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

 

 

 

 

JASON T. BRITT

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 TULARE COUNTY FLOOD CONTROL DISTRICT

 

October 30, 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.               Presentation given by Paul Yoder, Shaw/Yoder/Antwih, Inc. regarding an update on State Legislation.

3.               Present Proclamation recognizing October 2018 as Italian Heritage Month in Tulare County.

4.               Public comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 24)

 

 

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.               Approve an agreement with the California Department of Food and Agriculture (CDFA) to provide State funding of $253,985 to offset costs of providing Exotic Pest detection trapping services, retroactive from July 1, 2018 through June 30, 2019.

Board of Supervisors

6.               Reappoint Joni Jordan to the Trustee Seat on the Eshom Valley Cemetery District for a term ending January 3, 2022.

7.               Appoint Randy Tellalian to the District 5 Seat on the Assessment Appeals Board for a term ending September 2, 2019.

Clerk of the Board

8.               Approve the new Conflict of Interest Code adopted by the following agency:

Groundwater Sustainability Agency

Eastern Tule Groundwater Sustainability Agency

County Administrative Office

9.               Designate the month of November 2018 as “Court Adoption and Permanency Month” in Tulare County.

10.           Waive the second reading and adopt an ordinance amending Sections 1-19-1205 of Article 5 of Chapter 19 of Part 1, of the Ordinance Code, pertaining to Mileage and Per Diem of Grand Jurors.

General Services Agency

11.           Approve an amendment to Agreement No. 27503 with Bell and Howell, LLC to remove maintenance service for the Criterion II X Bin Sorter and maintain the BH 2000 VIP Inserter for the remainder of the agreement term with RDR & IJ, in an amount not to exceed $26,914 ($13,258 for year four, and $13,656 for year five), effective November 1, 2018 through October 31, 2020.

12.           Approve an agreement with Fluence Automation, LLC to provide maintenance service for the Criterion II X Bin Sorter with RDR & IJ in an amount not to exceed $55,683 ($27,430 for year one and $28,253 for year two), effective November 1, 2018 through October 31, 2020.

13.           Approve a Lease Agreement with the City of Tulare for space located at 3989 S. K Street and 360 N. K Street in Tulare, for a Transit Center and Maintenance Yard, retroactive from October 1, 2018 through September 30, 2020. Approve an increase to the Transit budget for Fiscal Year 2018/19 in the amount of $31,500 for the Transit Center Lease Agreement with the City of Tulare. Approve the necessary budget adjustment (4/5ths vote required).

Health & Human Services Agency

14.           Approve an agreement with the University of California, Davis Extension for the provision of employee training services in an amount not to exceed $110,925, retroactive from July 1, 2018 through June 30, 2019.

15.           Approve the Mental Health Services Act, Connectedness 2 Community, Innovation Component Plan.

16.           Authorize the submittal of an application in the amount of $221,021 to the Governor’s Office of Emergency Services for the Fiscal Year 2018 Emergency Management Performance Grant. Accept funds from the Governor’s Office of Emergency Services for the Fiscal Year 2018 Emergency Management Performance Grant in the amount of $221,021, retroactive from July 1, 2018 through June 30, 2019.

Resource Management Agency

17.           Approve an amendment to Agreement No. 27432 with the California High-Speed Rail Authority (CHSRA) to provide CHSRA and its contractor additional time (1-year extension) to complete the Facility Work outlined in Sub-Utility Agreements 1.03-1.05 and 1.07.

18.           Approve the Lighting of the North Fork Bridge event to be held on November 16, 2018 through January 3, 2019 in the community of Three Rivers. Approve the Lighting of the North Fork Bridge event to be an on-going event for future years until such time as conditions of the event and/or the location change, and subject to timely submittals of complete application for each annual event.

19.           Approve the designation of a One-Way STOP controlled intersection on Ames Drive (Diagonal 210) at County Line Road (Avenue 0), in the community of Richgrove and authorize the installation of a STOP sign on Ames Drive at that location. 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, in connection with said designation and installation.

