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

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

June 5, 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: bosagendas.co.tulare.ca.us

 

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 Visalia's first all-girl Cub Scout pack.

3.               Presentation given by Community Services and Employment Training (CSET) regarding their TECH Connect Program.

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.               PUBLIC HEARING:   Request from the Resource Management Agency to allow members of the public to comment on the proposed Sequoia Commons Apartments project and funding for the project. Adopt the Resolution approving the issuance of tax-exempt Bonds in a principle amount not to exceed $15,000,000 by the California Municipal Finance Authority for the Sequoia Commons Apartment Project.

6.               PUBLIC HEARING:   Request from the Resource Management Agency to certify and adopt the Final EIR under the California Environmental Quality Act (CEQA), including Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program (MMRP) for the Goshen Community Plan 2018 Update (GPA 14-001) as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, including CEQA findings, and adopts the Mitigation Monitoring and Reporting Programs. Adopt the Goshen Community Plan 2018 Update (GPA 14-001), and Amendments to the General Plan Planning Framework Element, Open Space (Environmental Resources Management) Element, Land Use Element, Circulation Element (Part I) and the Community Plans Element (Part II).  Waive the final reading and adopt Amendments to Section 18.9 and Section 16 of Tulare County Ordinance No. 352, the Zoning Ordinance, and Map Amendments to rezone properties consistent with the Goshen Community Plan 2018 Update as follows: Zone Ordinance Amendment (PZC 15-009) to Section 18.9 to adopt a Mixed-Use Combining Zone within the Goshen Urban Development Boundary (UDB). Zone Ordinance Amendment (PZC 18-002) to Section 16 to allow additional by-right uses within the Goshen UDB. Zone Ordinance Amendment (PZC 15-008) as set forth in Zoning District Ordinance Map consistent with the Goshen Community Plan 2018 Update. Adopt the findings of approval set forth in Planning Commission Resolution No. 9438 (Final EIR), Planning Commission Resolution No. 9439 (Goshen Community Plan 2018 Update), Planning Commission Resolution No. 9440 (Section 18.9 Mixed-Use), Planning Commission Resolution No. 9441 (Section 16 By-Right Uses) and Planning Commission Resolution No. 9442 (Zoning District Ordinance Maps). Authorize the Chairman to sign any and all necessary zoning changes under Ordinance 352, and specifically changes to Sections 18.9 and Section 16 to add the Community of Goshen to include the Mixed-Use Combining Zone and additional by-right uses. Direct the Clerk of the Board to publish once in the Visalia Times-Delta newspaper the summary of the ordinance amendments and amended zoning map 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 Tulare County Zoning Ordinance 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, or designee, of the Tulare Resource Management Agency to file the Notice of Determination with the Tulare County Clerk. Approve more detailed findings. Authorize the Director of the Resource Management Agency, or designee, to make appropriate technical revisions to the General Plan Amendment, Community Plans, and associated project documents.

7.               PUBLIC HEARING:   Request from the Resource Management Agency to certify that the Board has reviewed and considered the information contained in the Categorical Exemption Title 14, Cal. Code Regulations Section 15061 (b)(3), the General Rule, and Section 15301, Class 1, pertaining to Existing Facilities. That the Exemption prepared for the Cantu project is applicable to the General Plan Amendment No. GPA 17-032 and Change of Zone No. PZC 17-014, as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Determine that there is no substantial evidence that said General Plan Amendment and Zone Change Amendment will have a significant effect on the environment and determine that the Exemptions pursuant to 14 California Code Regulations, 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. Direct the Environmental Assessment Officer or designee to file a Notice of Exemption with the Tulare County Clerk-Recorder.  Adopt the findings of approval and map changes for the General Plan Amendment No. 17-032 and Change of Zone No. PZC 17-014, as set forth in the Planning Commission Resolution No. 9412. Waive the final reading and adopt the amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for PZC 17-014. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.

8.               PUBLIC HEARING:   Request from the Resource Management Agency to accept the Categorical Exemption as the appropriate environmental determination, consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, pursuant to Title 14, Cal. Code Regulations Section 15303, Class 3, pertaining to New Construction or Conversion of Small Structures. Direct the Environmental Assessment Officer or designee to file a Notice of Exemption with the Tulare County Clerk-Recorder as provided by CEQA. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 9406 and approve Zone Change No. PZC 17-013. Waive the final reading and adopt the amendment to Ordinance No. 352, the Tulare County Zoning Ordinance. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.

