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

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

July 24, 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 honoring the Sequoia Visalia Kiwanis Club on their 50th Anniversary.

3.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.               PUBLIC HEARING:   Request from the Resource Management Agency to conduct a Public Hearing to consider placement of delinquent water and sewer service fees, delinquent penalties, and Auditors collection charges for County Service Areas No. 1 and No. 2 on the 2018/2019 tax roll. Direct the Assessor to place delinquent sewer and water service fees, delinquent penalties, and the Auditors collection charges of County Service Areas No. 1 and No. 2 customers on the 2018/2019 tax roll if still delinquent after July 31, 2018.

5.               PUBLIC HEARING:   Request from the Resource Management Agency to conduct a Public Hearing to consider placement of delinquent water and sewer service fees, delinquent penalties, and Auditor’s collection charges for the Seville Water Company on the 2018/2019 tax roll. Direct the Assessor to place delinquent water service fees, delinquent penalties, and the Auditor’s collection charges of the Seville Water Company’s customers on the 2018/2019 tax roll if still delinquent after July 31, 2018.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TULARE TERRA BELLA SEWER MAINTENANCE DISTRICT

6.               PUBLIC HEARING:   Request from the Resource Management Agency to conduct a Public Hearing to consider placement of delinquent sewer service fees, delinquent penalties, and Auditor’s collection charges for the Terra Bella Sewer Maintenance District on the 2018/2019 tax roll. Direct the Assessor to place delinquent sewer service fees, delinquent penalties, and the Auditor’s collection charges of Terra Bella Sewer Maintenance District customers on the 2018/2019 tax roll if still delinquent after July 31, 2018.

ADJOURN AS THE TULARE TERRA BELLA SEWER MAINTENANCE DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 through 19)

 

 

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.

 

Board of Supervisors

7.               Reappoint Tim Peltzer to the Director Seat on the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2022.

8.               Appoint Eldonna Caudill to the District 1-Seat 1 on the Tulare County Youth Commission for a term ending June 30, 2020.

9.               Reappoint Rodney Blaco to the District 3-Seat 1 on the Tulare County Youth Commission for a term ending June 30, 2021.

General Services Agency

10.           Approve an amendment to Revocable License Agreement No. 27441 with Judicial Council of California for space located at 221 S. Mooney Boulevard, Visalia, CA, retroactive from July 1, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2018, and that it is in the County's best interest to enter into the agreement on that date.

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 Local Emergency due to Critical Shortage of Health Care Facilities, Resolution No. 2018-0442.

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

14.           Approve an amendment to Agreement No. 26230 with the California Department of Public Health Surveillance Research and Evaluation Branch for the HIV/AIDS Surveillance Program retroactive from July 1, 2016, through June 30, 2019, in an amount not to exceed $85,137. Find that the Board had authority to enter into proposed amendment as of July 1, 2016, and that it was in the County's best interest to enter into the amendment on that date.

Resource Management Agency

15.           Approve a two-year Extension of Time for Tentative Subdivision Map No. TM 785 to August 26, 2020, for Ray Di Carlo for the division of 67.2 acres into 54 single-family residential lots in the PD-F-M (Planned Development-Foothill Combining-Special Mobilehome) Zone, located on the south side of Avenue 176 (Frazier Valley Drive), approximately  mile west of Road 320, west of Springville.

16.           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 a One-Way STOP controlled intersection on Thurman Avenue (A155) at Redwood Street (LR220A), on the west side of Porterville. Authorize the installation of a STOP sign on Thurman Avenue at Redwood Street in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

17.           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 a One-Way STOP controlled intersection on Commercial Road (LR70) at Avenue 306, located in the community of Goshen. Authorize the installation of a STOP sign on Commercial Road at Avenue 306 in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

18.           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 a One-Way STOP controlled intersection on Road 127 at Avenue 413, located in the community of Orosi. Authorize the installation of a STOP sign on Road 127 at Avenue 413 in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

19.           Approve the Tolling Agreement between County of Tulare, Consolidated Irrigation District, Central Kings Groundwater Sustainability Agency, Steve Hash Farms, and Steven Cecil Hash and Elizabeth McNalley Shafer, as Trustees of the Hash/Shafer Revocable Trust to toll the statute of limitations for filing a lawsuit alleging CEQA violations.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

20.           Receive a presentation from the General Services Agency regarding the projects completed in Fiscal Year 2017/18 and the proposed Five Year Capital Improvement Plan for Fiscal Years 2018/19 – 2022/23. Approve the Five Year Capital Improvement Plan for Fiscal Years 2018/19 through 2022/23.

21.           Request from the District Attorney office to approve the Personnel Resolution amending the Fiscal Year 2018/19 position allocation as follows: Delete one (1) Legal Office Assistant III, Position No. 05243 (vacant), effective July 7, 2018; Delete one (1) Victim Witness Claims Specialist II, Position No. 03572 (vacant), effective July 7, 2018; Delete one Victim Witness Claims Specialist II, Position No. 03573 (filled), effective August 24, 2018, pending meet and confer with the affected bargaining unit. Authorize the Human Resources & Development Department to issue a layoff notice, pending meet and confer, effective August 23, 2018. Authorize a Y-rate of salary and benefits to incumbent in Position No. 03573. Authorize the budget and allocation adjustments to be made in the Final Budget 2018-19 process.

22.           Request from the County Administrative Office to receive the report regarding review of the Conflict Public Defender Services Agreement administered by the Allen Law Firm. Provide direction by the Board of Supervisors to the County Administrative Officer regarding a proposed new Conflict Public Defender Services Agreement.

 (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 Board of Supervisors Agenda - Request from RMA to approve placement of County Service Areas No. 1 and No. 2 delinquent sewer and water fees, delinquent penalties and Auditor’s collection charges on the 2018/2019 tax roll.

ITEM B

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 Board of Supervisors Agenda - Request from RMA to approve placement of the Seville Water Company delinquent water service fees, delinquent penalties and Auditor’s collection charges on the 2018/2019 tax roll.

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 today’s Board of Supervisors Agenda - Request from RMA to approve placement of the TBSMD delinquent sewer service fees, delinquent penalties and Auditor’s collection charges on the 2018/2019 tax roll.

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Albert Brockman v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ10092016

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Arlene Barton Gonzales v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ9318216, ADJ9318217

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Gordon Smith v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ9997317

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Services Employees International Union Local 521 v. County of Tulare, Public Employment Relations Board Case No. SA-CE-1063-M

ITEM H

PUBLIC EMPLOYEE PERFORMANCE EVALUATION: 

(Government Code Section 54957)

FOR THE POSITION OF: COUNTY COUNSEL

ITEM I

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  COUNTY ADMINISTRATIVE OFFICER OR INTERIM COUNTY ADMINISTRATIVE OFFICER

ITEM J

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.