20.           Authorize the filing of a Notice of Partial Non-Renewals for the following Land Conservation Contracts, as provided in the Williamson Act and approve the execution of the amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial Non-Renewals. PNR 09-008  Williamson Act Contract No. 15656, Ag Preserve No. 2180, located on the east side of Road 48 approximately 780 feet north of the intersection of Avenue 424 and Road 48, northeast of Dinuba (APN 012-140-039, and 012-140-040), (Wawona Packing Co. LLC, and Norma Razo) (2.0 acres to be non-renewed as a condition of Tentative Parcel Map No. PPM 05-025) (16.69 acres subject to contract amendment). PNR 05-024  Williamson Act Contract No. 4933, Ag Preserve No. 1540, located on the northeast corner of Avenue 400 (State Rt. 201 and Road 172, east of Seville (APN 036-130-011 and 036-130-012), (Nancy Cardenas, Mary E. Meling Family LTD Partnership, and Gladys E. Meling Family LTD Partnership) (1.0 acre home-site to be non-renewed as a condition of Lot Line Adjustment No. PLA 05-055) (16.24 acres subject to contract amendment). PNR 09-011  Williamson Act Contract No. 7376, Ag Preserve No. 2320, located on the northeast corner of the intersection of Avenue 228 and Road 148 approximately 3.25 miles east of Tulare (APN 195-070-049 and 195-070-050), (Joseph P. and Tawni L. Fernandes) (0.37 acres to be non-renewed as a condition of Lot Line Adjustment No. PLA 08-006) (38.3 acres subject to contract amendment). PNR 09-022  Williamson Act Contract No. 5851, Ag Preserve No. 2076, located on the northwest corner of Avenue 328 and Road 164 approximately 1,400 feet east of Ivanhoe (APN 108-070-040 and 108-070-041), (Robert Hardin) (1.49 acres to be non-renewed as a condition of Lot Line Adjustment No. PLA 09-016) (29.02 acres subject to contract amendment).

21.           Authorize the filing of a Notice of Partial Non-Renewals for the following Land Conservation Contracts, as provided in the Williamson Act and approve the execution of the amendments to the Land Conservation Contracts. PNR 08-031  Williamson Act Contract No. 4842, Ag Preserve No. 1584, located on the northwest corner of the intersection of Road 36 and Avenue 396, east of Kingsburg (APN 028-070-057, and 028-070-058), (Brook R. and Tara Paulsen) (1.24 acres to be non-renewed as a condition of Tentative Parcel Map No. PPM 08-063) (17.65 acres subject to contract amendment). PNR 10-011  Williamson Act Contract No. 7101, Ag Preserve No. 1754, located on the east side of Road 168, approximately 1,500 feet north of Avenue 308, east of Visalia (APN 111-020-014 and 111-020-015), (Florence Watts Johnston) (Trust, Separate Property), Florence Watts Johnston and James F. Simons) (1.02 acre home-site to be non-renewed as a condition of Tentative Parcel Map PPM 09-054) (34.34 acres subject to contract amendment). PNR 08-023  Williamson Act Contract No. 3270, Ag Preserve No. 0542, located on the southwest corner of the intersection of Avenue 264 and Road 176 approximately 1.83 miles southwest of Exeter (APN 153-100-014 and 153-100-018), (Keith B. and Michele Lee Tharp, and Barbara J. Tharp) (1.26 acres to be non-renewed as a condition of Lot Line Adjustment No. PLA 08-023) (23.89 acres subject to contract amendment). PNR 09-016  Williamson Act Contract No. 14573, Ag Preserve No. 4089, located on the east side of Road 56 approximately 950 feet south of Avenue 416, east of Dinuba (APN 012-230-052 and 012-230-053), (Leonard E. and Rose Hughes, and Smittcamp AG. Enterprises Series DL) (0.36 acres to be non-renewed as a condition of Lot Line Adjustment No. PLA 09-008) (10.78 acres subject to contract amendment). PNR 09-017  Williamson Act Contract No. 14572, Ag Preserve No. 4089, located on the east side of Road 56 approximately 750 feet south of Avenue 416, east of Dinuba (APN 012-230-052 and 012-230-053), (Leonard E. and Rose Hughes, and Smittcamp AG. Enterprises Series DL) (1.13 acres to be non-renewed as a condition of Lot Line Adjustment No. PLA 09-008) (4.06 acres subject to contract amendment). PNR 09-013  Williamson Act Contract No. 2623, Ag Preserve No. 0080, located approximately 1,600 feet east of Powell, between Palm and Fritz in the Lindcove Reality Company Subdivision, north of Exeter (APN 115-110-040), (Joan I. Ayers) (6.14 acres to be non-renewed as a condition of Final Site Plan PSR 06-004).

22.           Review and approve the submittal of an application for $200,000 in grant funding from the Strategic Growth Council Transformative Climate Communities (TCC) Program Grant Program for the Matheny Tract Climate Adaptation Plan. Approve the filing of an application designating the County of Tulare as the lead applicant for the Sustainable Growth Strategy for Transformative Climate Communities (TCC) Program Grant Program for the Matheny Tract Climate Adaptation Plan in order to become a more sustainable community. Certify that the Proposal will comply with any applicable laws and regulations including being consistent with the States Planning Priorities identified in AB 32 (Nunez, Chapter 488, Statutes of 2006) and AB 2722 (Burke, Chapter 371, Statutes of 2016)  by funding planning projects that reduce greenhouse gas (GHG) emissions through the development and implementation of neighborhood-level transformative climate community plans that include multiple, coordinated GHG emissions reduction planning projects that provide local economic, environmental, and health benefits to disadvantaged communities. Agree to meet the Collaboration Requirements of the focus area applicable to the Proposal; and includes all required documents in the application package.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

23.           Approve an agreement with Stantec Consulting Services, Inc. for Consulting Services for the preparation of a Storm Water Resource Plan in an amount not to exceed $38,832, retroactive from September 17, 2018 through December 31, 2018. Approve the necessary budget adjustment (4/5ths vote required).

24.           Approve the Cottonwood Creek Storm Water Resources Plan. Approve the Resolution regarding the Juvenile Detention Facility Detention/Retention Project.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

25.           Request from the Sheriff's Office to approve an agreement with the Tulare County Office of Education to provide law enforcement services outlined in the Tobacco Law Enforcement Prop 56 Grant program at designated school sites in Tulare County in an amount not to exceed $182,437 ($79,831 for year one and $102,606 for year two), retroactive from July 1, 2018 to June 30, 2020, retroactive from July 1, 2018 to June 30, 2020. Approve the necessary budget adjustments(4/5ths vote required). Approve a Personnel Resolution to increase the position allocation by adding one (1) FTE Sheriff's Deputy II position, effective October 28, 2018.

26.           Request from the County Counsel Office to approve the Post-Retirement Employment of County Administrative Officer Michael C. Spata as an Extra Help Attorney for the County Counsels office, effective January 1, 2019. Waive the 180-day waiting period to return to work for the position.

27.           Presentation given by the Fire Department regarding the Local Assistance for Tree Mortality Program. Authorize the Fire Chief to hire ten (10) additional Extra Help Seasonal Firefighters, and procure Tree Mortality project related training, tools, equipment, and personal protective gear in an amount not to exceed $55,000. Approve the necessary budget adjustments, (4/5ths vote required).

28.           Request from the Fire Department to approve an agreement with CalFire California Climate Investment Grant No. 5GG17234 for the Camp Nelson Hazard Fuel and Tree Reduction Project in an amount not to exceed $523,145, effective October 30, 2018 through November 30, 2021. Approve an agreement with CalFire California Climate Investment Grant No. 5GG17235 for the Silver City Hazard Fuel and Tree Reduction Project in an amount not to exceed $200,019, effective October 30, 2018 through August 31, 2020. Approve an agreement with CalFire California Climate Investment Grant No. 5GG17236 for the Hartland Hazard Fuel and Tree Reduction Project in an amount not to exceed $198,290, effective October 30, 2018 through November 30, 2021. Approve an agreement with CalFire California Climate Investment Grant No. 5GG17237 for the Posey Hazard Fuel and Tree Reduction Project in an amount not to exceed $248,314, effective October 30, 2018 through November 19, 2020. Approve an agreement with CalFire California Climate Investment Grant No. 5GG17238 for the South Fork Hazard Fuel and Tree Reduction Project in an amount not to exceed $190,466, effective October 30, 2018 through July 30, 2020. Approve a Categorical Exemption for each project consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Sections 15269(c) and 15301 Existing Facilities (c). Approve a one-time General Fund Transfer to the Fire Fund in Fiscal Years 2019/20, 2020/21, and 2021/22 in the amount of $55,000 each Fiscal Year for project related Personal Protective Equipment, Tools, and Equipment.

 (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 LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Jason T. Britt

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees.