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

 

 

August 14, 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.               Recognize Lori Looney upon her retirement from the General Services Agency for her many years of County Service.

3.               Presentation given by the Tulare County Sheriff's Office regarding the Junior Youth Development Programs new NFL flag football league.

4.               Public Comments.

(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.               Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for projects recommended by the Tulare County Fish and Wildlife Commission. Authorize the Environmental Assessment Officer, or their designee, to sign and file the Notice of Exemption with the Clerk-Recorder. Approve $5,000 for projects recommended by the Tulare County Fish and Wildlife Commission for Fiscal Year 2018/2019, and authorize the Agricultural Commissioner to approve disbursement of funds for these projects upon adoption of the Fish and Wildlife Propagation Program (Fund 011) budget for Fiscal Year 2018/2019.

6.               Approve an agreement with the California Department of Food and Agriculture to provide State funding of $20,124 to offset costs of providing nursery inspection services for the state Nursery Inspection program retroactive from July 1, 2018 through June 30, 2019. Find that the Board had authority to enter into the proposed Agreement as of July 1, 2018, and that it was in the Countys best interest to enter into the Agreement on that date.

Auditor-Controller/Treasurer-Tax Collector

7.               Approve the agreement with PFM Asset Management, LLC for the Medium Maturity Investment Pool (1 to 5 Years) at a rate of .055% for the first $600 million and .035% for amounts over $600 million with a $375,000 cap for the first year.  The contract will take effect on September 1, 2018 and shall continue until this agreement is terminated.

Board of Supervisors

8.               Reappoint Matthew D. Graham to the District 3 Seat and George Ouzounian to the District 4 Seat on the Assessment Appeals Board for terms ending September 7, 2021.

9.               Reappoint Donna Luallen to the District 3 Seat and James V. Crew to the District 5 Seat on the Tulare County Fish and Wildlife Commission for terms ending September 4, 2020.

10.           Reappoint Walter Bricker to the Member 2 Seat and Mark Larsen to the Member 4 Seat on the Tulare County Flood Control Commission for terms ending September 1, 2022.

11.           Appoint Eric R. Quinley to the Member 1 Seat on the Tulare County Flood Control Commission for a term ending September 1, 2022.

12.           Appoint Suzy Ward to the Faith Community Representative Seat on the Tulare County Task Force on Homelessness for a term ending January 1, 2020.

13.           Appoint Vincent Salinas to the Member 13 - Incorporated Cities Seat on the Agricultural Policy Advisory Committee for a term ending June 30, 2020.

 

Health & Human Services Agency

14.           Approve a Memorandum of Understanding with California Automated Consortium Eligibility System in conjunction with the Welfare Client Data System Consortium for the procurement, implementation, maintenance, and operations of shared eligibility determination services effective upon date of California Automated Consortium Eligibility Systems board approval, through the formation of the California Statewide Automated Welfare System.

15.           Approve a Memorandum of Understanding with the California Ventura Automated Collection System Association for Tulare County's participation in the fourteen-county consortium in an amount not to exceed $13,279, retroactive from July 1, 2018, through June 30, 2019. Find that the Board had the authority to enter into the agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

Library

16.           Approve a Memorandum of Understanding between the Tulare County Sheriff's Department and the Tulare County Library Department to provide County Library Literacy Staffing and Services for the Sheriff's correctional facilities in an amount not to exceed $50,000 from AB109 funding, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had authority to enter into the proposed agreement as of July 1, 2018 and that it was in the County's best interest to enter into the agreement on that date. Authorize the Tulare County Library Department to provide the services described in the Memorandum of Understanding to the Tulare County Sheriff's Department. Authorize the County Administrative Officer to sign the Memorandum of Understanding. If AB 109 funding is not sufficient to fully fund the additional position in future fiscal years, such position shall be deleted so as not to incur any Net County Cost, unless there are extenuating circumstances justifying retention of the affected position, in which case such position shall be approved by the Board of Supervisors.

Resource Management Agency

17.           Approve the Plans, Special Provisions, Proposal and Contract for the construction of the Bear Creek Road over Rancheria Creek Bridge Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Bear Creek Road over Rancheria Creek Bridge Project.

18.           Approve an agreement with the Lindsay-Strathmore Irrigation District and Strathmore Public Utility District, for the transfer and conveyance of water. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

19.           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 their designee, to file a Notice of Exemption with the Clerk-Recorder.  Approve the designation of a One-Way STOP controlled intersection on Denver Avenue (LA378) at Kate Road (LR58), and an All-Way STOP controlled intersection on Avenue 378 at Road 58, in the community of London. Authorize the installation of STOP signs on Denver Avenue at Kate Road, and on Avenue 378 at Road 58, in accordance with the provisions of Sections 2B.04 and 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

20.           Approve a Two-Year Extension of Time to April 27, 2019, for Tentative Subdivision Map No. TSM 758/PSR, requested by River Island East Homeowners Association, c/o Michael Mahoney, 32903 Riverside Drive, Springville, CA  93265 on property located on the northeast corner of Green Drive and Montgomery Drive, south of State Route 190, west of Springville.

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 their designee, to file a Notice of Exemption with the Clerk-Recorder. Approve the designation of a Two-Way STOP controlled intersection on Dooley Drive (D213A) at Vineyard Drive (D208A), in the community of Richgrove. Authorize the installation of STOP signs on Dooley Drive at Vineyard Drive, 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).

22.           Authorize the filing of three Notices of Partial Non-Renewal for the following three Land Conservation Contracts, as provided in the Williamson Act. The requests fulfill conditions resulting from two lot line adjustments and one tentative parcel map: WAN 18-002  Williamson Act Contract No. 10776, Ag Preserve No. 3684, on the northeast corner of Road 40 and Avenue 384, southeast of Kingsburg (APN 029-120-009) (Arline M. Huckabay) (1.66 acres to be non-renewed as a condition of PLA 18-003.) (39.3 acres subject to contract amendment.) WAN 18-005  Williamson Act Contract No. 3878, Ag Preserve No. 0989, on the southwest corner of Avenue 304 and Road 64, south of Goshen (APNs 073-070-002 & -008) (Jim A. Bakker) (1.39 acres to be non-renewed as a condition of PLA 17-035.) (96.6 acres subject to contract amendment.) WAN 18-007  Williamson Act Contract No. 10641, Ag Preserve 3621, on west side of Road 140, approximately 0.25 miles north of Avenue 336, north of Visalia (APN 051-110-003) (Franz X. Waltenberger) (1.0 acre to be non-renewed as a condition of PPM 18-023.) (39.0 acres subject to contract amendment.). Approve the execution of amendments to the Land Conservation Contracts, as conditions of approval for the aforementioned Partial Non-Renewals.

23.           Approve a non-project exemption (14 Cal. Code. Regs.  15378), a general rule exemption (14 Cal. Code. Regs.  15061(b)(3), and a Class 8 Categorical Exemption, (14 Cal. Code. Regs.  15308) pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines in connection with adoption of the proposed ordinances. Waive the second reading and adopt an ordinance repealing Chapter 11 of Part V of the Tulare County Ordinance Code, pertaining to Possession, Consumption, Distribution, Transportation, Cultivation and Growing of Medical Marijuana; adopting a new Chapter 11 of Part V of the Tulare County Ordinance Code, pertaining to Restrictions on Cannabis Activities; and repealing Chapter 21 of Part VI of the Tulare County Ordinance Code, pertaining to Medical Marijuana Business License: Regulation of Possession, Consumption, Distribution, Transportation, Cultivation and Growing. Waive the second reading and adopt an ordinance repealing Section 15.3 of Ordinance no. 352, the Zoning Ordinance of Tulare County, pertaining to Medical Marijuana Collectives and Cooperatives; and adopting a new Section 15.3 of Ordinance no. 352, the Zoning Ordinance of Tulare County, pertaining to Cannabis Activities. Direct the Clerk of the Board to publish a summary or summaries of the ordinances and post a full copy of the ordinances after adoption, as required by law. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Clerk-Recorder in accordance with the above referenced actions. Designate the Resource Management Agency Director, or their designee, as the official Tulare County contact for state cannabis licensing authorities.

