MEMBERS OF THE BOARD

 

KUYLER CROCKER – Vice Chairman

District One

 

PETE VANDER POEL

District Two

 

AMY SHUKLIAN

District Three

 

J. STEVEN WORTHLEY – Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

County Administrator

 

DEANNE H. PETERSON

County Counsel


MELINDA BENTON

Interim Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

January 23, 2018

 

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, requests for disability-related modification or accommodation needed in order to participate in the meeting must be made to the Clerk of the Board of Supervisors (559) 636-5000 no later than Monday at 9:00 a.m.


(Public Comment Period)

 

1.               State of the County presented by Chairman Steven Worthley.

2.               Board of Supervisors matters.

3.               Presentation given by the District Attorney to declare January 2018 as Human Trafficking Awareness Month.

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.               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 Clerk-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 6 through 28)

 

 

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

6.               Appoint Suzann Wary, Seat 2 to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2021.

7.               Reappoint Stephen C. Harrell, Member at Large to the Independent Ambulance Compliance Committee for a term ending December 31, 2019.

8.               Appoint Mike Watson, Tulare County Sheriff Department to the Step Up Advisory Committee for a term ending September 1, 2018.

9.               Reappoint Derek Williams, Industry/Agriculture to the San Joaquin Valley Air Pollution Contract District Citizen's Advisory Committee for a term ending January 31, 2021.

10.           Appoint Diana L. Mendez, Director to the Exeter District Ambulance for a term ending December 4, 2020.

11.           Reappoint Bill Crawford, Jr. and Pat Marin, Trustees to the Woodlake Public Cemetery District for a term ending January 1, 2022.

Fire Department

12.           Authorize the submission of a grant application for a California Office of Traffic Safety Emergency Services Grant to provide extrication equipment in an amount not to exceed $250,000.

General Services Agency

13.           Approve an amendment to Agreement No. 26408 with KRME Partnership for 2200 West Midvalley Avenue, Visalia, to extend the term of the lease 3 years, effective January 28, 2018.

14.           Authorize the Chairman to sign the letters of support for the San Joaquin Valley Clean Energy Organization to complete Energy Benchmarking and develop a custom Energy Action Plan for the County of Tulare.

Health & Human Services Agency

15.           Approve the annual Certification Statements for the California Children’s Services and Child Health and Disability Prevention Program to receive funding in an amount not to exceed $3,539,520, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had authority to approve the proposed annual Certification Statements as of July 1, 2017, and that it was in the County’s best interest to approve the statements on that date.

16.           Authorize the submittal of a grant application to the Governor’s Office of Emergency Services for Fiscal Year 2018 State Homeland Security Grant in an amount not to exceed $546,474. Authorize the Clerk of the Board to certify three (3) copies of the Governing Body Resolution to appoint Authorized Agents to act on behalf of the Tulare Operational Area in securing and administering grant funds. Authorize the Health & Human Services Agency Director or designee, with direction from the local Approval Authority, to make necessary adjustments to the application as required to conform to Federal and State grant guidance once released, and scale the grant to meet the final allocation in an amount not less than $400,000 and not to exceed $600,000.

17.           Approve an agreement with Central Valley Recovery Services, Inc. for the provision of Co-Occurring Disorder Program in an amount not to exceed $1,104,171 (no net cost to County), 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 an agreement with the California Department of Social Services for the purpose of establishing the responsibilities in the provision of legal consultation and legal representation services in administrative action appeals associated with the Resource Family Approval Program, retroactive from January 1, 2017 through June 30, 2019. Find that the Board had authority to enter into the proposed agreement as of January 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

Human Resources & Development

19.           Reappoint Marilyn Kinoshita to the position of Agricultural Commissioner/Sealer in Bargaining Unit 10, with an annual salary of $133,859, the flexible and life insurance benefits provided to Bargaining Unit 10 employees, and an additional benefit of a car allowance in the amount of $420 monthly, (based on 2018 rates).

Information & Communications Technology

20.           Approve the capital asset purchase to install a licensed microwave channel between Stokes Mountain, Mooney Grove, and Lewis Hill, in an amount not to exceed $77,795. Approve the necessary budget adjustments (4/5ths vote required).

