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

 

 

May 7, 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.             Receive a presentation by Randy Dodd, President of Adventist Health Tulare.

3.             Present a Proclamation to recognize May 6-12, 2019 as National Nurses' Week in Tulare County.

4.             Present a Proclamation to recognize May 13-19, 2019 as National Salvation Army week.

5.             Present a Proclamation to recognize May 2019 as Cal Fresh Awareness Month in Tulare County.

6.             Service Award Presentations

DISTRICT 1 - Chairman Kuyler Crocker

 

NAME

DEPARTMENT

SERVICE YEARS

Shaureen N Estrada

County Counsel

15

Michelle M Jones

DA-Juvenile

20

Lynette J Bartlett

HHS-HS-BEST

20

Wanda Wilson

Prob-Juvenile Justice

15

 

 

 

 

 

 

DISTRICT 2 - Supervisor Pete Vander Poel

 

NAME

DEPARTMENT

SERVICE YEARS

Donn Dwyer

RMA-TR-Survey

15

Bobby Rackley

RMA-MG-#1-Viaslia Rd Yd 2

15

Danny Serpa

Prob-Center Street

15

Michael A Watson

Sher-Op-Captains

30

Johnny Wong

RMA-MG#1-Road Maintenance

30

 

 

 

DISTRICT 3 - Supervisor Amy Shuklian

 

NAME

DEPARTMENT

SERVICE YEARS

Marichu Baker

Prov-Admin-Visalia

15

Ashley Mendoza

Child Support Services Dept

15

Mike Steck

HHS-Admin-Agency Administration

15

Denise A Ybarra

Registrar of Voters

15

Gregory A Burns

Sher-Op-Detectives-Vio.Crimes

20

George F Graham

County Counsel

20

Anna M Isais

DA-Victim Witness

20

Katrenia L Marks

Child Support Services Dept

20

Michael M Vaca

Prob-Center Street

20

Gregory Scroggins

Prob-Center Street

30

 

 

 

District 4 - Supervisor Eddie Valero

 

NAME

DEPARTMENT

SERVICE YEARS

Mark Carrion

RMA-MG#1-Dinuba Rd Yd 4

15

Sharon Chavez

Child Support Services Dept

15

Priscilla Vivas

Prob-Juvenile Justice

20

 

 

 

District 5 Supervisor Dennis Townsend

 

NAME

DEPARTMENT

SERVICE YEARS

Mike Harvey

Sher-CS-Porterville

30

 

7.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

8.            PUBLIC HEARING: Request from the Resource Management Agency to consider approval of proposed amendments to the General Plan and Zoning Ordinance to allow construction and operation of a new Derrels Mini Storage facility, a landscape materials sales facility, and a used automobile sales lot on an approximately 17 acres located on the east side on Mooney Blvd (SR 63), approximately 660 feet south of Ave 264, north of the City of Tulare. Adopt the Initial Study/Mitigated Negative Declaration and associated Categorical Exemptions consistent with the Planning Commission recommendation (PC Resolution 9597). Adopt a General Plan Amendment (GPA 2019-A) consisting of GPA 17-031 & GPA 17-036 changing the land use designation from Mooney Corridor to Mixed Use (PC Resolutions 9598 & 9600). Adopt an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, consisting of PZC 18-015 & 18-043 changing the zoning from AE-20 (Exclusive Agriculture) to C-2 (General Commercial) (PC Resolutions 9599 & 9601).

9.            PUBLIC HEARING: Request from the Resource Management Agency to consider approval of proposed Ordinance Amendments regarding Parking Restrictions. Introduce and waive the first reading of an ordinance amending section 3-03-1015 of Article 1, and Articles 5 and 7, of Chapter 3 of Part III of the Tulare County Ordinance Code, relating to Standing, Stopping, and Parking. Set the second reading for May 21, 2019.

(Consent Calendar)

CONSENT CALENDAR (Numbers 10 through 32)

 

 

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

10.         Approve an agreement with Shaw, Yoder, Antwih, Inc. for state advocacy services, in the amount of $63,000 annually, plus qualified reimbursable costs, effective July 1, 2019 through June 30, 2021, with two optional one-year extensions for the same services and payment.

11.         Approve a resolution supporting balanced energy solutions and maintaining local control of energy solutions. 

12.         Reappoint Zack Stuller to the District 1 Seat, and Tamara Kelly to the District 3 Seat on the Tulare County Water Commission for terms ending April 30, 2021.

13.         Appoint Steve Pearson to the District 5 Seat on the Tulare County Planning Commission  for a term ending December 31, 2019.

Clerk of the Board

14.         Approve the amended Conflict of Interest Code adopted by Ducor Union Elementary School District.

District Attorney

15.         Approve an agreement with the California Office of Emergency to provide continuing funding for the Violence Against Women Vertical Prosecution Program Services in an amount not to exceed $202,545, with a $67,515 county match, for a total project cost of $270,060, effective July 1, 2019 through June 30, 2020.

16.         Approve a transfer in an amount not to exceed $200,000 from the District Attorneys Office department budget to Capital Projects for Fiscal Year 2018/19 to cover the costs for improvements to work space at the District Attorneys Burrel Avenue office. Approve the necessary budget adjustment (4/5ths vote required).

General Services Agency

17.         Approve Amendment to Agreement No. 28443 with Forcum Mackey Construction, Inc. to decrease the agreement amount by $29,361.91, from $6,115,644.68 to $6,086,282.77 for Phase II of the Countywide Space Improvement & Relocation Project. Authorize the Chairman to sign the Amendment. Accept the renovation of the Government Plaza Building (Government Plaza Bid Package B) as complete, and authorize the Chairman of the Board of Supervisors to sign the Notice of Completion for Bid Package "B" (Government Plaza). Direct the Clerk of the Board of Supervisors to record the Notice of Completion for Bid Package “B” (Government Plaza) with the office of the Tulare County Recorder.

Health & Human Services Agency

18.         Approve an agreement with Family Services of Tulare County for the In-Home Parent Education Program in an amount not to exceed $373,741, effective July 1, 2019 through June 30, 2020.

19.         Approve an agreement with Kings View Corporation for the Porterville Wellness and Recovery Center, in an amount not to exceed $533,000, effective July 1, 2019 through June 30, 2020.

20.         Approve an agreement with Turning Point of Central California, Inc. for the North County Mobile Unit, in an amount not to exceed $850,000 to provide mental health services, effective July 1, 2019 through June 30, 2020.

21.         Approve the Memorandum of Understanding with the Superior Court of California, County of Tulare to provide monitoring and evaluation of clients in Mental Health Court  in an amount not to exceed $29,849, retroactive from July 1, 2018 through June 30, 2019.

Information & Communications Technology

22.         Approve an amendment to Agreement No. 28905 to modify scope of work for the design and deployment of Secure Socket Layer-Virtual Private Network (SSL-VPN) and include the Design and Deploy NSX Bridge for the application migration at no additional cost to the County, retroactive from April 1, 2019 through August 30, 2019. 

Library

23.         Authorize an online grant application with the California State Library to apply for $100,000 in Library Services and Technology Act funds for a Mobile Library and Literacy Unit.

Registrar of Voters

24.         Waive the formal competitive bidding process for the sole-source purchase of a new voting system. Approve an agreement with Dominion Voting Systems, Inc. in an amount not to exceed $1,049,012 for the purchase of the Democracy Suite 5.2 Voting System. Approve shipping costs in an amount not to exceed $15,000. Approve the necessary budget adjustment (4/5ths vote required).

Resource Management Agency

25.         Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15302 Replacement or Reconstruction and Section 15300.4, Application by Public Agencies, for the Avenue 424 Traver Canal Bridge Project.

26.         Approve an agreement with Southern California Gas Company for providing a Natural Gas Service Line at the Tulare County Transit Operations and Maintenance Facility.

27.         Approve and award the contract to the lowest responsive and responsible bidder, Hobbs Construction Inc. from Fresno, California, in the amount of $2,497,629, for construction of the CNG Fueling System at the Transit Operations and Maintenance Facility. 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.

28.         Approve the Contract Change Order with Seals Construction Inc. for the Transit Operations and Maintenance Facility Project for a credit to the County in the amount of $1,675,350.61.

Sheriff/Coroner

29.         Approve an agreement with United States Department of Justice, Drug Enforcement Administration to provide staffing for the eradication of illicit marijuana,  in an amount not to exceed $300,000, retroactive from October 1, 2018 through September 30, 2019.

30.         Accept a capital asset donation to the Tulare County Sheriffs K-9 Unit from the Tulare County Sheriffs Foundation in the amount of $15,408.75, for the purchase of a dual-purpose dog and training.

31.         Approve an agreement with the County of Los Angeles to provide inmate transportation services effective July 1, 2019 until terminated.

32.         Approve the capital asset purchase of an aircraft dolly to support the day-to-day operations of the Sheriffs Aviation Support Unit in an amount not to exceed $5,500. Authorize the necessary budget adjustments 4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

33.         Request from the Heath and Human Services Agency to approve the Personnel Resolution to add one (1) FTE Animal Services Manager allocation, effective May 12, 2019.

34.         Request from the Agricultural Commissioner to introduce and waive the first reading of an ordinance amending Chapter 25 of Part IV of the Tulare County Ordinance Code, pertaining to Agricultural Application of Sewage Sludge. Set the second reading for the non-zoning ordinance May 21, 2019. Approve 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 15061(b)(3).

35.         Request from the Registrar of Voters to approve the creation of a Voting Accessibility Advisory Committee for the County of Tulare. Approve the Bylaws for the Voting Accessibility Advisory Committee.

36.         Request from the Registrar of Voters to approve the creation of a Language Accessibility Advisory Committee for the County of Tulare. Approve the Bylaws for the Language Accessibility Advisory Committee.

BOARD MEMBERS REQUESTS

37.         Board members may make a referral to staff to have staff place a matter of business on a future agenda (Gov. Code, sec. 54954.2, subd. (a)(3)).

38.         1:30 PM STUDY SESSION:  Request from the County Administrative Office to provide direction to staff on the following topics:

1. Presentation from Habitat for Humanity on their mission and activities within Tulare County. 

2. Update to Fire Hazard Abatement Process.

3. Review of the Step Up Program.

 (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

Please see today’s agenda item regarding the General Plan Amendment and Change of Zone for Derrel’s Mini Storage

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Please see today’s Agenda Item regarding the Ordinance Amending Chapter 3 of Part II of the Tulare County Ordinance Code, relating to Standing, Stopping, and Parking

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Please see today’s Agenda Item regarding Amendment of Biosolid Ordinances and Approval of Biosolid Management Permit Regulations

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Contractor Bernard Bros., Inc. has filed a disputed claim for additional compensation and relief from liquidated damages related to delays in its construction of the County’s South County Detention Facility in Porterville.

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: Unknown

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.