(Public Comment Period)
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.
1.
Board of Supervisors matters.
2.
Present Proclamation recognizing the month of February
2018 as Grand Jury Awareness Month in Tulare County.
3.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
4.
PUBLIC HEARING: Request from the Resource Management
Agency to determine the Tulare County Local Agency Management Program (LAMP)
for Onsite Wastewater Treatments Systems (OWTS), including required amendments
to the Ordinance Code, is exempt from the California Environmental Quality Act
(CEQA) pursuant to California Code of Regulations, Title 14, Division 6,
Chapter 3, Article 17 (Exemption for a Certified State Regulatory Program).
Adopt the proposed Tulare County Local Agency Management Program (LAMP). Waive
the second reading and adopt the proposed Amendments to the Ordinance Code of
Tulare County as follows: 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.
Pertaining to section 4-13-1520 for locating effluent systems near surface
water intake points. Direct the Clerk of the Board 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 Ordinance Code of
Tulare County 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 of the Tulare Resource Management
Agency to file a Notice of Exemption with the County Clerk-Recorder. Authorize
the Director of the Resource Management Agency, or his designee, to make
appropriate clerical revisions to the Tulare County LAMP, Ordinance Amendments
and associated project documents.
(Consent Calendar)
CONSENT CALENDAR (Numbers 5 through 27)
|
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.
|
Agricultural Commissioner/Sealer
5.
Approve an agreement with the
California Department of Food and Agriculture to provide State funding of
$201,572 to offset costs of providing Exotic Pest detection trapping services,
retroactive from July 1, 2017 through June 30, 2018. Find that the Board had
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.
Board of Supervisors
6.
Cancel the Board of Supervisors
meeting scheduled for February 13, 2018.
7.
Reappoint Frank Escobar, After
- School Program Seat to the Step Up Advisory Committee for terms ending
September 1, 2019.
8.
Reappoint David Anderson,
District 3 - Consumer Seat to the Community Health Center Board for a term
ending April 18, 2022.
9.
Reappoint Randy Groom,
Incorporated Cities Seat to the Independent Ambulance Compliance Committee for
a term ending December 31, 2019.
10.
Reappoint Dale Rains and Jeff
Tienken, Trustee Seats to the Lindsay-Strathmore Public Cemetery District for a
term ending January 1, 2022.
11.
Reappoint Joe Machado, Tulare
County - Trustee Seat to the Kings Mosquito Abatement District for a term
ending January 2, 2019.
Child Support Services
12.
Approve the service agreement
with Cal Bennetts for furniture moving service in an amount not to exceed
$100,099.
District Attorney
13.
Authorize the submission of a
grant application for funding from the California Office of Emergency Services
for Fiscal Year 2018/2019 for the Child Advocacy Center Program in an amount
not to exceed $137,455, for the period of April 1, 2018 through March 31, 2019.
Authorize the Chairman to sign the Grant Subaward Face Sheet and the
Subrecipient Grants Management Assessment. Authorize the Chairman and the
County Administrative Officer to sign the Certification of Assurance of
Compliance. Ratify the signatures of the Project Director, Financial Officer,
and their signature designees on the Signature Authorization form.
Fire Department
14.
Approve the necessary budget
adjustments for Fire Suppression Assistance (4/5ths vote required).
15.
Approve an agreement with the
Governor’s Office of Emergency Services to temporarily transfer possession of a
Type I Engine to the Tulare County Fire Department, commencing on February 21,
2018, for emergency incidents, civil defense, and disaster services. Authorize
the Fire Chief, or his designee, to sign the agreement, Exhibit A-1, and
Exhibit B-1 upon receivership of the Type I Engine by the Tulare County Fire
Department. Authorize the Chairman of the Board to sign the agreement.
Health & Human Services Agency
16.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
17.
Reaffirm the Proclamation of a
Local Emergency due to tree mortality in Tulare County Resolution No.
2015-0850.
18.
Approve an agreement with the
California State Department of Health Care Services for the annual performance
contract, retroactive from July 1, 2017 through June 30, 2018. Find that the
Board had 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.
19.
Approve the acceptance of funds
from the California Department of Public Health for the Local Oral Health
Program for the Grant Agreement in an amount not to exceed $1,669,685,
retroactive from January 1, 2018 through June 30, 2022. Approve the Grant
Application retroactive from September 18, 2017. Find that the Board had the
authority to accept the grant funds as of January 1, 2018 and that it was in
the County’s best interest to accept the funding on that date. Approve the
necessary budget adjustments for the Tobacco Control Program (4/5ths vote
required).
