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

 

November 5, 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

 

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the Clerk of the Board of Supervisors as soon as possible during office hours at (559) 636-5000 or at clerkoftheboard@co.tulare.ca.us. Reasonable requests made at least 48 hours in advance of the meeting will help to ensure accessibility to this meeting.

PUBLIC COMMENT PERIOD: 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.  Please complete and submit a comment card indicating your interest in that particular agenda item. 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.

 

Documents related to the items on this Agenda are available for public inspection in the Clerk of the Board of Supervisors Office, 2800 W. Burrel Avenue, Visalia, CA during normal business hours, 7:30 a.m – 5:30 p.m., Monday through Thursday and 8:00 a.m -12:00 p.m. on Friday.  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.


(

1.             Board of Supervisors matters.

2.             Present a Proclamation recognizing Young's Commercial Transfer as the California Distinguished Family Business of the Year.

3.             Present a Proclamation recognizing November 2019 as National Adoption Awareness Month in Tulare County.

4.             Recognize the Auditor-Controller's Office for receiving a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the Comprehensive Annual Financial Report (CAFR), and the California State Controller for the Counties Financial Transactions Reporting for meeting the criteria for financial transactions reporting.

5.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

6.            PUBLIC HEARING: Request from the Resource Management Agency to approve the vacation of Avenue 16 between Road 224 and State Route 65 near the unincorporated community of Richgrove, more particularly described in Exhibit A, Legal Description. Determine that Avenue 16 between Road 224 and State Route 65 is excess right of way and vacation thereof is in the public interest. Vacate Avenue 16 between Road 224 and State Route 65 and order that the public use is hereby vacated, reserving an easement and right necessary for public utilities. Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct the Environmental Officer, or designee, to sign and file a Notice of Exemption with the Clerk-Recorder. Direct the Clerk of the Board to cause a certified copy of the resolution to be recorded with the Clerk-Recorder.

7.            PUBLIC HEARING: Request from the Resource Management Agency to propose ordinance amendments regarding 2019 Building Code Adoptions.Introduce and waive the first reading of an ordinance amending Chapter 15 of Part VII of the Ordinance Code pertaining to building regulations in Tulare County. Set the second reading for December 17, 2019.  Direct the Clerk to publish a summary of the ordinance before the second reading as required by law.

(Consent Calendar)

CONSENT CALENDAR (Numbers 8 through 48)

 

 

NOTICE TO THE PUBLIC

These items are routine and usually approved by one motion. Before action by the Board, the Chairman will ask the Board Members and the public if they wish to remove any item from the Consent Calendar for separate consideration. Items removed from the Consent Calendar may be heard immediately before or after the approval of the Consent Calendar, or may be set aside until later in the morning.

 

 

 

 

Board of Supervisors

8.            Appoint Supervisor Amy Shuklian to the Director Seat, and Supervisor Kuyler Crocker to the Alternate Seat on the California State Association of Counties (CSAC) Board of Directors for the 2019-2020 year.

9.            Appoint Supervisor Kuyler Crocker to the Delegate Seat, and Supervisor Dennis Townsend to the Alternate Seat on the Rural County of Representatives of California (RCRC) Board of Directors for 2020.

10.         Appoint Supervisor Kuyler Crocker to the Delegate Seat, and Supervisor Dennis Townsend to the Alternate Seat on the Golden State Finance Authority (GSFA) Board of Directors for 2020.

11.         Appoint Supervisor Eddie Valero to the San Joaquin Valley Multiagency Working Group for a term ending at the Pleasure of the Board.

12.         Appoint the following in Lieu of Election to the Hope Water District as Directors for terms ending December 1, 2023: Matt Konda and Michael D. George.

13.         Reappoint the following in Lieu of Election to the St. Johns Water District as Directors for terms ending November 30, 2023: Jeff Ritchie, Jay te Velde and J.R. Shannon.

14.         Appoint Milo James Gorden to the Director Seat on the Tulare County Pest Control District for a term ending April 23, 2023.

15.         Appoint Luis Nevarez to the County Fire Chief's Association Seat on the Independent Ambulance Compliance Committee for a term ending December 31, 2020.

16.         Appoint Rose Slater to the District 2- Seat 2 on the Tulare County Youth Commission for a term ending June 30, 2020.

17.         Reappoint Shay Moore to the Hospitals Seat on the Independent Ambulance Compliance Committee for a term ending December 31, 2020.

