Forcum Mackey, Inc. to increase the agreement amount
by $38,811.02, from $4,257,805.70 to $4,296,616.72 for Phase I of the
Countywide Space Improvement & Relocation Project. Increase the contract
time by 23 calendar days for the Sheriff and Fire project, 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 Sheriff and Fire Bid Package
B with the office of the Tulare County Clerk Recorder.
Health & Human Services Agency
15.
Approve the Tulare County
Council on Child and Youth Development Annual Certification Statement regarding
composition of the Local Planning Council for 2018.
16.
Approve the Memorandum of
Understanding between the Tulare County Health and Human Services Agency, Child
Welfare Services Division and the Dinuba Unified School District to coordinate
services and improve communication with children in foster care effective upon
signature by the Tulare County Board of Supervisors through June 30, 2019.
17.
Approve an amendment to
Agreement No. 26285 with Relias Learning, LLC, which outlines a new payment
amount for the term remaining on the Agreement through June 30, 2019.
18.
Approve an agreement with
Netsmart Technologies, Inc. for the Avatar software product in an amount not to
exceed $2,953,642, retroactive from September 1, 2017 through August 31, 2022.
Find that the Board had the authority to enter into the proposed agreement as
of September 1, 2017, and that it was in the County’s best interest to enter
into the agreement on that date.
Human Resources & Development
19.
Approve an Administrative
Services Agreement with Chimienti & Associates Insurance Services to
perform administrative services related to the Tulare County Flexible Benefit
Plan for the period of January 1, 2018 through December 31, 2018.
Information & Communications
Technology
20.
Approve an agreement with Esri
for licenses and maintenance in an amount not to exceed $592,000, effective
January 1, 2018 through December 31, 2020.
21.
Approve an agreement with ADP,
LLC for licenses and maintenance in an amount not to exceed $1,553,000,
effective January 1, 2018 through December 31, 2020.
In-Home Supportive Services Public
Authority
22.
Approve the decrease of $0.02
in Administrative Costs on the Public Authority/Non-Profit Consortium Rate
Change Request.
Registrar of Voters
23.
Approve the transfer from the
Elections Trust Fund (533-533-1000-9102) to Capital Projects (030-086-3400-9202)
in an amount not exceed $155,000, to cover the costs and installation of new
office furniture for the Registrar of Voters office. Approve the necessary
budget adjustment (4/5ths vote required).
24.
Approve an agreement with the
State of California, Secretary of State for reimbursement of funds for
activities related to the HAVA Polling Place Accessibility Training Program in
an amount not to exceed $20,000, effective December 19, 2017 through June 30,
2019. Approve the necessary budget adjustments (4/5ths vote required).
Resource Management Agency
25.
Approve a two-year Extension of
Time No. EOT 17-006 for Vesting Tentative Subdivision Map No. VTSM 835 to
November 17, 2019, for Self-Help Enterprises for the division of 29-acres into
89 single-family residential lots and 140 multi-family units located on the
south side of Avenue 312 (Riggin) between Roads 72 & 76, in Goshen.
26.
Determine that the portion of
Drive 103 between Cartmill Avenue and Road 100, north of the City of Tulare is
superseded by relocation and vacation thereof is in the public interest.
Summarily vacate said portion of Drive 103 and order that the public use is
hereby vacated, reserving an easement and right necessary to maintain, operate,
replace, remove, or renew public utility facilities. Determine that the
vacation is exempt from the California Environmental Quality Act (CEQA)
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.
27.
Authorize the filing of Notices
of Partial Non-Renewal for the following three (3) Land Conservation Contracts,
as provided in the Williamson Act. The request fulfills conditions resulting
from two (2) Tentative Parcel Maps & one (1) Lot Line Adjustment Map: WAN
17-020 – Williamson Act Contract No. 5105, Ag. Preserve No. 1854, located at
14143 Avenue 432, on the southwest corner of Avenue 432 and Road 142, northeast
of Orosi (APN: 025-030-005) (Nancy Gene McCamey) (1.00-acre to be Non-Renewed
as a condition of PPM 17-012) (17.47 acres are subject to contract amendment).
WAN 17-022 – Williamson Act Contract No. 3529, Ag. Preserve No. 782, located at
20701 Road 168, on the south side of Avenue 208, between Road 164 and Road 168,
west of Strathmore (APN: 198-070-003) (Carla Guinn Glover) (4.00 acres to be
Non-Renewed as a condition of PPM 17-014) (62.50 acres are subject to contract
amendment). WAN 17-023 – Williamson Act Contract No. 2410, Ag. Preserve No.
