MEMBERS OF THE BOARD
KUYLER CROCKER – Vice Chairman
PETE VANDER POEL
J. STEVEN WORTHLEY – Chairman
Board of Supervisors
MICHAEL C. SPATA
County Administrative Officer
DEANNE H. PETERSON
2800 W. Burrel Avenue
Visalia, CA 93291
FAX (559) 733-6898
9:00 A.M. Board Convenes
Board of Supervisors Chambers
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)
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.
3. PUBLIC HEARING: Request from the Resource Management Agency to deny the appeal filed by Kristine Herd, et al, and affirm the Planning Commissions approval of Special Use Permit No. PSP 18-022 for an Assisted Living Facility (the Magnolia Group) located on a 2.06-acre parcel in the RA-100 (Rural Residential 100,000 sq. ft. minimum) Zone, east of the City of Tulare.
4. PUBLIC HEARING: Request from the General Services Agency to take public comments and consider the adoption of a Resolution making certain findings, and approving a Solar Power Purchase and Energy Storage Services Agreement and related Site Leases with California Solar 1, LLC. for the implementation of certain energy related improvements to County facilities. Adopt a Resolution making certain finding in accordance with Government Code sections 4217.10 et seq. Approve a Solar Power Purchase and Energy Storage Services Agreement and associated Site Leases with California Solar 1, LLC. to design, engineer, install, operate and maintain photovoltaic power generating systems (PV System) and battery energy storage systems (BESS) at seven (7) County sites for the period of twenty-five (25) years after the Final Commercial Operation Date. Approve a paving allowance of $750,000 to be reimbursed through the PPA rate at a cost of $496,774, and identify selected sites. Authorize the Chairman to sign the Agreements subject to review and approval as to form by County Counsel.
CONSENT CALENDAR (Numbers 5 through 31)
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.
5. Approve the transfer of funds to Capital Projects of up to $135,000 for repairs and upgrades on the Agricultural Commissioner’s buildings. Approve the necessary budget adjustments (4/5ths vote required).
6. Approve the Step Up Youth Activities Grant Awards as recommended by the Tulare County Youth Commission. The Tulare County Youth Commission voted to recommend that the Tulare County Board of Supervisors award $90,000 in funding from the Step Up Youth Activities Grant Program as follows: District 1: Family Services of Tulare County - $10,000; Pesticide Action Network of North America for the El Quinto Sol de America - $10,000; District 2: Community Services Employment Training - $10,000; Grandmas House - $10,000; District 3: Arts Visalia - $5,000, Tulare County Symphony League - $10,000; Christ Lutheran Church CLIP Arts Program - $5,000; District 4: Proteus, Inc. - $5,000; Act for Women and Girls - $5,000; Mending Fences - $5,000; American Youth Soccer Organization - $5,000; District 5: Self Help Enterprises - $10,000. Determine that the 2018 Step Up Youth Activities Grant Awards are necessary to meet the social needs of the population of Tulare County, including but not limited to the areas of: education, health and welfare, and the needs of financially handicapped persons.
7. Appoint Stephen Presant, Trustee Seat to the Tulare Public Cemetery District for a term ending January 1, 2021.
8. Appoint Kathryn Rubio, Community Member Seat to the Tulare County Community Health Center Board for a term ending April 18, 2022.
9. Approve an agreement with the California Department of Child Support Services regarding the use of an extra help attorney in an amount not to exceed $27,008, effective July 1, 2018 through June 30, 2019.
10. Approve a Memorandum of Understanding between the California Department of Insurance and the District Attorneys of Fresno, Tulare, Kings, Kern, Merced and Madera Counties, the Employment Development Department, and the Franchise Tax Board, effective July 1, 2018 through June 30, 2021. Authorize the District Attorney to sign the Memorandum of Understanding.
11. Approve an amendment to Agreement No. 27894 with Forcum Mackey, Inc. to increase the agreement amount by $27,581.06, from $4,296,616.72 to $4,324,197.78 for Phase I of the Countywide Space Improvement & Relocation Project. Increase the contract time by 17 calendar days for County Counsel Bid Package C. Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion for County Counsel Bid Package C, subject to review and approval as to form by County Counsel. Direct the Clerk of the Board of Supervisors to record the Notice of Completion for County Counsel Bid Package C with the Clerk-Recorder.