20.
Authorize the submission of the
Tulare County Mental Health Services Act, Three-Year Integrated Program and
Expenditure Plan retroactive from July 1, 2017 to the Department of Health Care
Services and Mental Health Services Oversight and Accountability Commission for
Fiscal Years 2017/2018, 2018/2019, and 2019/2020. Find that the Board had
authority to enter into the proposed Three-Year Integrated Program and
Expenditure Plan as of July 1, 2017 and it was in the County’s best interest to
enter into this plan on that date. Authorize the Tulare County Director of
Mental Health and Tulare County Auditor-Controller to sign the County
Certifications for the Mental Health Services Act Three-Year Integrated Program
and Expenditure Plan for Fiscal Years 2017/2018, 2018/2019, and 2019/2020.
Information & Communications
Technology
21.
Approve the purchase of video
surveillance cameras that will record all entrances and exits of TulareWORKs
offices in an amount not to exceed $169,467. Approve the necessary budget
adjustments (4/5ths vote required).
Resource Management Agency
22.
Accept the work for the
construction of the Avenue 280 Overlay Project as completed by Agee
Construction Corporation of Clovis, California. Authorize the Chairman to sign
the Notice of Completion. Direct the Clerk of the Board to have the Notice of
Completion recorded with the County Clerk-Recorder.
23.
Accept the work for the
construction of Fifty Seven (57) Intersections Safety Improvement Project as
completed by American Civil Contractors West Coast LLC of Benicia, California.
Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of
the Board to have the Notice of Completion recorded with the County
Clerk-Recorder.
24.
Accept the work for the
construction of Pavement Overlay Project as completed by Papich Construction
Company of Grover Beach, California. Authorize the Chairman to sign the Notice
of Completion. Direct the Clerk of the Board to have the Notice of Completion
recorded with the County Clerk-Recorder.
25.
Authorize the filing of a
Notice of Partial Non-Renewal for the following one (1) Land Conservation
Contract, as provided in the Williamson Act. The request fulfills a condition
resulting from one lot line adjustment: WAN 17-025 – Williamson Act Contract No.
07386, Ag Preserve No. 2082, on the west side of Road 228, north of Avenue 208,
southeast of Lindsay (APNs 215-360-022 and -023) (Byron D. Tillery, Jayne E.
Tillery, Bruce D. Wileman and Sandra L. Wileman) (1.05 acres to be non-renewed
as a condition of PLA 17-036.) (29.93 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. Approve the
execution of an amendment to one additional Land Conservation Contract. PLA
17-030 – Williamson Act Contract No. 6293, Agricultural Preserve No. 2041,
located on the south side of Avenue 8, approximately 300 feet west of Richgrove
Drive, in Richgrove. (APN 340-010-024) (VZB Cold Storage & Vincent B.
Zaninovich & Sons) (2.56 acres to be recognized by the Assessor as never
having been withdrawn from contract.) (92.56 acres subject to contract
amendment.)
ADJOURN AS
THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
26.
Approve the Cooperative
Agreement with the Tulare Irrigation District for the Okieville Flood
Protection / Drought Mitigation Basin subject to review and approval by County
Counsel. Authorize an application for the Hazard Mitigation Grant Program with
the Governor’s Office of Emergency Services for the Okieville Flood
Protection/Drought Mitigation Basin in an amount up to $2.25 million. Approve
the Designation of Applicant’s Agent Resolution (Cal OES Form 130) for the
Okieville Flood Protection / Drought Mitigation Basin.
ADJOURN AS
THE TULARE COUNTY FLOOD CONTROL DISTRICT AND RECONVENE AS THE TULARE COUNTY
BOARD OF SUPERVISORS
27.
Agree to comply with all
conditions and requirements set forth in the Certification and Assurances
document and applicable statutes, regulations and guidelines for all State of
Good Repair Account (SGR) funded transit projects, subject to review and
approval by County Counsel. Authorize the Chairman to execute the
Certifications and Assurances document. Approve the State Transit Assistance
State of Good Repair Program Authorized Agent Form.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
28.