120, located at 17771 Road 224, on the west side of Road 224 (Westwood),
approximately 927 feet north of Avenue 176, north of Porterville (APN:
243-420-063 & 243-420-064) (Dennis & Carol Watson and Elizabeth Ann
Gilbert Ingraham) (1.45 acres to be Non-Renewed as a condition of PLA 16-028)
(35.40 acres are subject to contract amendment). Approve the execution of
amendments to the Land Conservation Contracts as conditions of approval for the
aforementioned Partial Non-Renewals.
28.
Approve the Climate Action Plan
2016/2017 Annual Progress Report. Direct the Resource Management Agency
Director, or designee, in concert with the County Administrative Officer, to
take all necessary and proper action to implement the Climate Action Plan and
satisfy the terms of the Stipulated Settlement.
Sheriff/Coroner
29.
Authorize the Tulare County
Sheriff’s Office to apply for the California State Parks Division of Boating
and Waterways Financial Aid Program for Fiscal Year 2018/2019. Authorize the
Tulare County Sheriff’s Office to participate in the California State Parks Division
of Boating and Waterways Financial Aid Program for Fiscal Year 2018/2019,
following Board approval of an agreement between the County and the California
State Parks Division of Boating and Waterways. Authorize the Chairman, or
designated representative, the Tulare County Sheriff, to sign each
reimbursement claim, following Board approval of an agreement between the
County of Tulare and the California State Parks Division of Boating and
Waterways. Authorize the Tulare County Auditor to certify the amount of prior
year vessel taxes received by the County.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
30.
Request from the Treasurer-Tax Collector to approve and
ratify the Treasurer’s 2010 investment in a Promissory Note and Loan Agreement
with the Tulare County Transportation Authority for advancement of Measure R
funds in the amount of $10 million for a term of 10 years.
31.
Receive a report from the General Services Agency
regarding General Services Agency Property Management Real Estate Program.
Approve the Sales Agreement for 210 N. Court Street, Visalia CA with Elderwood
Capital LLC in an amount not to exceed $2,361,418.50, effective January 1,
2018, subject to review and approval as to form by County Counsel. Approve a
Request for Proposals for development of a ground lease at 800 S. Akers,
Visalia, CA and authorize staff to release the Request for Proposals. Authorize
staff to retain a commercial real estate listing agent for approximately 20,000
square feet of vacant office space at the Tulare-Akers Professional Center,
located at 5300 W. Tulare, Visalia, CA. Authorize staff to pursue recommended
options for other vacant or underutilized properties, as outlined.
32.
Request from the General Services Agency to award the
contract for the Countywide Space Improvement and Relocation Project Phase II
to the lowest responsible bidder, Forcum-Mackey Construction, Inc. in an amount
not to exceed $5,425,000. Accept the Marko Construction bid withdrawal request,
subject to review and approval as to form by County Counsel.
33.
Request from the Resource Management Agency to 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 designee, to file a Notice of Exemption with the
Tulare County Clerk Recorder. Approve the designation of a "No
Parking" restriction on the south side of Avenue 240, west of Road 140
located east of Tulare. Authorize and establish a "No Parking" zone,
by installing signs for approximately 750 feet on the south side of Avenue 240,
west of Road 140. Approve the designation of an All-Way STOP control at the
intersection of Road 140 and Avenue 240 located east of Tulare. Authorize the
installation of STOP signs on Road 140 at the intersection of Avenue 240 in
accordance with the provisions of Section 2B.07 of the 2014 California Manual
on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the
California Vehicle Code (CVC).
(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
See today’s Board of Supervisors’ agenda
item, pertaining to Vesting Tentative Subdivision Tract Map No. VTSM 17-003,
Self-Help Enterprises-Orosi.
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 – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM D
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 C. Spata
Negotiating Parties: Elderwood Capital, LLC
Under Negotiation: Price and Terms of Payment
ITEM E
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 2
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Rubio v. Vang
Tulare County Superior Court Case No.
VCU270609
ITEM G
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: Northeast Corner of
Main Street & Olive Avenue, Porterville, CA
Agency Negotiators: John Hess, Robert Newby,
and Mike C. Spata
Negotiating Parties: Paynter Realty &
Investments and Sunny Basra
Under Negotiation: Price and Terms of Payment
ITEM H
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.