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

 

 

December 11, 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 the Tulare County Treasurers Project.

3.               Presentation of the 2018 Movember participants and announcement of the Challenge Winners.

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.               PUBLIC HEARING:  Request from the Resource Management Agency to review and receive citizen input and comments regarding the proposed Community Development Block Grant application activities.

6.               PUBLIC HEARING: Request from the Resource Management Agency to certify the Final Environmental Impact Report and adopt the Mitigation Monitoring and Reporting Program prepared for Special Use Permit No. PSP 16-006/Final Site Plan No. PSR 15-006 and Tentative Parcel Map No. PPM 15-040/PSR consistent with the Planning Commission Resolution No. 9563. Conditionally approve Special Use Permit No. PSP 16-006/Final Site Plan No. PSR 15-006 consistent with the Planning Commission Resolution No. 9564 to provide entitlement for a 7,500 sq. ft. Dollar General retail store on a 1.34-acre portion of a 28.23-acre parcel in the PD-F-M (Planned Development  Foothill Combining  Special Mobilehome) Zone, located on the north side of State Route 190, at the intersection with Montgomery Drive, southwest of the Community of Springville. Conditionally approve Tentative Parcel Map No. PPM 15-040/PSR, with the requirement to file a final map consistent with the Planning Commission Resolution No. 9565.

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 through 30)

 

 

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.

 

Assessor/Clerk-Recorder

7.               Approve the capital asset purchase of a scanner in an amount not to exceed $21,750. Approve the necessary budget adjustments (4/5ths vote required).

Board of Supervisors

8.               Cancel the Board of Supervisors meeting scheduled for January 1, 2019.

9.               Appoint Vicki Lyn Riddle to the Trustee Seat on the Exeter Public Cemetery District for a term ending January 6, 2020.

10.           Reset the staggering of terms for the Board of Trustees of the Tulare Public Cemetery District and the Visalia Public Cemetery District to every other even-numbered year.

11.           Approve the designation of a section of Road 132 in memory of Tulare County Sheriff Correctional Deputy Jeremy W. Meyst.

Clerk of the Board

12.           Approve the new or amended Conflict of Interest Code adopted by Kings River Union Elementary School District.

13.           Approve the new or amended Conflict of Interest Code adopted by Tulare City School District.

14.           Approve the new or amended Conflict of Interest Code adopted by Tulare Mosquito Abatement District.

15.           Approve the new or amended Conflict of Interest Code adopted by Tulare Public Cemetery District.

16.           Approve the new or amended Conflict of Interest Code adopted by Visalia Unified School District.

County Administrative Office

17.           Approve an agreement with Kings/Tulare Homeless Alliance for the Landlord Mitigation Fund Program Services, in an amount not to exceed $50,000, effective December 11, 2018 through June 30, 2019.

District Attorney

18.           Approve a capital asset purchase of one vehicle in an amount not to exceed $33,000.

General Services Agency

19.           Accept the Visalia Wellness and Recovery Center Project as complete. Approve an amendment to Agreement No. 28575 with Atkins Bergreen, Inc. to increase the contract amount by $6,148.39, from $692,820 to $698,968.39, and increase the contract time by 30 calendar days.

20.           Authorize staff to purchase furniture and equipment for the South County Detention Facility in an amount not to exceed $360,000, directly from the following vendors:  Norix Furniture, Motorola, Metrasens, and J&E Restaurant Supply. Waive the bid process otherwise required by the Purchasing Ordinance.

21.           Approve the PG&E Rule 21 Generator Interconnection Agreement for the Solar Project at the Probation Juvenile Facility.

Human Resources & Development

22.           Approve an Administrative Services Agreement with Chimienti & Associates Insurance Services to perform administrative services related to the Tulare County Flexible Benefit Plan, effective January 1, 2019 through December 31, 2019.

23.           Approve a Participation Agreement with the San Joaquin Valley Insurance Authority for the purpose of participating in the SJVIA health insurance programs (medical, dental, vision and prescription) for eligible employees, retirees, and special districts, effective January 1, 2019 through December 31, 2019.

24.           Approve a side letter agreement with the Tulare County Deputy Sheriff’s Association (TCDSA) Unit 13 and Unit 15 regarding language changes to the TCDSA Memorandum of Understanding to comply with the U.S. Supreme Court decision of Janus v. AFSCME and Senate Bill 866.

Resource Management Agency

25.           Approve the Climate Action Plan 2017/2018 Annual Progress Report.  Direct the Resource Management Agency Director, or designee, in concert with the County Administrative Officer, to take all necessary and proper action to implement the Climate Action Plan and satisfy the terms of the Stipulated Settlement.

