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 19, 2017

 

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

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.

 

Documents related to the items on this Agenda, submitted to the Board after distribution of the Agenda packet, are available for public inspection in the Board of Supervisors Office, 2800 W. Burrel Avenue, Visalia, CA during normal business hours.  Such documents are also available online, subject to staff's ability to post the documents before the meeting, at the following website: www.co.tulare.ca.us/countygovernment/boardofsupervisors/boardagendas

 

As a courtesy to those in attendance, please turn off or place in alert mode all cell phones and pagers.

 

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk of the Board's Office at (559) 636-5000


(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)

 

 

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.

 

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

 

 

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 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.