(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.
2.
Present Proclamation to adopt the week of October 23-31,
2018 as Red Ribbon Week in Tulare County.
3.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
4.
PUBLIC HEARING: Request from the Resource Management
Agency to hold a Public Hearing to receive public comment and testimony on the
proposed Amendment to Ordinance No. 352, the Tulare County Zoning Ordinance,
for Change of Zone No. PZC 17-045 to change the zone on approximately 0.8 acres
(34,000 sq. ft.) from AE-40 (Exclusive Agriculture 40 acre minimum) to O
(Commercial Recreation), on property located on the south side of State Route
216, approximately 40 feet west of State Route 198, north of Lemon Cove. 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,
pertaining to New Construction or Conversion of Small Structures. Direct the
Environmental Assessment Officer, or their designee, to file a Notice of
Exemption with the Clerk-Recorder as provided by CEQA. Adopt the findings of
approval, as set forth in Planning Commission Resolution No. 9508 for Zone
Change No. PZC 17-045. Adopt the Amendment to Ordinance No. 352, the Tulare
County Zoning Ordinance for Zone Change No. PZC 17-045. Direct the Clerk of the
Board to publish the adopted Ordinance and Amended Zoning Map.
(Consent Calendar)
CONSENT CALENDAR (Numbers 5 through 26)
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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.
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Board of Supervisors
5.
Reappoint James J. Costa to the Trustee Seat on the Woodville
Public Cemetery District for a term ending January 3, 2022.
6.
Appoint Krissie Leach to the Parent/Consumer Seat on the Tulare
County Council on Child and Youth Development for a term ending June 30, 2019.
7.
Appoint Sandra Juarez to the Seat 11-Family Seat on the Mental
Health Board for a term ending December 31, 2020.
8.
Appoint Nicholas Galusha to the Director Seat on the Ducor
Community Services District for a term ending December 7, 2018.
9.
Reappoint Richard A. Jones to the District 1 Seat on the Tulare
County Fish and Wildlife Commission for a term ending September 4, 2020.
District Attorney
10.
Approve a revised resolution
for Agreement No. 27994 for the Unserved/Underserved Victim Advocacy and
Outreach Program. Adopt a revised resolution which adds items 3 through 6 below
and puts the department in compliance with requirements under the
Unserved/Underserved Victim Advocacy and Outreach Program. The revised
resolution will supersede resolution 2017-0164. Recognize the Chair of the
Tulare County Board of Supervisors as having authority to submit the
application for the Unserved/Underserved Victim Advocacy and Outreach Program
to the California Governor's Office of Emergency Services, and as having
authority to execute on behalf of the County of Tulare the Grant Subaward,
including any extensions or amendments thereof. Agree to provide all matching
funds required for the project, including any extensions or amendments thereof.
Agree to abide by the rules and regulations of the California Governor's Office
of Emergency Services. Agree that grant funds received hereunder shall not be
used to supplant expenditures controlled by this body.
11.
Approve a revised resolution
for Agreement No. 27522 for the Elder Abuse Program. Adopt a revised resolution
which adds items 3 through 6 below and puts the department in compliance with
requirements under the Elder Abuse Program. The revised resolution will
supersede resolution 2016-0137. Recognize the Chair of the Tulare County Board
of Supervisors as having authority to submit the application for the Elder
Abuse Program to the California Governors Office of Emergency Services, and as
having authority to execute on behalf of the County of Tulare the Grant
Subaward, including any extensions or amendments thereof. Agree to provide all
matching funds required for the project, including any extensions or amendments
thereof. Agree to abide by the rules and regulations of the California
Governor's Office of Emergency Services. Agree that grant funds received
hereunder shall not be used to supplant expenditures controlled by this body.
12.
Approve an agreement with the
California Office of Emergency Services to provide continuing funding for the
Victim/Witness Assistance Program in the amount of $821,185, award amount of
$722,255 with a $98,930 County match for the period October 1, 2018 through
September 30, 2019. Find that the Board had authority to enter into the
proposed agreement as of October 1, 2018, and that it was in the County's best
interest to enter into the agreement on that date. Authorize the Chairman to
sign the Grant Subaward Face Sheet and the Subrecipient Grants Management
Assessment. Authorize the Chairman and the County Administrative Officer to
sign the Certification of Assurance of Compliance. Authorize the Project
Director, Financial Officer, and their signature designees to sign the
Signature Authorization form. Authorize the signatures of the District
Attorney, or designated staff, including the Project Director, Financial
Officer, and their signature designees, on the Signature Authorization form.
Recognize the Chair of the Tulare County Board of Supervisors as having
authority to submit the application for the Unserved/Underserved Victim
Advocacy and Outreach Program to the California Governor's Office of Emergency
Services, and as having authority to execute on behalf of the County of Tulare
the attached Grant Subaward, including any extensions or amendments thereof.