21.           Approve the capital asset purchases associated with adding additional Compass scheduling kiosks to the reception area of TulareWORKs offices in an amount not to exceed $25,091. Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

22.           Approve the revisions to the Agricultural Policy Advisory Committee Bylaws that reflect revisions in the Appointment Process (Section II, D). 

23.           Approve an agreement with Caltrans for the design and construction of improvements to the Avenue 80 Crossing of the Union Pacific Railroad tracks in the community of Teviston, CA, in an amount not to exceed $403,650.

24.           Approve the Utility Agreement with Southern California Edison (SCE) for the relocation of transmission and distribution line facilities for the Avenue 152 Safety Improvement Project to replace and relocate conflicting poles that are within an exclusive SCE Easement.

25.           Approve the Joint Use Agreement (JUA) with Southern California Edison (SCE) for the relocation of transmission and distribution line facilities for the Avenue 152 Safety Improvement Project to formalize SCE’s rights and usage within the 826 square feet area within the County right of way where underground facilities will be installed.

26.           Authorize the Flood Control District to apply for a grant application with Governor’s Office of Emergency Services for the Cottonwood Creek MARPRO project for the Hazard Mitigation Grant Program in an amount not to exceed $1,800,000. Approve the Designation of Applicant’s Agent Resolution (Cal OES Form 130) for the MARPRO Cottonwood Creek Flood Control Project.

27.           Introduce and waive the first reading of Amendments to the Ordinance Code of Tulare County pertaining to sections 7-01-1320 through 7-01-1740 regarding minimum lot size, set back, and testing requirements for onsite wastewater treatment systems under the Local Agency Management Program and pertaining to section 4-13-1520 for locating effluent systems near surface water intake points. Approve the Ordinance amendment summaries and direct the Clerk of the Board of Supervisors to publish such summaries as required by law.

Sheriff/Coroner

28.           Authorize the capital asset purchase of a modular trailer in an amount not to exceed $54,000. Waive the formal bidding process and authorize the sole-source purchase of the modular trailer. Approve the agreement with William Scottsman, Inc., effective January 23, 2018. Approve the necessary budget adjustments (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

29.           Presentation given by Tulare County Animal Services detailing the updates undertaken within the last two years. Accept the Tulare County Animal Services Advisory Committee’s Annual Report for 2016/2017.

30.           Request from the District Attorney to approve the Personnel Resolution amending the Fiscal Year 2017/18 position allocation as follows: Delete one (1) Legal Secretary III position, Position No. 04273, and one (1) Deputy District Attorney position, Position No. 07990; Add one (1) Fiscal Manager position, one (1) IT Project Manager–DA position, one (1) Senior Graphics Specialist position, one (1) Victim/Witness Worker Supervisor position, and one (1) Administrative Secretary position; and reclassify one (1) Senior Account Clerk position, Position No. 08973 to a Payroll Clerk position, effective February 4, 2018, subject to meet and confer with affected bargaining units. Approve the new class specifications and compensation for IT Project Manager-DA and Senior Graphics Specialist, and amended the existing classification of Administrative Secretary.

31.           Request from the Sheriff's Department to introduce and waive the first reading of an ordinance amending Article 5 of Chapter 1 of Part V of the Ordinance Code of Tulare County, pertaining to penalties, and adding Article 7 to Chapter 1 of Part V of the Ordinance Code, pertaining to the hosting of parties where alcohol or recreational marijuana is furnished to or consumed by underage person(s). Set the second reading for Tuesday, February 6, 2018. Approve the ordinance summary for initial publication and direct the Clerk to publish such summary and to post a certified copy of the complete ordinance at least five (5) days prior to the second reading, as required by law.

 (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:

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: 9

See today’s agenda item pertaining to Fire Hazard Abatement Cost Recovery Actions.

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

See Dec. 12, 2017 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 D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Sierra Club vs. County of Tulare, and Tulare County Board of Supervisors, and Does 1-25; 

Tulare County Case No.: VCU272380

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 3

ITEM F

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

[Government Code Section 54956.9(d)(4)]

Number of Potential Cases: 3

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: 1062 S. K Street, Tulare 

Agency Negotiators:   Robert Newby

Negotiating Parties:    Tulare Local Healthcare District

Under Negotiation:     Price and Terms of Payment

ITEM H

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 I

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM J

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.