26.           Authorize the filing of four (4) Notices of Partial Non-Renewal for the following Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from three (3) Tentative Parcel Maps, and one (1) Lot Line Adjustment: PNR 08-035  Williamson Act Contract No. 4484, Ag Preserve No. 1392, located on the west side of Road 80 approximately 1,960 feet north of the intersection of Avenue 392 and Road 80, south of Dinuba (APN 030-040-029, and 030-040-030), (Walter S. Peacock and Lynda Sue Peacock, and Wawona Packing Co., LLC) (1.5 acres to be non-renewed as a condition of Tentative Parcel Map No. PPM 07-125) (37.62 acres subject to contract amendment). PNR 08-042  Williamson Act Contract No. 13203, Ag Preserve No. 3869, located on the east side of Road 124 (State Route 63) approximately 860 feet south of the intersection of Avenue 340 and Road 124, north of Visalia (APN 051-150-100, and 051-150-101), (Antonio Ambrosio Nunes and Mary Alice Nunes) (1 acre to be non-renewed as a condition of Tentative Parcel Map No. PPM 08-007) (96.65 acres subject to contract amendment). PNR 09-002  Williamson Act Contract No. 3418, Ag Preserve No. 725, located on the west side of Road 104 approximately 1,300 feet south of the intersection of Avenue 412 and Road 104, south of Sultana (APN 021-220-042, 021-220-043 and 021-220-044), (Michael Garcia George and Katherine Martha George, and David Krauss  President of Wonderful Citrus II, LLC) (3 acres to be non-renewed as a condition of Tentative Parcel Map No. PPM 08-096) (35.26 acres subject to contract amendment). PNR 08-029  Williamson Act Contract No. 3035, Ag Preserve No. 413, located on the southeast corner of Road 192 and Avenue 136, south of Cotton Center-Poplar (APN 302-020-043 and 302-020-044), (Charles B. Pitigliano, Jr. and Nancy Pitigliano, and Alden Highstreet  Executive Member for Hope Almond Ranch, LLC) (1 acre to be non-renewed as a condition of Lot Line Adjustment No. PLA 07-063) (80 acres subject to contract amendment). Approve the execution of the amendments to the Land Conservation Contracts as condition of approval for the aforementioned Partial Non-Renewals.

27.           Approve the Earlimart Annual Christmas Parade to be held on Thursday, December 13, 2018 from 5:00 p.m. to 8:00 p.m. in the unincorporated community of Earlimart. Approve the Earlimart Annual Christmas Parade 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.

Sheriff/Coroner

28.           Approve a grant award agreement with the U.S. Department of Justice for the School Resource Officer Program to accept grant funding in an amount not to exceed $37,571, retroactive from October 1, 2016 through September 30, 2020.

29.           Approve an extension and budget adjustment from the Workforce Investment Board of Tulare County to provide pre-release job training services to Tulare County Inmates in an amount not to exceed $13,808, retroactive from September 1, 2018 through December 31, 2018. Approve the necessary budget adjustments (4/5ths vote required).

30.           Authorize the Tulare County Sheriff’s Office to apply for the California State Parks Division of Boating and Waterways Financial Aid Program for the 2019/20 fiscal year. Authorize the Tulare County Sheriff’s Office to participate in the California State Parks Division of Boating and Waterways Financial Aid Program for the 2019/20 fiscal year, following Board approval of an agreement between the County and the California State Parks Division of Boating and Waterways.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

31.           Receive a presentation from the Fire Department regarding the Local Assistance for Tree Mortality Program. Authorize the Fire Chief to hire ten (10) additional Extra Help Seasonal Firefighters. Authorize the Fire Chief, or their designee, to procure Tree Mortality project related tools, equipment, and personal protective gear in an amount not to exceed $31,000. Authorize the Fire Chief, or their designee, to provide safety training in an amount not to exceed $24,000. Approve the necessary budget adjustments (4/5ths vote required).

32.           Request from the Resource Management Agency to approve a Statutory Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15262 (Feasibility and Planning Studies) and Section 15061(b)3, the general rule exemption.  Adopt the Climate Action Plan 2018 Update Inclusive of a Comprehensive Inventory Update to satisfy the Sierra Club GPU settlement requirement for a Comprehensive Inventory Update, due by August 20, 2019.

 (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 Public Hearing Agenda Item regarding the Community Block Development Grant Application.

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 Public Hearing Agenda Item regarding the Dollar General Final Impact Report and Related Entitlements.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Tulare County v. Evalina Cruz, et al., 

Tulare County Superior Court Case No. 276291

ITEM D

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

[Government Code Section 54956.9(d)(4)]

Number of Potential Cases: 4

ITEM E

CONFERENCE INVOLVING A JOINT POWERS AGENCY

(Government Code Section 54956.96)

Name of JPA:  San Joaquin Valley Insurance Authority 

Discussion will concern:  Closed Session CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code, § 54956.9, subd. (d)(1)) — San Joaquin Valley Insurance Authority v. Gallagher Benefit Services, Inc., Fresno County Superior Court Case No. 17CECG01632, United States District Court for the Eastern District of California Case No. 1:17-cv-00861-LJO-EPG

Name of Local agency representative on JPA board:  Supervisors Pete Vander Poel, Steve Worthley, & Kuyler Crocker

Consultants or other representatives attending closed session:  Human Resources Director, Rhonda Sjostrom

ITEM F

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.