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

 

December 17, 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.


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1.             Board of Supervisors matters.

2.             Presentation given by Randy Dodd, President of Adventist Health Tulare regarding their year-end review.

3.             Presentation of the 2019 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 hear appeals filed by Michael Cannarozzi and by Mathias Herriges from the Planning Commission’s approval of Special UsePermit No. PSP 19-040, for a Guest Ranch consisting of 2 Cabins and 5 Tipis, on a 4-acre portion of a 44-acre parcel on South Fork Drive, approximately 9.5 miles from the Three Rivers Urban Development Boundary.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 72)

 

 

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.

 

Agricultural Commissioner/Sealer

6.            Approve an agreement with the California Department of Food and Agriculture (CDFA) for the Bee Safe Program in an amount not to exceed $45,491.63, retroactive from July 1, 2019 through June 30, 2020. 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 and 15308 Actions by Regulatory Agencies for Protection. Find that there is no substantial evidence that the project 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 and 15308 Actions by Regulatory Agencies for Protection, that was prepared for a Bee Safe Program reflects the independent judgment of the County and has been completed in compliance with the CEQA of 1970, as amended. Direct and authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

7.            Approve an agreement with the California Department of Food and Agriculture for providing State subvention in an amount not to exceed $2,667 to offset the costs of providing the Pink Bollworm Cotton Plowdown and Host-Free Monitoring program, retroactive from November 1, 2019 through March 31, 2020.

Auditor-Controller/Treasurer-Tax Collector

8.            Approve an amendment to Agreement No. 25245 with Great-West Life & Annuity to reduce the record keeping fee and the annual revenue share by 2.5 basis points, effective January 1, 2020 through December 31, 2021.

Board of Supervisors

9.            Cancel the following meetings for the Board of Supervisors during 2020 and approve to change the time of the February 11th Board of Supervisors meeting from 9:00 A.M. to 1:30 P.M. due to the World Ag Expo. 

January 21

June 16

December 1

February 18

July 28

December 22

March 10

September 8

December 29

May 26

November 24

 

 

10.         Appoint Ana Carolina Coll to the Community Partner Seat on the Health Advisory Committee for a term ending February 1, 2022.

11.         Reappoint Bill Whitlatch to the Member No. 1 - Aviation Seat on the Airport Land Use Commission for a term ending December 31, 2023.

12.         Appoint Doug J. Phillips to the Member 11 Real Estate Industry- Non Voting Seat on the Agricultural Advisory Committee for a term ending June 30, 2020.

13.         Reappoint Stan Creelman to the Trustee Seat on the Tulare Mosquito Abatement District for a term ending January 3, 2022.

14.         Reappoint Daniel Fox to the Seat 4 on the Kings/Tulare Agency on Aging Advisory Committee for a term ending December 31, 2023.

15.         Reappoint John Hess to the District 3 - Regular Commissioner Seat on the Tulare County Housing Authority for a term ending December 18, 2023.

16.         Appoint Elmer Leon Lucas to the Community Partner Seat on the Tulare County Veteran Advisory Community for a term ending January 1, 2023.

17.         Reappoint Elaine Gilden to the District 3 - Member Seat on the Tulare County Library Advisory Board for a term ending December 31, 2023.

18.         Reappoint Tim Lutz to the HHSA Director Seat; Catherine Meader to the Community Partner Seat; Beth Wilshire to the Education Sector Representative Seat; Betsy McGovern-Garcia to the Affordable Housing Developer Representative Seat; Machael Smith to the Kings/Tulare Homeless Alliance Representative Seat; Miguel Perez to the Housing Authority Representative Seat; Suzy Ward to the Faith Community Representative Seat; Mary Alice Escarsega-Fechner to the Community Action Representative Seat; on the Tulare County Task Force on Homelessness for terms ending January 1, 2023.

19.         Appoint Angelina Soper to the Transit Authority Representative Seat on the Tulare County Task Force on Homelessness for a term ending January 1, 2023.

20.         Appoint Agustin Gonzalez Jr. to the Cities Seat on the Tulare County Animal Services Advisory Committee for a term ending January 1, 2021.

21.         Reappoint Randy Groom to the Incorporated Cities Seat and Stephen C. Harrell to the Member At-Large Seat on the Independent Ambulance Compliance Committee for terms ending December 31, 2021.

22.         Reappoint Wayne Millies to the At-Large Member Seat and Steve R. Pearson to the Director 5 Seat on the Tulare County Planning Commission for terms ending December 31, 2023.