County Administrative Office

18.         Approve payment for prior year invoices to David Allen Law Firm for legal services rendered for the Red Sol case, in an amount not to exceed $37,420 from January 4, 2016 through July 22, 2019. Approve the necessary budget adjustments (4/5ths vote required).

District Attorney

19.         Approve an agreement with the California Office of Emergency Services for the Human Trafficking Advocacy Program in an amount not to exceed $115,371, which includes an award amount of $92,296 with a $23,075 county match, to provide continuing funding, from January 1, 2020 through December 31, 2020. 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. Recognize the Chair of the Tulare County Board of Supervisors as having authority to submit the application for the Human Trafficking Advocacy Program to the California 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.

General Services Agency

20.         Approve an agreement with TMHSA Housing, Inc. to lease 1,880 square feet of office space located at 43 N. Lotas St., Porterville for an initial term of seven (7) years, with two (2), seven (7) year options to renew, and an annual rental amount of one dollar ($1).

21.         Approve an agreement with TMHSA Housing, Inc. to lease 2,872 square feet of office space located at 252 S. Sacramento St., Tulare for an initial term of seven (7) years, with two (2), seven (7) year options to renew, and an annual rental amount of one dollar ($1).

Health & Human Services Agency

22.         Approve an agreement with Fonemed, LLC. to provide after-hours nurse triage call-in services for patients in an amount not to exceed $21,000, retroactive from July 1, 2019 through June 30, 2022.

23.         Ratify and approve an agreement with California Department of Public Health, for the Women, Infants, and Children Program for funding up to the amount of $15,155,919, retroactive from October 1, 2019 through September 30, 2022. Ratify the Chairman’s signature on the agreement. Approve the necessary budget adjustment (4/5ths vote required).

24.         Approve a Memorandum of Understanding with the Housing Authority of Tulare County and TMHSA Housing Inc. pertaining to the provision of supportive permanent housing for the mentally ill and outlining the parties’ roles and responsibilities, effective November 5, 2019. There are no costs associated with this agreement.

25.         Approve the Memorandum of Understanding with Legacy Behavioral Services, Inc. to provide services on behalf of Tulare County Child Welfare Service’s foster children, retroactive from July 1, 2019 through June 30, 2022. This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information. There are no costs associated with this agreement.

26.         Approve an agreement between the Tulare County Health & Human Services Agency, Child Welfare Services Division and the Tulare Joint Union High School District to coordinate services and improve communication with children in foster care, effective November 5, 2019 through June 30, 2021. There are no costs associated with this agreement.

27.         Approve the Memorandum of Understanding with Valley Teen Ranch to provide services on behalf of Tulare County Child Welfare Service’s foster children, retroactive from July 1, 2019 through June 30, 2022. This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information. There are no costs associated with this agreement.

28.         Approve an agreement with Woodlake Unified School District for Tulare County Health & Human Services Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of the District referred to as a Medi-Cal Administrative Activities Claiming Unit, retroactive from July 1, 2019 through June 30, 2020. There are no costs associated with this agreement.

29.         Proclaim the Termination of a Local Emergency due to Drought in Tulare County, Resolution No. 2014-0090.

30.         Authorize the submission of an application to the Governor’s Office of Emergency Services for the Federal Fiscal Year 2019 Emergency Management Performance Grant, in an amount not to exceed $221,021. Authorize the Clerk of the Board to sign the Governing Body Resolution to appoint "Authorized Agents" to act on behalf of the County in securing and administering grant funds. Authorize the Health and Human Services Agency Director or designee, as Authorized Agents, to sign the “California Governor’s Office of Emergency Services Grant Subaward Face Sheet,” and the initial application for the Emergency Management Performance Grant.

Information & Communications Technology

31.         Approve the capital asset expenditure in an amount not to exceed $210,704 for the purchase of an IBM Business Class Mainframe. Approve the necessary budget adjustments (4/5ths vote required). Approve a Lease Purchase Master Agreement with IBM Credit LLC for the purchase and maintenance of an IBM Business Class Mainframe. Approve the addition of the new IBM Business Class Mainframe be included as an Eligible Machine/Product under the IBM ServiceElite Master Services Maintenance Agreement. Approve the Lessee’s Certificate. Authorize County Counsel to sign the Opinion of Lessee’s Counsel as a supplement to the Lease Purchase Master Agreement. Authorize TCICT Director, or designee, to sign those lease purchase documents that do not require the signature of the executing official.