(Consent Calendar)

CONSENT CALENDAR (Numbers 9 through 52)

 

 

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

9.               Approve an agreement with the California Department of Food and Agriculture for providing State subvention to offset costs of providing European Grapevine Moth detection trapping services, in an amount not to exceed $134,273, retroactive to January 1, 2018 through December 31, 2018. Find that the Board had authority to enter into the proposed agreement as of January 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

10.           Approve an agreement with the California Department of Food and Agriculture to provide State funding of $222,441.54 to offset costs of providing Navel and Valencia Inspections services for the state Maturity/Freeze program effective July 1, 2018 through June 30, 2019.

Auditor-Controller/Treasurer-Tax Collector

11.           Authorize the Treasurer to transfer to the General Fund, pursuant to Government Code 50050, 50053, and 50055, unclaimed funds currently in the Probation and Tax Collector special fund accounts.

Board of Supervisors

12.           Reappoint Michael D. George, Director Seat to the Tulare County Pest Control District for a term ending April 23, 2022.

13.           Approve an agreement with Community Services Employment Training, Inc. for the 2018-19 #LEAD program services in an amount not to exceed $149,990, effective July 1, 2018 through June 30, 2019.

County Administrative Office

14.           Ratify actions by the County Administrative Officer during the months of April and May 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.

15.           Approve the Memorandum of Understanding with the Superior Court of Tulare County for the provision of general services for court facilities and One-Time Funding to support the Preliminary Hearing Courtroom located in the Superior Court’s Pretrial Facility in an amount not to exceed $178,407, effective July 1, 2018 through June 30, 2019.

 

Health & Human Services Agency

16.           Approve an agreement with Asana Integrated Medical Group for the provision of acute psychiatric inpatient professional services for Short-Doyle and Medi-Cal beneficiaries in an amount not to exceed $2,100,000 ($700,000 per Fiscal Year), retroactive from July 1, 2017 through June 30, 2020.

17.           Approve an agreement with Davis Guest Home, Inc. for the provision of resident care facility services in an amount not to exceed $150,000, effective July 1, 2018, through June 30, 2019.

18.           Approve an agreement with the National Council on Alcoholism and Drug Dependence in an amount not to exceed $175,000, effective July 1, 2018 through June 30, 2019.

19.           Approve an agreement with Central Star Behavioral Health, Inc. to provide youth acute inpatient Psychiatric Health Facility beds and related mental health treatment for the benefit of Tulare County youth consumers in an amount not to exceed $250,000, effective July 1, 2018, through June 30, 2019.

20.           Approve an agreement with Star View Behavioral Health, Inc., to provide Community Treatment Facility and Psychiatric Health Facility beds and related mental health treatment for Tulare County Mental Health Consumers in an amount not to exceed $300,000, effective July 1, 2018 through June 30, 2019.

21.           Approve a Memorandum of Understanding with the Superior Court of California, County of Tulare in an amount not to exceed $249,656.92 ($94,900.11 for one (1) Courtroom Clerk position in the Porterville Division and $154,665.81 for two (2) Courtroom Clerks for the Visalia Division) effective July 1, 2018 through June 30, 2019.

22.           Approve an agreement with Arieh R. Whisenhunt, M.D., for the provision of psychiatric services in an amount not to exceed $620,000 ($310,000 per Fiscal Year 2018/2019 and 2019/2020), effective July 1, 2018 through June 30, 2020.

23.           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, effective July 1, 2018 through June 30, 2019.

24.           Approve an agreement with Kings View Corporation for the provision of outpatient methadone maintenance program in an amount not to exceed $1,145,000, effective July 1, 2018 through June 30, 2019.

25.           Approve an agreement with Tulare Youth Service Bureau, Inc. for the Full Service Partnership Childrens program to provide mental health services in an amount not to exceed $1,300,000, effective July 1, 2018 through June 30, 2019.

26.           Approve an agreement with David E. Kilgore, M.D., for the provision of psychiatric services in an amount not to exceed $227,000, effective July 1, 2018 through June 30, 2019.

27.           Approve an agreement with Tulare Youth Service Bureau, Inc. for the Family Interaction Program in an amount not to exceed $136,884, effective July 1, 2018 through June 30, 2019.

28.           Approve an agreement with Tulare County Superintendent of Schools for the provision of mental health services to Tulare County adolescents and children in an amount not to exceed $6,000,000, effective July 1, 2018 through June 30, 2019.

29.           Rescind the prior Resolution 2017-0659. Authorize the submission of a Technical Assistance Grant Application to the State of California, Department of Housing and Community Development No Place Like Home Program for $100,000 in funding for Fiscal Year 2017-2018. Approve the acceptance of grant funds when awarded and disbursed. Ratify the Director of Mental Healths signature on the No Place Like Home Technical Assistance Grant Application and authorize the Tulare County Health and Human Services Agency Director, or designee, to act on the Agency's behalf in all matters pertaining to the application, as authorized by prior Resolution 2017-0659. Authorize the attached Resolution requested by the California Department of Housing and Community Development.

30.           Approve an amendment to Agreement No. 28221 with Parenting Network, Inc. to increase the maximum amount of the agreement from $180,000 to $186,000 for the provision of a Differential Response Pre and Post Services program retroactive from February 1, 2018 through June 30, 2018 for services in Porterville. Find that the Board had authority to enter into this proposed amendment as of February 1, 2018 and that it was in the County's best interest to enter into the amendment on that date.

31.           Authorize the acceptance of $150,000 from Kings County for mutual Suicide Prevention Task Force operations and continuing projects for Fiscal Year 2017-2018.  Authorize the Chairman to sign the Acceptance of Cost Share Funds in an amount not to exceed $150,000. Approve the necessary budget adjustments (4/5th vote required).

32.           Approve an agreement with Woodlake Unified School District for the provision of a Differential Response Pre and Post Services program in an amount not to exceed $101,000, effective July 1, 2018 through June 30, 2019.

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

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

35.           Approve the Tulare County Council on Child & Youth Development 2018 Zip Code Priorities Report.

36.           Approve an amendment to Agreement No. 28220 with Parenting Network, Inc. to increase the maximum amount of the agreement from $175,515 to $185,515 for the provision of a Parent Partner program, retroactive to March 1, 2018. Find that the Board had authority to enter into the proposed amendment as of March 1, 2018 and that it was in the County's best interest to enter into the amendment on that date.

37.           Approve an agreement with Parenting Network, Inc. for the Porterville Family Resource Center to provide direct skill training through the SafeCare program to high-risk parents in an amount not to exceed $115,000, effective July 1, 2018 through June 30, 2019.

38.           Approve an agreement with Parenting Network, Inc. for the Visalia Family Resource Center direct skill training through the SafeCare program to high-risk parents in an amount not to exceed $114,640, effective July 1, 2018 through June 30, 2019.

39.           Approve an agreement with Tulare County Superintendent of Schools to provide Foster Youth liaison staff to establish key provisions supporting the educational opportunities within the best interest of the children in foster care in an amount not to exceed $717,285 for three years, effective July 1, 2018 through June 30, 2021.

40.           Approve budget adjustments for the Healthy CalFresh Initiative Award from the California Department of Social Services (4/5ths vote required).

41.           Approve an amendment to Agreement No. 28317 with Lindsay Unified School District to increase the maximum amount of the agreement from $150,000 to $156,000 for the provision of a Differential Response Pre and Post Services program, retroactive from February 1, 2018 through June 30, 2018. Find that the Board had authority to enter into this proposed amendment as of February 1, 2018 and that it was in the County's best interest to enter into the amendment on that date.

42.           Approve an agreement with Lindsay Unified School District for the provision of a Differential Response Pre and Post Services program in an amount not to exceed $156,000, effective July 1, 2018 through June 30, 2019.

43.           Approve an amendment to Agreement No. 27917 with the California Department of Public Health, Office of AIDS, for the AIDS Drug Assistance Program, to receive revenue retroactive from July 1, 2016 through June 30, 2020, to incorporate new State required exhibits and to extend the contract period to one (1) additional year. It is anticipated that the State will reimburse for specific activities related to the HIV/AIDS Drug enrollment program. Find that the Board had authority to enter into the proposed agreement as of July 1, 2016 and that it was in the County's best interest to enter into the amendment on that date.

Information & Communications Technology

44.           Approve a purchase from the Visalia Convention Center for use of meeting space and amenities for the 2018 Central Valley Technology Expo & Conference in an amount not to exceed $9,650 from February 21, 2018. Find that the Board had authority to approve this purchase as of February 21, 2018, and that it was in the County’s best interest to approve the purchase on that date.

45.           Approve an agreement with Northwoods Consulting Partners, Inc., for Compass support in an amount not to exceed $101,515, retroactive from June 1, 2018 through May 31, 2019. Find that the Board had authority to enter into the proposed agreement as of June 1, 2018, and that it was in the County’s best interest to enter into the agreement on that date.

Probation

46.           Approve an amendment to Agreement No. 26647 with the City of Visalia in an estimated amount of $44,434 for providing Non-custody Intake Program services, effective July 1, 2018 through June 30, 2019.

47.           Approve an agreement with Porterville Unified School District for the Campus Probation Officer Program in an amount not to exceed $120,149, effective July 1, 2018 through June 30, 2019.

48.           Approve an agreement with Turning Point of Central California in an amount not to exceed $350,000 per year, 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.

Resource Management Agency

49.           Approve and award the contract to the lowest responsive and responsible bidder, Agee Construction Corporation, of Clovis, California, in the amount of $1,386,121 for construction of the D129 Sand Creek Bridge Project. 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 contingencies in the amount of $81,806 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or designee, to approve change orders up to the amount of $81,806.

50.           Approve a Program Supplement Agreement with the California Department of Transportation for the Project Approval & Environmental Documentation (PA/ED), Plans, Specifications & Estimates (PS&E), and Right of Way (R/W) Phases of the Pixley Main Street Improvements Project in an amount not to exceed $332,000.

51.           Approve a Program Supplement Agreement with the California Department of Transportation for the Plans, Specifications, and Estimate (PS&E) Phase of the Woodville Sidewalk Improvements Project in an amount not to exceed $75,000.

Sheriff/Coroner

52.           Approve a Memorandum of Understanding between the Tulare County Sheriff's Office and the State of California Campaign Against Marijuana Planting Program to provide task force services for the period of July 1, 2018 through October 30, 2018.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

53.           Request from the Resource Management Agency to waive the second reading and adopt an ordinance adding section 1-03-1080 to Chapter 3 Part I of the Ordinance Code of Tulare County, pertaining to the delegation of authority to the Tulare County Resource Management Agency Director to acquire interest in real property. Direct the Clerk of the Board to publish the ordinance after adoption as required by law.

54.           Request from the Fire Department to submit five (5) Fire Prevention Program Grant Applications for California Climate Investment Forestry Health Grants designed to provide fuel reductions that result in community defense zones and hazard tree removal in the communities of South Fork, Posey, Hartland, Silver City and Camp Nelson. Authorize the Fire Chief, or his designee, to sign and submit the grant applications. Receive an update on tree mortality activities.

55.           Request from the Board of Supervisors' staff to approve the policy changes to the Step Up Loop Bus program. Authorize staff to apply the policy changes to the Loop Bus application.

 (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

Please see today’s public hearing regarding Sequoia Commons Apartment Project

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Please see today’s public hearing regarding Goshen Community Plan 2018 Update

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Please see today’s public hearing regarding Ducor Rezoning

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Please see today’s public hearing regarding Exeter Rezoning

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APNs 305-020-023; 305-140-003; & 305-140-015

Agency Negotiators:  Michael C. Spata; John Hess; Robert Newby

Negotiating Party or Parties:  Nancy Moure; The Nature Conservancy

Under Negotiation:  Price and Terms of Payment

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  420 N. Burke Street, Visalia, CA

Agency Negotiators:  Michael C. Spata; John Hess; Robert Newby

Negotiating Party or Parties:  City of Visalia

Under Negotiation:  Price and Terms of Payment

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  County of Tulare v. Tulare Local Health Care District

Tulare County Superior Court Case No. VCU271247

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Serna v. Robles, et al.

California Superior Court, Visalia Division VCU272687

ITEM I

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.