Request from the Resource Management Agency to approve
the Bureau of Reclamation Interim Renewal Contract to allow the County of
Tulare water services from the Central Valley Project to the Cross Valley Canal
for the period of March 1, 2018 through February 29, 2020. Determine that the
Interim Renewal Contract is exempt from the California Environmental Quality
Act pursuant to the adopted State of California CEQA Guidelines Section 15301
and the Environmental Assessment Officer is directed to sign and file a Notice
of Exemption with the County Clerk-Recorder. Authorize the Resource Management
Agency and Dennis R. Keller, Keller and Wegley, Consulting Engineers, to do all
things necessary and proper to comply with the interim renewal process. Direct
the Clerk of the Board to return a certified copy of this Resolution to the
Resource Management Agency for transmittal to the Bureau of Reclamation.
29.
Request from the Board of Supervisors staff to receive
input and provide direction regarding the 2017/2018 State Legislative Platform.
Approve amendments to the platform and select priority issues for the annual
State advocacy trip.
30.
Request from the Sheriff's Department to waive the second
reading and adopt 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). Approve the ordinance summary for final publication and
direct the Clerk of the Board to publish such summary and to post a full copy
of the ordinance after adoption, as required by law.
31.
Presentation given by the Resource Management Agency
regarding Short Term Rentals. Provide direction to staff in regards to Short
Term Rentals.
32.
Request from the Resource Management Agency to approve
General Plan Initiation No. GPI 17-003 to authorize the applicant, Alvaro
Esparza Gonzalez, to file an application for a General Plan Amendment changing
the land use designation from “Low Density Residential” to “Neighborhood
Commercial” on a ±0.5-acre parcel located on the northeast side of Springville
Avenue, approximately 400 south of Success Drive within the East Porterville
Urban Development Boundary (APN 262-172-019).
33.
Request from the Resource Management Agency and the Fire
Department to approve a Categorical Exemption consistent with the California
Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR),
Sections 15269(c) and 15301 Existing Facilities (c). 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, Sections 15269(c) and 15301 Existing Facilities (c), 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 their
designee, to file a Notice of Exemption with the County Clerk-Recorder.
Determine that this project meets the limited CEQA suspension requirements set
forth in the Governor’s October 30, 2015 Proclamation of a State of Emergency.
Approve and authorize the Chairman of the Board to sign a Local Assistance for
Tree Mortality Grant Program Application in the amount of $550,378. Approve the
attached personnel resolution to add one (1) Extra-Help Crew Boss and nine (9)
Extra Help Seasonal Firefighters to the Fire Department, at will, effective
February 18, 2018. Approve the attached job specifications for the Extra Help
Crew Boss and the Extra Help Seasonal Firefighters, effective February 18,
2018. Approve the capital asset purchase of two 6-pack style trucks equipped
with custom utility bodies, not to exceed $90,000 from the Road Fund. Authorize
the Purchasing Agent to waive the bid process and obtain quotes for said
trucks, which would allow the vehicles to be delivered and invoiced before the
June 30th end of Fiscal Year 2017/2018 deadline. Approve the necessary budget
adjustment for the purchase of said trucks (4/5ths vote required).
34.
Request from the Fire Department to authorize the
submission of a grant concept proposal for a California Climate Investments
Forestry Health Grant to provide a community defense zone and hazard tree
removal in the community of Camp Nelson and the wild-land area of Slick Rock in
an amount not to exceed $800,000. Authorize the Fire Chief, or his designee, to
sign and submit the grant concept proposal.
(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
Board of Supervisors Agenda item today
pertaining to The Local Agency Management Program (LAMP) and Amendments to the
Ordinance Code of Tulare County (PZC 18-001)
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Board of Supervisors Agenda Item today
pertaining to Social Host Ordinance.
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 LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
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 – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: James E. Brown v. County of
Tulare
Workers Compensation Appeals Board No.:
Unassigned
(underlying Claim No. 124-075966)
ITEM G
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Kathryn Moore v. County of
Tulare
Workers’ Compensation Appeals Board No.:
ADJ10263554
ITEM H
CONFERENCE WITH LABOR
NEGOTIATOR
(Government
Code Section 54957.6)
Agency Designated Representatives: Rhonda
Sjostrom, Michael C. Spata
Employee Organizations: All Certified
Employee Organizations
Unrepresented Employees: All Unrepresented
Employees.
