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 Administrative Officer

 

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

 

 

March 20, 2018

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

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.


(Public Comment Period)

 

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.

1.               Board of Supervisors matters.

2.               Present a Proclamation to recognize the week of March 18-24, 2018 as National Ag Week.  Presentation of the Annual Calendar Art Contest. 

3.               Present a Proclamation declaring April 2018 as Child Abuse Prevention Month in Tulare County.

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.               PUBLIC HEARING:   Request from the Resource Management Agency to review and accept Tulare County's 2017 Annual General Plan and Housing Element Progress Reports. Authorize transmittal of these reports to the California Governor's Office of Planning and Research and California Department of Housing and Community Development.

6.               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.

7.               PUBLIC HEARING:   Request from the Board of Supervisors to approve the Resolution of Application for the formation of the Yettem/Seville Community Services District. Approve the California Environmental Quality Act Notice of Exemption. Authorize the Environmental Assessment Officer to sign the California Environmental Quality Act Notice of Exemption. Direct staff to file the Notice of Exemption with the Clerk-Recorder.

(Consent Calendar)

CONSENT CALENDAR (Numbers 8 through 23)

 

 

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.

 

County Administrative Office

8.               Ratify actions by the County Administrative Officer during the months of January/February 2018. Find that the activities funded pursuant to the good works funding agreements are necessary to meet the social needs of the residents of Tulare County.

General Services Agency

9.               Authorize the County of Tulare General Services Agency Director, or his designee, to enroll County owned property within the City limits into Visalia's Trespass Enforcement Program.

10.           Approve an amendment to License Agreement No. 23860 with the State of California, Department of Developmental Services, and Porterville Developmental Center for use of a suite located at 1225 South O Street in the City of Tulare.

Health & Human Services Agency

11.           Reaffirm the Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.

12.           Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

13.           Adopt the revised By-laws of the Tulare County Animal Services Advisory Committee.

14.           Approve the Memorandum of Understanding between the Tulare County Health and Human Services Agency, Child Welfare Services Division and Abrazo Foster Family Agencies to provide services on behalf of Tulare County Child Welfare Services foster children effective upon Board approval and signature through June 30, 2019.

15.           Approve an amendment to Agreement No. 27482 with the California Department of State Hospitals and the California Mental Health Services Authority to extend the term for an additional three years and increase in an amount not to exceed $3,376,644 ($1,125,548 for each of the three additional Fiscal Years), retroactive from July 1, 2016 through June 30, 2019. Find that the Board had authority to enter into the proposed amendment to the Memorandum of Understanding as of July 1, 2016 and that it was in the County's best interest to enter into the amendment on that date.

16.           Approve the Memoranda of Understanding with Quality Group Homes and Pathway Family Services Foster Family Agencies to provide services on behalf of Tulare County Child Welfare Services foster children effective upon Board approval and signature through June 30, 2019.

17.           Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15262 (Feasibility and Planning Studies) and 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 15262 (Feasibility and Planning Studies) and 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 his designee, to file a Notice of Exemption with the Tulare County Clerk-Recorder. Adopt the 2018 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan.  Authorize the HHSA Director, or his designee, to make appropriate technical revisions to the 2018 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan and associated project documents.

Information & Communications Technology

18.           Approve the capital asset purchase to replace TulareWORKs County Information System server hardware in an amount not to exceed $140,666. Approve the necessary budget adjustments (4/5ths vote required).

19.           Approve the costs associated with an approved agreement with Sovos Compliance, LLC, in an amount not to exceed $3,255, retroactive from March 2, 2018 through March 31, 2022. Find that the Board had authority to approve these costs as of March 2, 2018, and that it was in the County's best interest to approve costs on that date.

Resource Management Agency

20.           Accept the Irrevocable Offer to dedicate real property along the south side of Avenue 36 and along the east side of Road 81 (Young Road) that was offered for dedication by Irrevocable Offer to Dedicate Real Property recorded in the office of the Clerk-Recorder on July 3, 1987 as Document No. 1987-37926 in Volume 4587 Pages 708 to 711 of Official Records.  Direct the Clerk of the Board to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded with the Clerk-Recorder.

21.           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 Clerk-Recorder. Approve the designation of an All-Way STOP control at the intersection of Elm Road (R137) and School Avenue (A50), in the community of Earlimart. Authorize the installation of STOP signs on Elm Road at the intersection of School Avenue 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).

22.           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 his designee, to file a Notice of Exemption with the Clerk-Recorder. Approve the designation of a No Stopping restriction on both sides of Avenue 272, between the hours of 9:00 p.m. to 6:00 a.m., 7 days a week, east of Mooney Grove Park located east of Mooney Blvd. (Road 116/State Route 63), south of Visalia. Authorize and establish a No Stopping zone by installing signs for approximately 1,200 feet on both sides of Avenue 272, beginning on the east boundary line of Mooney Grove Park (Visalia city limits) to Road 122.

Workforce Investment Board

23.           Approve the budget adjustment of $38,860 resulting from an EDD modification to the Subgrant Agreement to provide employment training activities for youth involved in the justice system (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

24.           Request from the Resource Management Agency to reject the bid proposal from Klassen Corporation due to a failure to submit a completed addenda certification statement at the time of the bid opening. Use its discretion to waive the irregularities in Seals Constructions bid of an incomplete Sub-Contractor List Form and an incomplete Exhibit 15-G form. Approve and award the contract to the lowest responsive and responsible bidder, Seals Construction Inc. from Visalia, California, in the amount of $8,501,000 for construction of the Transit Operations and Maintenance Facility including Alternates Nos. 2 & 5. Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License. Allow funds for construction contingencies in the amount of $437,550 to cover unexpected construction conditions. Authorize the director of the Resource Management Agency, or his designee, to approve change orders up to the amount of allowed funds for contingencies. 

25.           Request from the County Administrative Office to receive the Mid-Year Budget Review for FY 2017/18, including the following: Mid-Year Budget Report; Salary Savings Report; Reserve/Fund Balance Report; and Trust Fund Report. Approve the proposed schedule for preparation and adoption of the FY 2018/19 budget, which incorporates a rollover budget as the operating budget (including the Capital Projects budget) for the period between July 1, 2018 and adoption of the FY 2018/19 budget (4/5ths vote required). Adopt the personnel resolution to add, reclassify, delete, and amend positions. Approve and amend the required job specifications and salary adjustments stemming from the Mid-Year Budget Report subject to completion of meet and confer. Approve the capital asset purchase list. Authorize the Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County Administrative Officer, to process any budget adjustments stemming from the Mid-Year Budget Report (4/5ths vote required).

 (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 agenda item pertaining to Tulare County’s 2017 Annual General Plan and Housing Element Progress Reports

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 3

ITEM C

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 D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Public Hearing regarding Resolution of Application for the Formation of the Yettem-Seville Community Services District; see Board of Supervisors Agenda for March 20, 2018.

ITEM E

THREAT TO PUBLIC SERVICES OR FACILITIES:

(Government Code Section 54957)

Consultation with: Assistant Director of Tulare County Information & Communications Technology Department

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  James R. Parish v. County of Tulare

Workers Compensation Appeals Board Nos.: ADJ10461744, ADJ10461745

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  TCDSA & TCPFA Local 4757 v. County of Tulare, Public Employment Relations Board Case No. Unassigned

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.