23.         Reappoint Donald Marshall to the Trustee Seat on the Delano Mosquito Abatement District for a term ending January 1, 2024.

24.         Reappoint Brian D. Winningham to the District 5 Seat on the Tulare County Veteran Advisory Committee for a term ending January 1, 2023.

25.         Approve the Cemetery District Appointments List for terms ending January 1, 2024.

Clerk of the Board

26.         Approve the Local Appointments List on regulatory commissions and advisory boards, commissions and committees for vacancies occurring in 2020. Direct the Clerk of the Board to post a copy on the County website.

County Counsel/Risk Management

27.         Approve an agreement with Elite Corporate Medical Services Inc. to provide specific specialized immunization and medical screening services that are usual and customary for employment-based physical screening, immunizations, and medical monitoring in an estimated amount of $25,000 per fiscal year, effective December 17, 2019 through December 17, 2022. Authorize Risk Management to process invoices to pay for the employment-based physical screening and medical monitoring services requested under this resolution for or by County Departments utilizing the requesting Department‘s budgeted funds.

General Services Agency

28.         Approve the application for grant funding for five electric utility vehicles for the Parks and Grounds Divisions, and one electric utility vehicle for the Fleet Services Division through the San Joaquin Valley Air Pollution Control District New Alternative Fuel Vehicle Purchase Program. Approve a capital asset purchase of six electric utility vehicles not to exceed $120,000, if the applications are selected.

29.         Authorize the submission of the California Conservation Corps Active Transportation Program grant for improvements to Ledbetter Park in the form of a non-motorized pathway. Approve construction of a pathway from the basketball court to the Senior Center at Ledbetter Park by CSET Sequoia Community Corps if the grant funding is approved. Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Class 1 Section 15301 Existing Facilities (C) Application by public agencies. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder. Delegate authority to the General Services Agency Director to apply for grant funding in partnership with Community Services & Employment Training (CSET) Sequoia Community Corps for the improvement of County Parks.

30.         Approve a capital asset purchase of a Compact Track Loader in an amount not to exceed $99,278, and two Utility Tractors in an amount not to exceed $81,634. Approve the necessary budget adjustment (4/5ths vote required).

31.         Approve an amendment to Lease Agreement 28204 with The Pixley Foundation for Library space located at 927 Center Street, Ste. B. in Pixley, CA, in the amount of $13,200 per year, retroactive from July 1, 2019 through June 30, 2021.

Health & Human Services Agency

32.         Approve an agreement with the California State Department of Health Care Services for the annual performance agreement for the provision of the Mental Health Services Act, Lanterman-Petris-Short Act, Projects for Assistance in Transition of Homelessness, Community Mental Health Services Block Grant, and community mental health services pursuant to the Bronzan-McCorquodale Act, retroactive from July 1, 2018 through June 30, 2021. There are no costs associated with this agreement.

33.         Approve an agreement with Community Services and Employment Training, Inc. for administration of the CalFresh Employment & Training Pilot Program in an amount not to exceed $298,958, retroactive from October 1, 2019 through September 30, 2020.

34.         Approve the Tulare County of Child & Youth Development 2020 Annual Certification Statement.

35.         Approve an agreement with the Centers for Disease Control and Prevention to accept an associate from the Public Health Associate Program, retroactive from October 15, 2019 through October 24, 2021.  There are no costs associated with this agreement. Authorize the Tulare County Health and Human Services Agency Director, or designee, to sign the agreement.

36.         Ratify and authorize the submission of a grant application to the Center for Sharing Public Health Services for funding to be used to create a Cross-Jurisdictional initiative between County of Tulare and the Tule River Indian Tribe in an amount not to exceed $10,000, retroactive from August 16, 2019. Ratify and delegate authority to the Tulare County Health and Human Services Agency Director or designee’s authorization to submit the grant application. Approve a grant agreement from the Kansas Health Institute who manages the Center for Sharing Public Health Services to accept one-time funding in the amount of $10,000 to initiate a Cross-Jurisdictional Sharing Convening between the Tule River Tribe and Tulare County Health and Human Services Agency, retroactive from September 20, 2019 through June 19, 2020. Approve the necessary budget adjustment (4/5ths vote required).

37.         Approve an agreement with Pena's Disposal, Inc. for the Recycle-Only Household Hazardous Waste Program, retroactive from July 1, 2018 through June 30, 2020. There are no costs associated with this agreement.