Library

32.         Approve the closure of three Tulare County Library Branches – Visalia, Springville, and Three Rivers – to the public on the following Saturdays in 2020: January 18, February 15, May 23, September 5, November 28 and December 26. Approve the closure of all Tulare County Libraries to the public on the following Fridays in 2020 for staff trainings: February 7 and December 11. Direct staff to post notices on this closure at the Library Branches, offices, and on the Tulare County Library website.

Probation

33.         Approve a grant award agreement with the Board of State and Community Corrections (BSCC) to provide critical mental health training to eligible Probation Department personnel in an amount not to exceed $56,970, retroactive from May 1, 2019 through September 30, 2020. Approve the necessary budget adjustment (4/5ths vote required).

Registrar of Voters

34.         Approve an amendment to Agreement No. 28999 with the State of California, Secretary of State to increase the agreement by $632,359.10, change the cost match formula to 3:1, and extend the term to June 30, 2022 to replace the Election Management System.

Resource Management Agency

35.         Approve the designation of a One-Way STOP control at the following intersections: Cutler Drive (D126) at Railroad Drive (D128B), Santa Fe Drive (D125B) at Railroad Drive, Topeka Road (D124B) at Railroad Drive, Short Avenue (LA405) at Road 124, Amethyst Avenue (LA406A) at Road 124, Avenue 407 at Road 124 and a Two-Way STOP controlled intersection on First Drive (D129B) at Santa Fe Drive (D125B), in the community of Cutler. Authorize the installation of a STOP sign on Cutler Drive at Railroad Drive, Santa Fe Drive at Railroad Drive, Topeka Road at Railroad Drive, Short Avenue at Road 124, Amethyst Avenue at Road 124, Avenue 407 at Road 124 and two STOP signs on First Drive at Santa Fe Drive, in accordance with the provisions of Section 2B.04 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) Common Sense Exemption. 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) Common Sense Exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or designee, to file a Notice of Exemption with the Clerk-Recorder.

36.         Approve a two-year Extension of Time EOT 19-002 for Tentative Subdivision Map No. TSM 776/PSR to November 7, 2021, for DCM Enterprises, Inc. for the subdivision of approximately 67 acres into 40 lots in the PD-F-M (Planned Development-Foothill Combining-Special Mobilehome) Zone, located on the north side of Avenue 176 (Frazier Valley Drive), between Road 320 and Holdridge Drive approximately 3.5 miles southwest of Springville.

37.         Approve General Plan Initiation No. GPI 19-003 to authorize the applicant, Gamaliel Aguilar, to file an application for a General Plan Amendment to expand the Hamlet Development Boundary (HDB) of East Tulare Villa Hamlet. Change the County’s land use designation on approximately 79 acres from “Valley Agriculture” to “Mixed Use”. Change the zone district on one 12.79-acre parcel from AE-40 (Exclusive Agriculture – 40 acre minimum) to R-A-87 (Rural Residential – 87,000 sq. ft. minimum). Subdivide the 12.79-acre  parcel into six 2.0-acre lots, located on the north side of the intersection of Avenue 232 (State Hwy. 137) and Road 132, east of Tulare; Assessor Parcel Number 184-030-024.

38.         Accept the work for the construction of the Allensworth Elementary Sidewalk Improvements Project as complete by DOD Construction of Bakersfield, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

39.         Accept the work for the construction of the Worth Drive (M146) Safety Improvements Project (Porterville) as complete by Safety Striping Service, Inc. of Goshen, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

40.         Authorize Zone Change Initiation No. PZC 19-011 (Haas/Visalia) to proceed as a Zone Change from A-1 (Agricultural) to M-1 (Light Manufacturing) on a 2.88-acre parcel, Assessor’s Parcel Number (APN) 208-120-041, located on the east side of State Route 65, approximately 650 feet north of Avenue 216, inside the Lindsay Urban Area Boundary.

41.         Authorize Zone Change Initiation No. PZC 19-013 (McCowan/Visalia) to proceed as a Zone Change from AE-20 (Exclusive Agriculture - 20 acre minimum) to “C-3-SC” (Service Commercial – Scenic Corridor) on a 6.93-acre parcel, Assessor’s Parcel Number (APN) 103-250-038, located on the northwest corner of the intersection of Avenue 296 (Mineral King Avenue) and Road 158, east of Visalia.

42.         Approve the payment of an invoice from the Quinn Company for the rental of a sheepsfoot roller for the compaction work as part of the Road 140 widening project at the new Transit Operation Maintenance Facility (TOMF) in an amount not to exceed $4,211.91, retroactive from June 1, 2019 through June 30, 2019.

43.         Approve the payment of an invoice from Sue Sa’s Creative Catering for the breakfast sponsorship of the November 15, 2018 Industrial Roundtable meeting in an amount not to exceed $388.75, retroactive from November 1, 2018 through December 30, 2018.  Approve payment of the invoices from Office Depot, Inc. in an amount not to exceed $74.83 and $1,909.58, retroactive from June 1, 2019 through July 31, 2019.

44.         Accept the Grant Deed for APN 040-070-014, also known as the Traver Drainage Basin, which is described as Parcel A of Tract 830, in the County of Tulare, State of California, as per Map recorded in Book 43, Page 50 of Maps, Tulare County Records. Complete and authorize the Chairman of the Board of Supervisors to sign a Certificate of Acceptance and Consent to Record in accordance with Government Code Sections 27231 and 27281. Authorize and direct the Clerk of the Board to cause the Grant Deed with the Certificate of Acceptance and Consent to Record to be recorded with the Clerk-Recorder.

45.         Approve an amendment to Agreement No. 28592 with VSCE, Inc. to extend the date of termination of the agreement through June 30, 2020 for Construction Management Services for the TOMF Project.

46.         Approve an amendment to Agreement No. 28813 with Provost and Pritchard Consulting Group for Engineering and Construction Management Consulting Services for the Construction of Phase 1 of the Seville & Yettem Water System Improvements Project, to increase the amount of the agreement by $40,000 to $322,200.

Sheriff/Coroner

47.         Approve the grant award agreement with the California Board of State and Community Corrections for participation in the Mental Health Training Grant in an amount not to exceed $78,030, retroactive from October 15, 2019 through September 30, 2020. Approve the necessary budget adjustments (4/5ths vote required).

48.         Approve an agreement with United States Department of Justice to provide investigator assistance in an amount not to exceed $10,000, retroactive from October 1, 2019 through September 30, 2020.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

49.         Receive a presentation from the Fire Department on the Tulare/Kings County Regional Hazardous Materials Program. Approve the Memorandum of Understanding (MOU) with Kings County, Tulare County, City of Dinuba, City of Exeter, City of Farmersville, City of Hanford, City of Lemoore, City of Lindsay, City of Tulare, City of Visalia and City of Woodlake for the Tulare/Kings County Regional Hazmat Team for emergency hazmat responses, in an initial year amount of $18,343.39 and subject to an increase or decrease amount in subsequent years, retroactive from July 1, 2019 through June 30, 2024.

50.         Request from the Board of Supervisors’ staff to approve sending a letter to the California Fish and Game Commission opposing a petition to list an evolutionarily significant unit of mountain lions in Southern and Central Coastal California as threatened or endangered under the California Endangered Species Act

51.         Request from the Board of Supervisors’ staff to approve sending a letter to the California Transportation Commission opposing the recommendation to retract funding for SR 99 – Tulare City Widening in Tulare County.

BOARD MEMBERS REQUESTS

52.         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)).

 (Closed Session)

 

CLOSED SESSION

 

 

NOTICE TO THE PUBLIC

CLOSED SESSION

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 agenda item # 6, proposed vacation of Avenue 16 between Road 224 and State Route 65 near the unincorporated community of Richgrove.

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 Agenda Item # 7 regarding proposed Building Code Ordinance changes.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: 3247 W. Mineral King Avenue, Visalia, CA 93291

Agency Negotiators: John Hess; Brooke Sisk; Laura Silva

Negotiating Party or Parties: Paynter Realty & Investments, Inc. & Sunny Basra

Under Negotiation:  Price and Terms of Payment

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: 3247 W. Mineral King Avenue, Visalia, CA 93291

Agency Negotiators: John Hess; Brooke Sisk; Laura Silva

Negotiating Party or Parties: Paynter Realty & Investments, Inc. & Sunny Basra

Under Negotiation:  Price and Terms of Payment

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Katie Dale v. County of Tulare 

Workers’ Compensation Appeals Board No.: ADJ9749185

ITEM G

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF: General Services Agency Director

ITEM H

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.