MEMBERS OF THE BOARD

 

KUYLER CROCKER

District One

 

PETE VANDER POEL – Chair

District Two

 

AMY SHUKLIAN – Vice Chair

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

 

March 17, 2020

 

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 March 2020 as Social Work Month in Tulare County.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING: Request from the Resource Management Agency to conduct a public hearing regarding Building Code Enforcement Abatement Cost Recovery regarding the Fancher property, Campbell Creek Drive, Springville. Confirm the accounting, in the amount of $86,772.95. Order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax roll as special assessments against the respective parcels of land: APN 284-360-047, unless said amount is paid in full prior to being placed on the tax roll.  Order the Tulare County Resource Management Agency to prepare and record a Notice of Abatement Lien for the parcel(s) listed in Exhibit “C,” stating, with respect to each parcel, the date the abatement was ordered, the date the abatement was complete, a legal description of the parcels, and the amount of total abatement costs.

5.            PUBLIC HEARING: Request from the Resource Management Agency to introduce and waive the first reading of an Amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 19-018 (McCowan/Visalia) to change the zone from AE-20 (Exclusive Agriculture - 20 acre minimum) to “C-3-SC” (Service Commercial – Scenic Corridor) on a 6.93-acre parcel located on the northwest corner of the intersection of Avenue 296 (Mineral King Avenue) and Road 158, east of Visalia. Accept 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), Class 3, the Common Sense Rule. Direct the Environmental Assessment Officer or designee to file a Notice of Exemption with the Clerk-Recorder as provided by CEQA. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 9703, and approve Zone Change No. PZC 19-018. Waive the final reading and adopt the amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for PZC 19-018. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 36)

 

 

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.

 

 

 

 

Auditor-Controller/Treasurer-Tax Collector

6.            Approve the amended Internal Audit Charter, in compliance with professional standards and current business practices.

County Administrative Office

7.            Approve a resolution opposing the State of California lawsuit concerning water deliveries from the Central Valley Project and State Water Project.

District Attorney

8.            Approve an agreement with the California Office of Emergency Services for an award amount of $142,964, with a $35,741 county match, for a total of $178,705, to provide continuing funding for the Child Advocacy Center Program, for the period April 1, 2020 through March 31, 2021. Authorize the Chair 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 Child Advocacy Center Program to the California Governor’s Office of Emergency Services, and as having authority to execute on behalf of the County of Tulare the Grant Subaward, including any extensions or amendments thereof.

General Services Agency

9.            Approve an amendment to Agreement No. 27808 with DLR Group to increase the contract amount by $58,000 from $2,862,300 for Sequoia Field Programming Facility architecture and engineering services.

10.         Award the architectural design services agreement for the Board of Supervisors and County Administrative Office Remodel Project at 2800 W. Burrel Ave., Visalia to AP Architects, Inc. in the amount of $153,750.

11.         Approve the bid documents for the Visalia Courthouse Electrical Project located at 221 S. Mooney Blvd., Visalia. Authorize the advertisement of bids for the subject project. Set the bid opening for the project at 2:00 p.m. on Thursday, April 23, 2020.

12.         Approve an amendment to Lease Agreement No. 26988 for space located at 5711 Ave. 378, Dinuba, for the London Library, with Cary Joslin, retroactive from February 3, 2020 through February 2, 2025.

Health & Human Services Agency

13.         Approve an increase of three-member seats on the Tulare County Task Force on Homelessness to include the Lived Experience community representative, the Health Care Sector representative, and an At-Large City, Tribal, or Unincorporated Community representative. Approve the deletion of four vacant seats on the Tulare County Task Force on Homelessness, including the Farm Bureau representative, the City of Lindsay, City of Exeter, and the City of Woodlake representatives. Adopt the revised By-Laws of the Tulare County Task Force on Homelessness.

14.         Terminate the Proclamation of a Local Emergency due to Livestock Deaths, Resolution No. 2020-0071.

15.         Approve the annual Certification Statements for California Children’s Services and Child Health and Disability Prevention programs to receive funding in an amount not to exceed $7,050,469, retroactive from July 1, 2019 through June 30, 2020.

16.         Approve the grant agreement with the California Department of Public Health Office of AIDS for STD surveillance activities to receive funding in an amount not to exceed $227,545, retroactive from July 1, 2019 through June 30, 2024.

17.         Ratify the Capital Asset purchase of a Qiagen EZ1 Advanced XL needed to perfom essential laboratory tests in an amount not to exceed $59,863. Approve the necessary budget adjustments (4/5th vote required).

18.         Ratify a Proclamation of Local Emergency issued by the County Coordinator of Emergency Services on March 11, 2020 due to COVID-19.Ratify a Proclamation of Local Health Emergency issued by the County Health Officer on March 11, 2020 due to COVID-19.

Human Resources & Development

19.         Approve the Side Letter of Agreement between the County of Tulare and the District Attorney Criminal Investigators Association of Tulare County, (DACIATC) Bargaining Unit 22 expanding the eligibility of Career Development to the Supervising Investigators, effective March 29, 2020.

20.         Approve an amendment to Agreement No. 29253 with Relias LLC to increase the agreement amount by $36,477.28, for a total not to exceed $591,477.28 for online learning services, effective March 17, 2020 through June 30, 2022.

Information & Communications Technology

21.         Approve a renewal of Proofpoint licenses and maintenance from SHI International Corporation in an amount not to exceed $276,829, effective March 17, 2020 through March 17, 2023.

22.         Approve a Memorandum of Understanding between the Superior Court of California, County of Tulare through the Tulare County Information and Communication Technology (TCiCT) Department for the Pretrial Pilot Program, in the amount of $30,000, retroactive from October 1, 2019 through December 31, 2021. Approve the necessary budget adjustment (4/5th’s vote required).

Library

23.         Approve an increase of $50,000 to the capital asset request to purchase a Library and Literacy Vehicle for a total amount not to exceed $180,000.

Resource Management Agency

24.         Adopt that the County maintained mileage of County roads was 2,972.82 miles as of December 31, 2019.  Direct the Clerk of the Board to return to the Resource Management Agency a certified copy of the resolution to be filed with the State of California Department of Transportation.

25.         Approve the grant of real property to the City of Tulare in accordance with  Agreement No. 26688. Determine that the limits of maintenance of Akers Street, as shown on Exhibit A of Tulare County Agreement No. 26688, is as described in the letter from City of Tulare dated January 17, 2018. Approve a Common Sense (General Rule) Exemption consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines pursuant to Title 14, California Code of Regulations (CCR), Section 15061(b)(3). Find there is no substantial evidence that the proposed activity will have a significant effect on the environment and determine the Common Sense (General Rule) Exemption is consistent with CEQA and the State CEQA Guidelines pursuant to Title 14, CCR, Section 15061(b)(3) that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970. 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 an executed and notarized Grant Deed to the Resource Management Agency for transmittal to the City of Tulare.

26.         Approve Program Supplement Agreement No. F113 with the State of California Department of Transportation for design of the countywide Bridge Preventive Maintenance Program Group 1 Project in the amount of $210,878.

27.         Approve Program Supplement Agreement No. F114 with the State of California Department of Transportation for design of the countywide Bridge Preventive Maintenance Program Group 5 Projects in the amount of $795,619.

28.         Approve Program Supplement Agreement No. T96 with the California Department of Transportation for the preparation of Tulare County’s Local Road Safety Plan in the amount of $72,000.

29.         Accept the Special Event Permit Application for the "Jeff O’Neal Remembrance Treat and Beat Cancer 7.5K Run" to be held on Saturday, March 28, 2020 from 8:00 a.m. to 10:30 a.m. near the city of Exeter. Approve the "Jeff O’Neal Remembrance Treat and Beat Cancer 7.5K Run" to be an on-going event for future years until such time as conditions of the event and/or the location change, and subject to timely submittals of complete application for each annual event.

30.         Accept the Irrevocable Offer to Dedicate Real Property per Board of Supervisors' Resolution No. 95-0956 along Road 204 near the City of Woodlake, recorded as Document No. 95-050378, Tulare County Official Records, and accept the Irrevocable Offer to Dedicate Real Property by certificate on Parcel Map No. 4234, recorded in Book 43 of Parcel Maps at Page 38, Tulare County Records, for the bridge replacement project on Road 204 over the Wutchumna Ditch, southwest of Woodlake. Direct the Clerk of the Board to cause a certified copy of the resolution accepting both irrevocable offers to dedicate real property to be recorded with the Clerk-Recorder.

31.         Approve the Joint Use Agreement with American Telephone and Telegraph (AT&T) to acknowledge prior rights for removing their facilities from Caltrans right of way and placing into County right of way in connection with the State Route 99 Tagus 6-Lane Widening Project, effective upon approval by the Board of Supervisors.