Agree to provide all matching funds required for the project, including any
extensions or amendments thereof. Agree to abide by the rules and regulations
of the California Governor's Office of Emergency Services. Agree that grant
funds received hereunder shall not be used to supplant expenditures controlled
by this body. Approve a capital asset purchase of two vehicles in an amount not
to exceed $76,307. Authorize the necessary budget adjustments (4/5ths vote
required).
Health & Human Services Agency
13.
Approve an agreement with
Family Services of Tulare County for the In-Home Parent Education Program in an
amount not to exceed $355,190, 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.
14.
Approve an agreement with
Bio-Behavioral Medical Clinics, Inc. for the provision of acute psychiatric
inpatient professional services for Short-Doyle and Medi-Cal beneficiaries in
an amount not to exceed $150,000 ($50,000 per Fiscal Year) retroactive from
July 1, 2017 through June 30, 2020. Find that the Board had authority to approve
this agreement as of July 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
Imperial Locum Services, APC for the provision of adult, adolescent, and child
psychiatric services in Tulare County Mental Health Clinics, in an amount not
to exceed $800,000 ($400,000 per Fiscal Year), retroactive from July 1, 2018
through June 30, 2020. Find that the Board had authority to enter into this
agreement as of July 1, 2018, and that it was in the County's best interest to
enter into this agreement on that date.
16.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
17.
Reaffirm the Proclamation of
Local Emergency due to Critical Shortage of Health Care Facilities, Resolution
No. 2018-0442.
18.
Reaffirm the Proclamation of a
Local Emergency due to tree mortality in Tulare County Resolution No.
2015-0850.
In-Home Supportive Services Public
Authority
19.
Approve the decrease of $0.03
in Administrative Costs on the Public Authority/Non-Profit Consortium Rate
Change Request.
Library
20.
Authorize the Tulare County Library
to waive extended use fees from November 1 to December 21, 2018 for donations
to local charities of food and other goods received in the Library.
Resource Management Agency
21.
Approve an amendment to
Agreement No. 26843 with Biggs Cardosa Associates for Construction Support
Services for the Bear Creek Road over Rancheria Creek Bridge Project, effective
October 9, 2018, to increase the original contract amount by $65,000 and to
extend the term of the agreement through December 31, 2020.
22.
Approve an amendment to
Agreement No. 26848 with Dokken Engineering for Environmental Construction
Support Services for the Bear Creek Road over Rancheria Creek Bridge Project,
effective October 9, 2018, to increase the original contract amount by
$66,801.59, and to extend the term of the agreement through December 31, 2020.
23.
Approve an Agreement with
Moffatt & Nichol Engineers, Inc. to provide Professional Engineering
Consulting Services for the Avenue 424 over Traver Canal Bridge Project in an
amount not to exceed $253,386, effective October 9, 2018 through June 30, 2021.
24.
Approve and award the contract
to the lowest responsive and responsible bidder, Agee Construction Corporation,
of Clovis, California, in the amount of $1,805,832 for construction of the Bear
Creek Road over Rancheria 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 $102,791 to cover unexpected construction conditions. Authorize
the Director of the Resource Management Agency or his designee to approve
change orders up to the amount of $102,791.
Sheriff/Coroner
25.
Approve the capital asset
purchase of a computer server to support the day-to-day operations of the
Sheriff’s Office Inmate Programs Engraving Unit, in an amount not to exceed
$8,500. Authorize the necessary budget adjustments (4/5ths vote required).
26.
Approve a capital asset
purchase of a Graykey Unit from Grayshift LLC., to search digital evidence for
investigations in the Sheriff’s Cyber Forensic Investigations Unit, in an
amount not to exceed $16,500. Approve the necessary budget adjustments (4/5ths
vote required).
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
27.
Receive a presentation from the Resource Management
Agency on the Storm Water Resources Plan and the Juvenile Detention Facility
Detention/Retention Project. Provide input and direction on the preparation and
implementation of the Storm Water Resources Plan. Agree to support the Tulare
County Flood Control District, a special district for which the Board of
Supervisors sits as the Board of Directors, in the completion of the Juvenile
Detention Facility Detention/Retention Project.
28.
Request from the Solid Waste Department to approve the
Notice of Restrictive Covenant to Prospective Purchasers for the Visalia
Landfill Waste Management Unit. Direct the Clerk of the Board to have the
Notice of Restrictive Covenant recorded with the Clerk-Recorder.
(Closed Session)
CLOSED SESSION
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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.
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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 agenda item regarding the Public
Hearing for the amendment of the Zoning Ordinance
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 3
County received and rejected 3 damage claims
from JT2, Inc., dba Todd Companies, concerning the company’s work on the
County’s Earlimart Neighborhood Park Project; Cutler Park Water Well
Replacement Project; and 2016 Community Transportation Infrastructure Project,
Phase 1.
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Limas, Guillermina, et al. v.
Tulare County & David Nguyen Tulare County Superior Court Case No.
VCU273192
ITEM E
CONFERENCE WITH LABOR
NEGOTIATOR
(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.