38.         Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

39.         Approve an amendment to Agreement No. 29165 with Kings View Corporation for the South County One-Stop Center to include Exhibit B-5, the Interim Reimbursement Rate Schedule, retroactive from July 1, 2019 through June 30, 2020.

40.         Accept funds from the Governor’s Office of Emergency Services for the Fiscal Year 2019 State Homeland Security Grant Program to support emergency preparedness, prevention and response capabilities in the amount of $564,569, retroactive from October 1, 2019 through May 31, 2022. Approve a State Homeland Security Grant Program Subaward Agreement and Equipment template. Approve the “Interdepartmental Guidelines and Acknowledgement” template for disbursements made to other County departments.

41.         Approve an agreement with Success in Recovery, Inc., a Short-term Residential Treatment Program for the provision of intensive mental health services to Tulare County adolescent males in an amount not to exceed $1,050,000, retroactive from September 1, 2019 through June 30, 2021.

42.         Approve an amendment to Agreement No. 29131 with Turning Point of Central California, Inc. for the North County Mobile Unit, in an amount not to exceed $850,000 to include Exhibit B-5, Interim Reimbursement Rate Schedule for the provision of mental health services, retroactive from July 1, 2019 through June 30, 2020.

Human Resources & Development

43.         Approve the Administrative Services Agreement with Chimienti & Associates Insurance Services to perform administrative services related to the Tulare County Flexible Benefit Plan, effective January 1, 2020 through December 31, 2020. There are no costs associated with this agreement.

44.         Approve the San Joaquin Valley Insurance Authority Participation Agreement for the purpose of participating in the health insurance programs, which include medical, dental, vision, and prescription benefits, effective January 1, 2020 through December 31, 2020. There are no costs associated with this agreement.

Information & Communications Technology

45.         Approve an agreement renewal with SAP Public Services, Inc. to provide maintenance and support for the Business Objects Platform Analytical Suite, in an amount not to exceed $149,193, effective December 22, 2019 through December 21, 2020.

Library

46.         Approve the Library Department’s revised Public Internet Use Policy and Guidelines, and Children's Internet Protection Act (CIPA) Policy.

Registrar of Voters

47.         Approve consolidating the Local Contests/Measures, listed in Appendix A, with the Presidential Primary Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, March 3, 2020. Authorize the Election Official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Local Contests/Measures and Presidential Primary Election. Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 and following of the Elections Code. Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the Election Official to the District. Agree that the Election Official will prepare a certified statement of the results of the election and submit it to each governing body within 30 days of the election.

48.         Acknowledge the Certified Statement of Vote, as submitted by the Registrar of Voters, for the November 5, 2019 Uniform District Election Law (UDEL) Election.

Resource Management Agency

49.         Waive the second reading and adopt an ordinance amending Chapter 15 of Part VII of the Ordinance Code of Tulare County concerning building regulations. 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 the ordinance 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 said ordinance reflects the independent judgment of the County and has been completed in compliance with the CEQA of 1970, as amended. Direct and authorize the Tulare County Environmental Officer, or designee, to file the Notice of Exemption with the  Clerk-Recorder. Direct the Clerk of the Boad to publish a summary of the ordinance and post a full copy of the ordinance after adoption as required by law.

50.         Affirm the finding that the County received less than one-half of the foregone property tax revenue for the 2018-2019 Fiscal Year regarding the Williamson Act Subvention Program. Affirm implementation of AB 1265  for a reduction of property tax benefits by ten percent, and related reduction of the term of the contracts to nine years (eighteen years for Farmland Security Zone contracts).

51.         Approve an agreement with Caltrans for the design and construction of improvements to the Avenue 336 crossing of the Union Pacific Railroad tracks in the community of Ivanhoe, CA in an amount not to exceed $877,275, effective December 17, 2019 through October 11, 2023.

52.         Approve the Climate Action Plan 2018/2019 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.

53.         Approve the grant of real property to the State of California, acting through its Department of Transportation, in connection with the Avenue 152 over State Route 99 Bridge Replacement Project in Tipton. Adopt the Common-Sense Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines Section 15061(b)(3), for the Transfer of County Right of Way to the State of California. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder. Direct the Clerk of the Board to return executed and notarized Grant Deeds to the Resource Management Agency.

54.         Approve the submission of the Local Road Safety Plan grant application requesting $72,000 in State funds to prepare Tulare County’s Local Road Safety Plan. Authorize the Director of the Resource Management Agency, or designee, to sign the grant application.

55.         Approve the Measure R Program Supplement to Cooperative Agreement between the County of Tulare and the Tulare County Association of Governments to partially fund the purchase of three buses in an amount not to exceed $671,538. Approve the necessary budget adjustments (4/5ths vote required).

56.         Accept the work for the construction of the Community Accessibility Enhancement Project, in the communities of Poplar, Strathmore, and Orosi, as complete by MAC General Engineering Inc. of Strathmore, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

57.         Approve the designation of an All-Way STOP control at the intersection of State Drive (D136A) and Sutter Avenue (D133A), in the community of Earlimart. Authorize the installation of STOP signs on State Drive at the intersection of Sutter Avenue 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) 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.

58.         Approve the designation of a One-Way STOP control at the following intersections: Avenue 32 at Road 84, Avenue 36 at Road 84, Avenue 36 at Young Road (R81), and Avenue 39 at Road 84, in the community of Allensworth. Authorize the installation of a STOP sign on Avenue 32 at Road 84, Avenue 36 at Road 84, Avenue 36 at Young Road, and Avenue 39 at Road 84 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.

59.         Approve the designation of a Two-Way STOP controlled intersection on Cannon Avenue (LA403B) at Road 130, in the community of Cutler. Authorize the installation of STOP signs on Cannon Avenue at Road 130, 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.

60.         Approve the FY 2019-2020 Williamson Act Subvention Application Report.

61.         Approve an amendment to the Master Agreement with the California High-Speed Rail Authority (CHSRA) extending the contractual term by an additional two years from December 31, 2019 through December 31, 2021, revising CHSRA’s and Tulare County’s project representatives and contact information, and updating the Rate Sheet in Attachment 1 of the Master Agreement.

62.         Approve a Traffic Signal Maintenance Agreement with the City of Visalia for the operation and maintenance of a traffic signal at the intersection of Road 76 and Avenue 312, in the community of Goshen.

63.         Authorize the filing of Notices of Partial Non-Renewal for the following six (6) Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from two (2) Tentative Parcel Maps and four (4) Lot Line Adjustments:  WAN 18-014 – Williamson Act Contract No. 11285, Ag Preserve No. 2253-Enlargement, located at 7104 Avenue 404, on the north side of Avenue 404, 1,3000 feet west of Road 74 south of Dinuba; (APN: 029-140-032) (Frank Velasco and Pauline Velasco) (1.01 acres to be Non-Renewed as a condition of PLA 18-033) (23.33 acres are subject to contract amendment).  WAN 18-016 – Williamson Act Contract No. 6872, Ag Preserve No. 2262, located at 21382 Avenue 184, approximately two (2) miles west of State Route 65, southwest of Strathmore; (APN: 243-020-033) (Florine V. Sierra) (3.19 acres to be Non-Renewed as a condition of PPM 18-018) (98.41 acres are subject to contract amendment).  WAN 19-001 – Williamson Act Contract No. 3507, Ag Preserve No. 734, located at 4838 Avenue 408, on the north side of Avenue 408, and northeast corner of the intersection at Road 24 and Avenue 408, south of Reedley; (APN: 012-180-032) (Jodi Marie Laemmlen and John David Laemmlen) (2.21 acres to be Non-Renewed as a condition of PLA 18-041) (24.73 acres are subject to contract amendment).  WAN 19-005 – Williamson Act Contract No. 3111, Ag Preserve No. 528, located at 29757 Road 60, on the west side of Road 60, on the northwest corner of the intersection at Road 80 and State Route 198, west of Visalia; (APNs: 073-130-011, 073-130-021, 073-130-034, 073-130-035) (Charles W Bakker, Trustee and Julie Bakker, Trustee) (4.75 acres to be Non-Renewed as a condition of PLA 18-032) (42.82 acres are subject to contract amendment).  WAN 19-011 – Williamson Act Contract No. 5591, Ag Preserve No. 1863, located at 19796 Road 236, on the east side of Road 236, approximately 1.5 miles east of State Route 65, east of Strathmore; (APN: 216-170-016) (Edward Sanchez, Tommy Sanchez, Fernando Sanchez Jr., and Sheila Sanchez) (4.09 acres to be Non-Renewed as a condition of PPM 19-012) (35.97 acres are subject to contract amendment).  WAN 19-013 – Williamson Act Contract No. 4585, Ag Preserve No. 1254, located at 8625 Avenue 396, on the southwest corner of Avenue 396 and Road 88 (Crawford Avenue), south of Dinuba; (APN: 030-090-016) (Wawona Farm Co. LLC) (0.39 acres to be Non-Renewed as a condition of PLA 19-010) (38.53 acres are subject to contract amendment).  Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial Non-Renewals

64.         Authorize the filing of Notice of Partial Non-Renewal for the following Land Conservation Contract, as provided in the Williamson Act. The request fulfills conditions resulting from a Tentative Parcel Map.WAN 19-014 – Williamson Act Contract No. 4530, Ag Preserve No. 0683, located at 18977 Avenue 176, on the southwest corner of the intersection of Avenue 176 and Road 192, northwest of the City of Porterville, (APNs: 236-080-008 & 012) (Frank Lourenco) (2.69 acres to be Non-Renewed as a condition of PPM 19-015) (77.76 acres are subject to contract amendment). Approve the execution of amendment to the Land Conservation Contract as condition of approval for the aforementioned Partial Non-Renewal.

65.         Approve the Memorandum of Understanding with the Orange County Clerk-Recorder for use of the Statewide Electronic Courier Universal Recording Environment (SECURE) Government to Government (G2G) portal to allow for the electronic submitting of documents to be recorded with the Tulare County Clerk-Recorder, effective December 17, 2019 through December 17, 2024. Authorize the Resource Management Agency’s Director to sign the Memorandum of Understanding.

66.         Authorize the use of HOME Program Income and CalHome Reuse funds to provide first time home buyer mortgage assistance to low and moderate income families to purchase one of the thirty-seven single family homes in Orosi. Certify that the HOME Program Income balance is $647,071, and the CalHome Reuse Fund balance is $251,360 as of October 31, 2019. Approve an agreement with Self-Help Enterprises, Inc. to implement the project in an amount not to exceed $630,000 of HOME funds and $250,000 of CalHome funds, effective upon execution through December 1, 2021. Adopt the Homebuyer Project Guidelines. Authorize the Tulare County Environmental Assessment Officer to execute all necessary environmental documents related to the construction and sale of the thirty-seven homes in Orosi, and approve the budget adjustment (4/5th vote required). 

Sheriff/Coroner

67.         Approve the vendor service from Saltzman Auto Electric and Equipment, Inc. for Cooler replacement services in an amount not to exceed $2,829.09, retroactive from September 30, 2019. Authorize the Purchasing Agent to approve the payment.

68.         Approve the purchase of and authorize the Purchasing Agent to make payments for the supplies from Uline during Fiscal Year 2018/19, in an amount not to exceed $5,736.84.

69.         Authorize the Tulare County Sheriff’s Office to apply for the California State Parks Division of Boating and Waterways Financial Aid Program for the 2020/21 fiscal year in an estimated amount of $256,932. Authorize the Sheriff’s Office to participate in the California State Parks Division of Boating and Waterways Financial Aid Program for the 2020/21 fiscal year, following Board approval of an agreement between the County and the California State Parks Division of Boating and Waterways. Authorize the County Auditor to certify the amount of prior year vessel taxes received by the County.

70.         Approve an agreement with the United States Department of Justice to provide investigator assistance in an amount not to exceed $25,000, retroactive from November 1, 2019 through September 30, 2020.

Solid Waste

71.         Authorize the trade-in of Capital Asset No. 09505, a 1999 Caterpillar 140H Motor Grader, to Quinn Company for $60,000 to offset purchase cost of a new 2019 Caterpillar D7E Track Type Tractor.

Workforce Investment Board

72.         Approve the budget adjustment of $98,145 resulting from an agreement with the County of San Joaquin to provide training services for justice involved individuals under the Prison to Employment Direct and Supportive Services Grants (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

73.         Request from the Health and Human Services Agency to receive a presentation from Home Base-The Center for Common Concerns on "Pathway Home: Responding to Homelessness in Tulare County," as the proposed countywide strategic plan. Provide direction on any proposed changes to Pathway Home.

74.         Request from the Health and Human Services Agency to adopt the Resolution requested by the California Department of Housing and Community Development that authorizes the Tulare County Health and Human Services Agency (HHSA) to participate in the No Place Like Home Round 2 Competitive Allocation, and to apply for funds as a co-applicant with UPholdings, LLC in an amount not to exceed $15,000,000 in Fiscal Year 2019/20, to be submitted no later than January 8, 2020.

75.         Request from the Human Resources Department to set the Annual Salary for the position of General Services Agency Director, in Bargaining Unit 10, in an amount not to exceed $135,000, the same standard benefits provided to Bargaining Unit 10 employees, and benefit of Auto Allowance at $586 monthly, (current amount, subject to change annually) effective January 5, 2020.

76.         Request from the General Services Agency to open, examine, and declare sealed bids for the real property located at 16756 Avenue 168 in Woodville, further identified as Assessor’s Parcel No. 233-014-018, pursuant to Government Code §25530.Call for oral bids that exceed by not less than five percent of the amount of the highest legitimate sealed proposal, pursuant to Government Code § 25531.Direct staff to return within 120 calendar days with a proposed successful bidder.

77.         Request from the General Services Agency to consider staff recommendations for top qualified successful bidders for the purchase of real property described as a 2.26 acre portion located at the northeast area of the Tulare-Akers Professional Building parking lot located at  5300 W. Tulare Ave., Visalia, identified as Assessor’s Parcel No. 087-460-007. Direct staff to begin negotiations with top qualified successful bidder, return with a contract for approval, or a recommendation to reject all bids.

78.         Request from General Services Agency to approve a Design, Alteration, and Lease Agreement with Center Drive Partners, L.P., for premises located at 3247 W. Noble Ave., in Visalia, (Old K-Mart Building) for a term of 25 years, with three five-year options for renewal, and an annual rental amount of $1,434,697 for the first year with a 2% annual increase.

79.         Request from the Sheriff's Office to approve an Equipment Lease Purchase Agreement, a CAD and Records Systems & Services Agreement, and Shared Agency agreement with Motorola Solutions, to purchase Computer Aided Dispatch and Records Management System equipment and software to facilitate communication and information sharing with public safety agencies within the County in an amount not to exceed $9,220,988, effective January 1, 2020 through December 31, 2026. Authorize the Purchasing Agent to waive the formal bidding process and make the sole-source purchase with Motorola Solutions.

80.         Request from the County Administrative Office to approve an amendment to the County of Tulare Financial Policies (4/5ths vote required).

81.         Request from the County Administrative Office to introduce and waive the reading of an ordinance adding section 1-31-1280 to Chapter 31 of Part I of the Ordinance Code, and amending section 7-15-1050 of Chapter 15 of Part VII, suspending the implementation of certain appeal provisions of the County Hearing Officer and Local Appeals Board ordinances. Find that the ordinance is necessary for the immediate preservation of the public peace, health and safety, based on the facts declared in the ordinance constituting the urgency (4/5ths vote required). Adopt the ordinance, effective immediately. Direct the Clerk of the Board to publish the ordinance after adoption as required by law.

BOARD MEMBER REQUESTS

82.         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 regarding the Appeal of the Planning Commission’s Approval of Special Use Permit No. PSP 19-040, Guest Ranch (2 Cabins & 5 Tipis)

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 regarding approval of the Recycle-Only Household Hazardous Waste Program with Pena’s Disposal

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

The General Contractor on the County’s South County Detention Facility construction project, Bernards Bros., Inc. has requested the County engage in contractual mediation over delays in completion of the project, the County’s claims for delay damages, and the contractor’s claims for additional compensation.

ITEM E

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  5300 W Tulare Ave., Visalia, CA

Agency Negotiators:   John Hess; Brook Sisk; Laura Silva

Negotiating Party or Parties: Paloma Development Co., Inc. 

Under Negotiation:  Price and Terms of Payment

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  16756 Avenue 168, Woodville, CA

Agency Negotiators:   John Hess; Brook Sisk; Laura Silva

Negotiating Party or Parties:  Woodville Union School District

Under Negotiation:  Price and Terms of Payment

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  5300 W Tulare Ave., Visalia, CA

Agency Negotiators:   John Hess; Brook Sisk; Laura Silva

Negotiating Party or Parties:  Cigna Health and Life Insurance Company

Under Negotiation:  Price and Terms of Payment

ITEM I

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  3247 W. Noble 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 J

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  Southeast Corner of Avenue 232 and Road 56, Tulare, CA

Agency Negotiators: Reed Schenke; Michael Washam; Hernan Beltran 

Negotiating Party or Parties:  Dutro Ranch, LLC

Under Negotiation:  Price and Terms of Payment

ITEM K

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM L

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Jennifer Brown v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ9923379

ITEM M

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Robbie Hernandez v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ9938828

ITEM N

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Erica Valero v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ2529539

ITEM O

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Jason Weaver v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ10253624, ADJ9448607, ADJ10808503

ITEM P

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Service Employees International Union Local 521 v. County of Tulare, 

Public Employment Relations Board, Unfair Practice Charge No. SA-CE-1092-M

ITEM Q

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM R

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  GENERAL SERVICES AGENCY DIRECTOR

ITEM S

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.