24.           FOR INFORMATION ONLY: Bid Opening Results for 2017 Community Project - Phase 3

CONTRACTOR                               BID AMOUNT

DOD Construction                             $616,036.00

Avison Construction                           $857,506.00

 

Engineers Estimate                           $620,000.00

 

Sheriff/Coroner

25.           Approve an agreement with the College of the Sequoias to provide emergency dispatch services in an amount not to exceed $13,640, retroactive from July 1, 2018 through June 30, 2020. Find that the Board had authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County’s best interest to enter into agreement on that date.

26.           Ratify and approve a Memorandum of Agreement with the Santa Barbara County Sheriff's Office for reimbursement to the County for expenditures for providing mutual aid to Santa Barbara County related to the Thomas Fire incident in the amount of $21,130, retroactive from July 27, 2018. Find that the Board had the authority to enter into the proposed Memorandum of Agreement as of July 27, 2018, and that it was in the County's best interest to enter into the Memorandum of Agreement on that date. Ratify the Chairman's signature on the Memorandum of Agreement.

27.           Approve the grant award agreement with First 5 of Tulare County for the Gang Awareness Parenting Program (GAPP) to accept grant funding in the amount of $558,000, which includes $418,500 from the grant award and $139,500 matching funds retroactive from July 1, 2018 through June 30, 2021. Approve an agreement with Family Services of Tulare County to provide counseling services in support of GAPP in an amount not to exceed $365,010, retroactive from July 1, 2018 through June 30, 2021. Find that the Board had authority to enter into the proposed agreements as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.           Request from the Health and Human Services Agency to ratify the submission of a grant application to the California Department of Veterans Affairs for adding a full-time Veterans Services Representative position to the Tulare County Veteran Services Office in an amount not to exceed $40,000, retroactive from February 21, 2018. Find that the Board had authority to submit the application as of February 21, 2018, and that it was in the County's best interest to submit it on that date. Ratify and authorize the Tulare County Health and Human Services Agency Director, or their designee, authorization to submit the grant application. Approve an agreement with the California Department of Veterans Affairs in an amount not to exceed $40,000, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had authority to enter into the agreement as of July 1, 2018 and that it was in the County's best interest to enter into this on that date. Approve the necessary budget adjustments (4/5ths vote required). Approve a Personnel Resolution to add one (1) FTE Veteran Services Representative effective, August 19, 2018.

29.           Request from the Resource Management Agency to approve and award the contract to the lowest responsive and responsible bidder, for construction of Avenue 152 Safety Improvements 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. Waive the bid irregularities that have been identified regarding the lowest responsive and responsible bidder. Allow funds for contingencies in the amount of $25,000 plus 5% of the contract amount over $250,000 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or their designee, to approve contract change orders up to the amount of allowed funds for contingencies.

30.           Receive a presentation from the General Services Agency regarding the integration and reorganization of the General Services Agency Purchasing Division. Appoint the General Services Agency Director to serve as the Purchasing Agent ex-officio, effective August 18, 2018.

31.           Request from the General Services agency to introduce and waive the first reading of an ordinance amending the heading of, and amending or repealing various sections of, Article 7 of Chapter 3 of Part I of the Ordinance Code, pertaining to Purchasing. Set the second reading for August 28, 2018. Direct the Clerk to publish a summary of the ordinance before the second reading as required by law.

 (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: 2

See today’s Board of Supervisors Agenda item pertaining to Request from RMA to Update the County’s Permanent Marijuana Ordinances, Section 15.3 of the Zoning Ordinance, Part V, Chapter 11 and Part VI, Chapter 21 of the Tulare County Ordinance Code.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Sierra Club et al v. County of Tulare, et al.

Tulare County Superior Court Case No. VCU272380

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 2

See Today’s Board of Supervisors Agenda Item regarding Award of 152 Safety Improvements Project.

ITEM D

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

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Tafano Candelaria v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ10754218

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Paul Grenseman v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ9570294

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Alice B. Lopez v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ1589941

ITEM H

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

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

The Board may meet in a continuous closed session each business day on this topic beginning immediately upon recess of the open portion of this meeting through August 20, 2018.

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.