KUYLER CROCKER – Vice Chairman

District One



District Two



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District Five



Board of Supervisors








County Administrative Officer



County Counsel


Chief Clerk



2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898



October 2, 2018


9:00 A.M. Board Convenes


Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291



Moment of Silence





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:


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 Proclamation recognizing October 2nd as National Custodial Workers Day.

3.               Present Proclamation to adopt the 2nd week of October 2018 as Code Enforcement Officer Appreciation Week in Tulare County.

4.               Public Comments.






(Timed Items)

5.               PUBLIC FORUM:  Conduct a public forum in accordance with Government Code Section 7283.1(d). Receive a report from the Board of Supervisors staff regarding local law enforcement agencies interaction and communication with the United States Immigration and Customs Enforcement in 2017 and receive public comment. 

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 15)




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

6.               Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for a Pesticide Disposal Project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice with the Clerk-Recorder. Approve an agreement  with the California Department of Pesticide Regulation (CDPR) for a Pesticide Disposal Project (PDP) in an amount not to exceed $119,000, effective October 2, 2018 through June 30, 2019. Approve an agreement with Clean Harbors to collect, safeguard, haul and properly dispose of pesticides collected during a Pesticide Disposal Project in an amount not to exceed $369,000,  effective October 2, 2018 through June 30, 2019. Approve the necessary budget adjustments per the attached AUD 308 (4/5ths vote required).

Auditor-Controller/Treasurer-Tax Collector

7.               Authorize cemetery special districts to replace the required annual audit with an audit covering a five-year period if annual revenues do not exceed $30,000. Approve Eshom Valley Cemetery District’s request to replace their biennial audit with an audit covering a five-year period (unanimous vote required).

County Administrative Office

8.               Approve an agreement with the Superior Court of California, County of Tulare, for the collection of a Public Defender registration fee on behalf of Tulare County, retroactive from July 1, 2018 through June 30, 2021. Find that the Board had authority to approve this agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date. 

District Attorney

9.               Approve a capital asset purchase of one vehicle in an amount not to exceed $29,605. Authorize the Purchasing Agent to waive the bid process and obtain quotes for this vehicle and six previously approved vehicles.

General Services Agency

10.           Accept Family HealthCare Network as the successful bidder for lease of 16,046 square feet of space in the Tulare Hillman Health Center, located at 1062 South K St., Tulare. Direct the Property Manager to begin negotiation of final terms and prepare a lease agreement with the successful bidder for Board approval.


11.           Approve the closure of three Tulare County Library Branches, Visalia, Springville, and Three Rivers to the public on the following Saturdays: January 19, 2019; February 16, 2019; May 25, 2019; August 31, 2019; and November 9 and 23, 2019. Approve the closure of the Tulare County Library Administration and Literacy offices to the public on the following Mondays: December 31, 2018 and December 23, 2019. Direct staff to post notices on this closure at the Library Branches, offices, and on the Tulare County Library website.

Resource Management Agency

12.           Approve a Standard Agreement with the State of California, Department of Transportation, for cost reimbursement of transit operating expenses in the amount of $856,489, retroactive to April 2, 2018 through September 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of April 2, 2018 and that it was in the County's best interest to enter into the agreement on that date. Authorize the Director of the Resource Management Agency, or his designee, to approve and sign invoices and requests for reimbursement under the Standard Agreement  upon approval of the agreement by the State. Authorize the Resource Management Agency Director, or his designee, to take actions as necessary for the purchase of buses through the Calact/MBTA Purchasing Cooperative for the bus purchases under the Standard Agreement.

13.           Waive the second reading and adopt an Ordinance to repeal Ordinance No. 3363, pertaining to the approval of Development Agreement No. 23575 (PDA 07-002), between the County of Tulare and MERG Investments. Approve an Agreement to Cancel Development Agreement No. 23575 (PDA 07-002). Transfer conditions of approval to Final Site Plan No. PSR 07-017. 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. Direct the Clerk of the Board to publish the ordinance after adoption as required by law.

14.           Authorize extending the Countywide Emergency Bottled Water Program to enroll new households that are either owner-occupied or tenant-occupied, including those who have not been enrolled in the prior program. Authorize limiting eligibility for new participants in the Countywide Emergency Bottled Water Program to only those households that can provide written documentation proving that their well is contaminated or dry. Approve the First Amendment to Agreement No. D1611965 [C/A 965] with the State Water Resources Control Board to incorporate new participant eligibility and other requirements for the Countywide Emergency Bottled Water Program, retroactive to August 7, 2018, through March 31, 2019. Find that the Board had authority to enter into the proposed amendment to the Agreement as of August 7, 2018, and that it was in the Countys best interest to enter into the Agreement on that date. Authorize and direct the Chairman to enter into and sign the amended funding agreement. Adopt a revised application template for the Countywide Emergency Bottled Water Program, which will include a check box for written proof of a contaminated or dry well.

15.           FOR INFORMATION ONLY: Bid Opening Results for the M220 Bear Creek (Rancheria) Bridge Replacement Project.

CONTRACTOR                                    BID AMOUNT

Agee Construction Corporation              $1,805,832.00

American Paving Company                    $2,194,111.50



Engineer’s Estimate                            $1,147,826.00


 (Items Not Timed)

 (Closed Session)







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



[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



(Government Code Section 54956.8)

Property Description:  1062 South K Street, Tulare, CA

Agency Negotiators:  Michael C. Spata, Jason T. Britt, John Hess, Robert Newby

Negotiating Party or Parties:  Family Healthcare Network

Under Negotiation:  Price and Terms of Payment



(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata, Jason T. Britt

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees.