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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
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Board of
Supervisors
Agenda
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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
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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.
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)
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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
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
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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:
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.