32.         Review and approve the submittal of an application for $150,000 in grant funding to the Strategic Growth Council, Governor's Office of Planning and Research, and the Department of Conservation funded by Proposition 84, Chapter 9, Sustainable Communities and Climate Change Reduction for a Wildfire Resilience and Recovery Planning Grant. Approve and sign the Letter of Commitment.

Sheriff/Coroner

33.         Approve an agreement with the California State Parks Division of Boating and Waterways for financial aid for Fiscal Year 2020/21 in an amount not to exceed $256,932, effective July 1, 2020 through June 30, 2021. Authorize the Sheriff, or designee, to sign the California State Parks Division of Boating and Waterways Financial Aid Program reimbursement claims.

34.         Adopt the Statutory Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15303 and Section 15601(b)(3) for a Sheriff's Office Training Site. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

35.         Approve a Memorandum of Understanding with the Tulare County Agencies Regional Gang Enforcement Team for a multi-agency task force for gang suppression, retroactive from September 1, 2019 through August 31, 2021. 

Solid Waste

36.         Approve an agreement with EBA Engineering to provide Construction Quality Assurance services during construction of the Visalia Landfill Phase 4 Cell Expansion Project in an amount not to exceed $981,059, effective March 17, 2020 through December 31, 2021.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

37.         Request from the Tulare County Employees' Retirement Association to take action on one of the following options regarding employer and employee retirement contribution rates:     Option 1: Approved implementation of the employer and employee retirement contribution rates from the Tulare County Employees’ Retirement Association Actuarial Valuation Report dated June 30, 2019, as approved by the Board of Retirement on November 6, 2019, and directed that the rates be adjusted effective with the pay period of the fiscal year that includes July 1, 2020 (2020 pay period 14). Option 2:  Approved implementation of employer and employee retirement contribution rates from the Tulare County Employees’ Retirement Association Actuarial Valuation Report dated June 30, 2019, as approved by the Board of Retirement on November 6, 2019 and directed that the rates be adjusted “not later than 90 days after the beginning of the immediately succeeding fiscal year” as permitted under California Government Code Section 31454.  The changes to the employer and employee contribution rates could be delayed until pay period 20 (September 2020), the last pay period before the end of the 90-day limit.

38.         Request from the Health and Human Services Agency to accept the donation of a fully outfitted and modified modular Veterinary Clinic with surgical equipment for the purpose of operating a spay and neuter clinic and providing vaccination services. Approve placement of the facility at the County's Animal Services location. Approve the Personnel Resolution to add the following allocations: (1) FTE Veterinarian;  (1) Veterinary Technician; and (3) Animal Care Technicians, effective March 29, 2020.

39.         Request from Board of Supervisors' staff to provide direction on one of the following options regarding potential sale of the Tulare County Flag. Approve changes to the color and material of the Tulare County Flag. Option 1: Direct staff to allow the sale of the flag to the general public, and direct the General Services Agency to establish an appropriate sales price/fee.  Option 2:             Choose not to allow the sale of the flag to the general public. 

BOARD MEMBERS REQUESTS

40.         Board members may make a referral to staff to have a matter of business be considered for 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 Building Code Enforcement Abatement Cost / Administrative Fee Cost Recovery Actions.

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 the Amendment to the Tulare County Zoning Ordinance No. 352 for Zone Change No. PZC 19-018 - McCowan-Visalia.

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  16756 Avenue 168, Woodville, CA (Woodville Fire Station Property)

Agency Negotiators:  Dan Richardson, Brooke Sisk, Laura Silva

Negotiating Party or Parties:  Woodville Union School District

Under Negotiation:  Price and Terms of Payment

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Amy Byers v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ8563753, ADJ8703859

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  James Howell v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ11137748

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  McKinney, Elsa, et al v. County of Tulare and Florante Clemente Bambao

Tulare County Superior Court Case No. VCU278663

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Resendez, Alexis vs. County of Tulare, et al. 

United States District Court, Eastern District of California 1:19-cv-01123-LJO-SKO

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Tulare County Deputy Sheriff’s Association & Tulare County Professional Firefighters Association Local 4757 v. County of Tulare 

Public Employee Relations Board, Unfair Practice Charge No. SA-CE-1042-M

ITEM I

CONFERENCE WITH LABOR NEGOTIATORS

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Jason T. Britt

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees.