MEMBERS OF THE BOARD

 

KUYLER CROCKER – Chairman

District One

 

PETE VANDER POEL – Vice Chairman

District Two

 

AMY SHUKLIAN

District Three

 

EDDIE VALERO

District Four

 

DENNIS TOWNSEND

District Five

 

County Seal b&w

 

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

 

 

April 9, 2019

 

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 Timothy Durick upon his retirement from the Health and Human Services Agency for his many years of County service.

3.               Receive the Library Advisory Board's annual report and present a Proclamation recognizing the week of April 7-13, 2019 as National Library Week in Tulare County.

4.               Present a Proclamation recognizing April 24, 2019 as Denim Day in Tulare County.

5.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

6.               PUBLIC HEARING: Request from the Resource Management Agency to consider the proposed fee adjustments as listed in Attachment A (2019/2020 Proposed Fee Changes) and Attachment B (2019/20 Summary of Proposed Fee Changes). Receive a report from the Tulare County Resource Management Agency on Exhibit D Code Compliance Fee Study. Approve the Proposed Fees for the Tulare County Resource Management Agency, effective July 1, 2019, listed in Attachment C.

7.               PUBLIC HEARING:  Request from the General Services Agency Parks & Recreation Division to consider the proposed fee adjustments as listed in Attachment A (Tulare County General Service Agency 2019/20 Proposed Park Fees). Approve the Park Fee schedule, to be effective July 1, 2019.

8.               PUBLIC HEARING: Request from Health and Human Services Animal Services Agency to introduce and waive the first reading of an ordinance amending Sections 2, 4, 4.5, 5, 6, 7, 8, 18.7, Part II B and II G of Section 16, and adding new Section 15.10 to Ordinance  No. 352, the Zoning Ordinance of Tulare County, pertaining to Kennels. Introduce and waive the first reading of an ordinance amending Chapter 7 of Part IV of the Tulare County Ordinance Code, pertaining to Control of Animals. Set the second reading of the ordinances for April 30, 2019.

(Consent Calendar)

CONSENT CALENDAR (Numbers 9 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.

 

Board of Supervisors

9.               Amend Resolution No. 2018-1020 to Adopt the Order of Adjournment of the Board Supervisors meetings to specified times and locations as follows:

June 25, 2019 - District 2

Ø    The Regular Meeting will convene for purposes of Closed Session at 4:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 6:30 p.m. at the Pixley Middle School Cafeteria located at 1520 E. Court St., Pixley.

10.           Adopt the Order of Adjournment of the Board Supervisors meetings to specified times and locations as follows:

July 30, 2019 – District 5

Ø    The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 6:30 p.m. at the Springville Veterans Memorial Building located at 35944 Highway 190, Springville.

October 15, 2019 – District 4

Ø    The Regular Meeting will convene for purposes of Closed Session at 4:00 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 6:30 p.m. at the Ivanhoe Elementary School located at 16030 Ave. 332, Ivanhoe.

Clerk of the Board

11.           Approve the new Conflict of Interest Code adopted by Central Valley HealthCare Alliance.

12.           Approve the new Conflict of Interest Code adopted by Springville Public Utility District.

County Administrative Office

13.           Approve an agreement regarding the California Complete Count 2020 Census Outreach between the County of Tulare and the Tulare County Association of Governments (TCAG), effective upon execution through December 31, 2020.

General Services Agency

14.           Approve a lease agreement for space in the North Hangar at Sequoia Field with Sacramento Powered Paragliding Inc., a California Corporation, for a month-to-month term at a rate of $160.00 per month.

15.           Approve a new lease agreement, with County as Lessee, with Hyde Children Family Partnership II, a California Limited Partnership; David G. Hyde, as Trustee for the David G. Hyde Trust (Dated November 6, 2009); and Shelley Hyde, an Individual, to replace Tulare County Lease Agreement No. 19649 for space located at 3330 W. Mineral King, Ste. A, Visalia, for a term of seven years, with a three-year option to extend, at the initial monthly rate of $5,502.29. Approve Exhibit E, Memorandum of Lease for property located at 3330 W. Mineral King, Ste. A, Visalia.

16.           Approve a new lease agreement, with County as Lessee, with Hyde Children Family Partnership II, a California Limited Partnership; David G. Hyde, as Trustee for the David G. Hyde Trust (Dated November 6, 2009); and Shelley Hyde, an Individual, to replace Tulare County Lease Agreement No. 19650 for space located at 3346 W. Mineral King, Visalia, for a term of seven years, with a three-year option to extend, at the initial monthly rate of $6,420.87, and with a one-time lump sum payment of $6,500 to pay for certain voice/data cabling work and a one-time lump sum payment of $495.63 to install a solid core door. Approve Exhibit E, Memorandum of Lease for property located at 3346 W. Mineral King, Visalia.

17.           Approve a new lease agreement, with County as Lessee, with Hyde Children Family Partnership II, a California Limited Partnership; David G. Hyde, as Trustee for the David G. Hyde Trust (Dated November 6, 2009); and Shelley Hyde, an individual, to replace Tulare County Lease Agreement No. 27682 for space located at 3350 W. Mineral King, Visalia, for a term of seven years, with a three-year option to extend, at the initial monthly rate of $2,055.23, and with a one-time lump sum payment of $3,120 to pay for certain voice/data cabling work. Approve Exhibit E, Memorandum of Lease for property located at 3350 W. Mineral King, Visalia

18.           Approve an Amendment to Lease Agreement No. 27544 with Hyde Children Family Partnership II, a California Limited Partnership; David G. Hyde, as Trustee for the David G. Hyde Trust (Dated November 6, 2009); and Shelley Hyde, an Individual, for space located at 3500 W. Mineral King, Ste. A, Visalia, effective upon Board approval through March 14, 2023, at the initial monthly rate of $15,529.12. Approve Exhibit E, Memorandum of Lease for property located at 3500 W. Mineral King, Ste. A, Visalia.

19.           Approve a new lease agreement, with County as Lessee, with Hyde Children Family Partnership II, a California Limited Partnership; David G. Hyde, as Trustee for the David G. Hyde Trust (Dated November 6, 2009); and Shelley Hyde, an Individual, to replace Tulare County Lease Agreement No. 21727 for space located at 3500 W. Mineral King, Ste. B, Visalia, for a term of seven years, with a three-year option to extend, at the initial monthly rate of $15,997.25. Approve Exhibit E, Memorandum of Lease for property located at 3500 W. Mineral King, Ste. B, Visalia.

20.           Approve a new lease agreement, with County as Lessee, with Hyde Children Family Partnership II, a California Limited Partnership; David G. Hyde, as Trustee for the David G. Hyde Trust (Dated November 6, 2009); and Shelley Hyde, an Individual, to replace Tulare County Lease Agreement No. 22685 for space located at 3500 W. Mineral King, Ste. C, Visalia, for a term of seven years, with a three-year option to extend, at the initial monthly rate of $10,211.97. Approve Exhibit E, Memorandum of Lease for property located at 3500 W. Mineral King, Ste. C, Visalia.

21.           Approve the SCE Generating Facility Interconnection Agreement for the Solar Project at the Civic Center, 2200 W. Burrel Ave, Visalia, CA 93291.

Health & Human Services Agency

22.           Approve an amendment to Agreement No. 27824 with the California Department of Public Health Office of AIDS, for the Ryan White Human Immunodeficiency Virus Care Program, to augment original award amount by $105,088, in an amount not to exceed $938,556, retroactive from April 1, 2016 through March 31, 2019.

23.           Approve an agreement with the California State Association of Counties in the amount not to exceed $1,196,157 related to the Welfare Client Data Systems Consortium, effective April 9, 2019 through June 30, 2022.

24.           Approve a Memorandum of Understanding with the California Statewide Automated Welfare System (CalSAWS) effective June 28, 2019 to delineate the areas of understanding and agreement among the Consortium and the members regarding matters related to the administration and fulfillment of the Consortiums purpose. Approve the Second Amended and Restated Joint Exercise of Powers Agreement to include all 58 California counties and rename the consortium as the California Statewide Automated Welfare System (CalSAWS) effective June 28, 2019.

Resource Management Agency

25.           Approve the designation of an All-Way STOP control at the intersection of Avenue 280 (Caldwell) and Drives 85B & 88, west of the city of Visalia. Authorize the installation of STOP signs on Avenue 280 (Caldwell) at the intersection of Drives 85B & 88 in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC). 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 and 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.

26.           Adopt that the maintained mileage was 2,972.82 miles as of December 31, 2018. Direct the Clerk of the Board of Supervisors to return to the Resource Management Agency a certified copy of the resolution be filed with the State of California Department of Transportation.

27.           Approve and ratify expenditure cost beyond the Snow Removal Policy baseline limit by increasing expenditures of County Road funds for an additional $60,000 for the Alpine Village Sequoia Crest Community Services District and $50,000 for the Ponderosa Community Services District (CSD), matched in equivalent funds by the CSDs for providing snow removal services, retroactive from February 5, 2019 through the end of the 2018/2019 winter snow season.

28.           Authorize the Resource Management Agency Director and/or his designee to implement a Free Ride Day on April 13, 2019 on Tulare County Area Transit (TCaT) in honor of Earth Day and on such future days as recommended by the Tulare County Association of Governments.

Sheriff/Coroner

29.           Authorize the submission of an online grant application on April 30, 2019 to the California State Parks Division of Boating and Waterways for FY19/20 to purchase one patrol boat and accompanying trailer for the Sheriffs Boating and Safety Enforcement Unit in the amount of $110,000.

30.           Approve a Memorandum of Agreement with Butte County, CA for reimbursement to Tulare County for expenditures for providing mutual aid to Butte County, CA related to the “Camp Fire” incident.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

31.           Presentation given by the General Services Agency regarding the Tulare County Museum Agricultural Equipment Restoration Project.

32.           Request from the General Services Agency to open, examine, and declare sealed bids for lease of 14.23 acres of farmland located on the west side of Mooney Blvd,  mile south of Avenue 272, next to Government Plaza, in the City of Visalia. Call for oral bids that exceed by not less than five percent (5%) of the amount of the highest legitimate sealed bid pursuant to Government Code 2553. Direct staff to return on April 30, 2019 with a proposed successful bidder.

33.           Request from the Resource Management Agency to identify road rehabilitation projects to be constructed using revenue from the California Road Maintenance and Rehabilitation Account funding through the Local Streets and Roads Program during Fiscal Year 2019/2020 as 2020 Road Repair Accountability Act (RRAA) Project 1, 2020 RRAA Project 2, and 2020 RRAA Project 3.  Direct staff to submit the identified 2020 RRAA Project 1, 2020 RRAA Project 2, and 2020 RRAA Project 3 information to the California Transportation Commission in accordance with the requirements of the Road Maintenance and Rehabilitation Account guidelines.

34.           Receive a presentation from Board of Supervisors’ staff regarding the completion of the redesign of the Tulare County Capitol Display. Approve the dissolution of the Tulare County Capitol Display Ad Hoc Committee. 

35.           Request from the County Administrative Office to introduce and waive the first reading of an ordinance amending Section 1-07-1060 of Article 3 of Chapter 7 of Part 1, pertaining to Compensation of Supervisors. Unanimous vote required. Set the second reading for April 30, 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

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 proposed adjustment to the Planning and Development Fee Schedule.

ITEM C

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 proposed Tulare County Park fee adjustments.

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 3

See today’s public hearing agenda item regarding the proposed amendments to the Tulare County Zoning Ordinance pertaining to Kennels.

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Chan, Albert v. County of Tulare, et al.

Tulare County Superior Court Case No. VCU269829

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Loren Sansom v. County of Tulare

Workers’ Compensation Appeals Board Nos.: Unassigned AIG Claim Nos.: 124-097500, 124-900531

ITEM G

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.