Health & Human Services Agency
12. Approve an agreement with Kings View Corporation for the provision of telepsychiatry services in an amount not to exceed $220,000, effective July 1, 2018, through June 30, 2019.
13. Approve an agreement with Community Services and Employment Training, Inc., to provide the Supported Employment and Volunteer Program in an amount not to exceed $755,527, effective July 1, 2018, through June 30, 2019.
14. Approve an agreement with San Joaquin Valley College for a clinical training program for students enrolled in licensed vocational nursing classes retroactive from October 1, 2017 through September 30, 2022. Find that the Board had authority to enter into the proposed agreement as of October 1, 2017 and that it was in the County's best interest to enter into the agreement on that date.
15. Approve an agreement with Tulare Youth Service Bureau, Inc. for the provision of mental health services to Tulare County adolescents and children in an amount not to exceed $5,500,000, effective July 1, 2018, through June 30, 2019.
16. Approve an amendment to Agreement No. 27264 with the California Department of Public Health for the Lifetime of Wellness: Communities in Action program, retroactive from March 1, 2015 through September 29, 2018, to receive funding in the amount of $1,927,984, an average of $481,996 per year. Find that the Board had authority to enter into the proposed amendment as of March 1, 2015, and that it was in the County's best interest to enter into the amendment on that date.
17. Approve an amendment to Agreement No. 28199 with Self Help Enterprises to support the continuation of the successor program to the Household Tank Program for an additional twelve months, effective June 12, 2018, through June 30, 2019.
18. Approve an amendment to Agreement No. 27772 for Cash Advances and Repayment between the County and the San Joaquin Valley Insurance Authority.
19. Approve an amendment to Agreement No. 27349 with the City of Lindsay to receive reimbursement for 50% of all costs of one-fifth (1/5) of a full time Probation Officer for the Non-Custody Intake Program, an estimated amount of $8,053, to extend the term of the agreement to June 30, 2019.
20. Approve an amendment to Agreement No. 27885 with the County of Inyo to extend the term of the agreement through June 30, 2019 to provide facilities and services for the detention and/or commitment of juvenile offenders.
21. Approve and award the contract to the lowest responsive and responsible bidder, Brough Construction from Arroyo Grande, California, in the amount of $3,208,507 for construction of Water System Improvements for Yettem Seville (Phase1) including Alternates Nos. 1, 2 & 3. 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 $172,925 to cover unexpected construction conditions. Authorize the director of the Resource Management Agency, or designee, to approve change order up to the amount of $172,925.
22. Accept the work for the construction of the Avenue 416 Widening Project as complete by Yarbs Grading and Paving, Inc. of Fowler, 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 Clerk-Recorder.
23. Approve an amendment to Agreement No. 26847 with Dokken Engineering to increase the original contract amount by $89,497.56 for Environmental Construction Support Services for the D129 Sand Creek Bridge Project.
24. Approve the Streambed Alteration Agreement with the California Department of Fish and Wildlife for the Bear Creek Road over Rancheria Creek Bridge Project.
25. Approve an amendment to Agreement No. 26845 with Biggs Cardosa Associates to increase the original contract amount by $56,300 for Construction Support Services for the D129 Sand Creek Bridge Project.
26. Introduce and waive the first reading of Text Amendments to Section 18.9 of Tulare County Ordinance No. 352, the Zoning Ordinance, and Map Amendments to rezone properties consistent with the Three Rivers Community Plan 2018 Update as follows: Zone Ordinance Amendment (PZC 17-047) to Section 18.9 of the Zoning Ordinance to adopt a Mixed-Use Overlay Combining Zone within Three Rivers; Zone Ordinance Amendment (PZC 17-048) as set forth in the Zoning District Ordinance Map (Rezoning Plan), consistent with the Three Rivers Community Plan 2018 Update. Approve the Ordinance Amendment summaries and direct the Clerk of the Board to publish such summaries and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date of June 26, 2018, as required by Section 25124 et. seq. Set the Public Hearing for June 26, 2018 at 9:30 a.m., or shortly thereafter, as can be heard.
27. Introduce and waive the first reading of an Amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 16-004, from the A-1 (Agriculture) Zone to Andersen Village Specific Plan, located at the northwest corner of Road 16 and Avenue 396. The 54-acre site (+/- 48 Acres within Tulare County) is located on Tulare County Assessor Parcel Numbers (APNs) 028-140-007, 012, 013, 018 and 022, and Fresno County APNs 396-020-008 and 014, within the County Urban Development Boundary of Kingsburg and the Sphere of Influence of the City of Kingsburg. Set the Public Hearing for June 26, 2018 at 9:30 a.m. or shortly thereafter, as can be heard.
28. Approve an agreement between the Tulare County Sheriff's Office and Canteen of Fresno, Inc. to provide commissary services for inmates in Tulare County detention facilities, effective July 1, 2018 through June 30, 2019.
29. Approve payment for a four year extended warranty agreement with L3 Technologies Inc. in an amount not to exceed $48,000, effective July 1, 2018 to June 30, 2022.
30. Approve a Memorandum of Understanding between the Tulare County Sheriffs Office and the California State Parks Division of Boating and Waterways to provide financial reimbursement for Sheriffs Office training, effective July 1, 2018 through June 30, 2019.
31. Approve a capital asset purchase of a thermal imaging camera system to be installed on a Sheriff's aircraft in an amount not to exceed $649,000. Initiate the procurement process in FY 2017/18 for a capital asset purchase of the thermal imaging camera system to be received and paid in FY 2018/19.
(Items Not Timed)
Items not specifically timed may be taken in any order
32. Request from Human Resources and Development Department to approve the flexible allocation of five (5) existing Account Clerk II positions, per the Personnel Resolution, effective June 24, 2018 (pay period 15). Approve the reclassification of twenty-six (26) current Account Clerk II incumbents to Account Clerk III, per the Personnel Resolution, effective June 24, 2018 (pay period 15). Authorize implementation of changes and reclassifications pending completion of the meet and confer process with impacted unions.
33. Request from the Resource Management Agency to receive a presentation regarding the Three Rivers Historical Societys planned Museum expansion and related community improvements. Consider the Societys request for a $250,000 donation to fund construction of public restrooms to serve visitors to Three Rivers. Find that funding the proposed Phase 1 improvements meets the public purposes of: (1) enhancing public health and safety, (2) provides alternative comfort stations that will reduce impacts on local business facilities, and serves as a visitor attraction for the community, thus providing economic benefit. Provide appropriate direction to County staff. Direct Capital Projects Division of the General Services Agency to publically bid and manage construction of Phase 1 (public restrooms). Direct staff to develop an MOU with the Society that obligates the organization to own, maintain and operate the restrooms as a public facility in consideration for public funding to assist construction of same. Authorize the budget adjustments per AUD 308 (4/5ths vote required).
34. Request from the Resource Management Agency to receive a status update on the Traver Wastewater System Improvement Project. Provide direction regarding the Traver Wastewater System Improvement Project. Authorize and approve the Option to Agreement for Engineering Consultant Services for Traver Community Wastewater System Improvements Planning Study and Design with AECOM Technical Services, Inc. in an amount not to exceed $50,000. Authorize the necessary budget adjustments (4/5th vote required).
35. Request from the Board of Supervisors' staff to consider, modify as needed, and approve the responses to the 2017/2018 Tulare County Grand Jury Final Report entitled: Show Me the Records!!!
36. Request from the Board of Supervisors' staff to consider, modify as needed, and approve the responses to the 2017/2018 Tulare County Grand Jury Final Report entitled: “Where is Trust, Transparency, and Accountability?”
NOTICE TO THE PUBLIC
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
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
See today’s agenda pertaining to an Appeal of the Planning Commission approval of Special Use Permit No. PSP 18-022 for an Assisted Living Facility (the Magnolia Group)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: Tulare County’s Government Plaza, Tulare-Akers Professional Center, Civic Center East, Civic Center West, Bob Wiley Detention Facility, North Juvenile and Boot Camp Facility, and South County Detention Facility
Agency Negotiators: Michael C. Spata; John Hess; Brooke Sisk
Negotiating Party or Parties: Engie Services U.S
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: Northeast Corner of Main Street & Olive Avenue, Porterville, CA
Agency Negotiators: John Hess, Mike Spata, Robert Newby
Negotiating Party or Parties: Paynter Realty & Investments and Sunny Basra
Under Negotiation: Price and Terms of Payment
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.