(Public Comment Period)
1.
Board of Supervisors matters.
2.
Presentation on 2013 County Leadership Academy Project:
Explore Your Future.
3.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
4.
PUBLIC HEARING: Request from Resource Management Agency to
certify that the Board has reviewed and considered the information contained in
the Mitigated Negative Declaration prepared for the project is applicable to
the Change of Zone and the Tentative Map, regarding amendment to the Tulare
County Zoning Ordinance No. 352 for Zone Change No. PZ 06-008 Dhillon/Earlimart
as being in compliance with the California Environmental Quality Act (CEQA) and
the State CEQA Guidelines. Find there is no substantial evidence that said
Change of Zone and Tentative Map will have a significant effect on the
environment and determine that the Mitigated Negative Declaration pursuant to
14 California Code Regulations, prepared for the project reflects the
independent judgment of the County and has been completed in compliance with
the California Environmental Quality Act of 1970. Adopt the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program as recommended by
the Planning Commission. Direct the Environmental Assessment Officer, or
designee, of the Tulare County Resource Management Agency to file a Notice of
Determination with the Tulare County Clerk. Adopt the findings of approval for
the Change of Zone as set forth in the Planning Commission Resolution. Waive
the final reading and adopt the amendment to Ordinance No. 352, the Tulare
County Zoning Ordinance pertaining to the Change of Zone No. PZ 06-008, from
AE-40 (Exclusive Agriculture-40 acre minimum) to R-1 (Single Family
Residential) on approximately 77.16 acres of Assessors Parcel Number (APN)
315-010-009, to construct 190 homes in seven phases on approximately 44.95
acres, located at the southeast corner of Road 128 and Washington Street within
the community of Earlimart. Direct the Clerk of the Board to publish the
adopted Ordinance and Amended Zoning Map.
(Consent Calendar)
CONSENT CALENDAR (Number # through #)
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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 members on any item, that item will be removed from
the Consent Agenda if separate action is required.
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Agricultural Commissioner/Sealer
5.
Approve an agreement with the
California Department of Food and Agriculture for providing State subvention in
the amount of $187,279 to offset costs of providing exotic pest detection
trapping services, retroactive to July 1, 2014 through June 30, 2015. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2014, and that it was in the County’s best interest to enter into the agreement
on that date.
Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
6.
Review and accept the Certified
Statement of Vote as submitted by the Registrar of Voters for those
Offices/Measures for which the Board of Supervisors is canvassing the returns
of the election.
Board of Supervisors
7.
Appoint Terren Brown, District 4 -
Member to the Library Advisory Board for a term ending December 31, 2016.
8.
Reappoint Melvin Gong, Director 4
to the Tulare County Planning Commission for a term ending December 31, 2018.
9.
Appoint Jonathan Kutka, Alternate
Fire Agency, County - Tulare County Fire Department #22 to the Emergency
Medical Care Committee to serve at the Pleasure of the Board.
10.
Ratify the following
proclamations: Recognizing November 1, 2014 as Manuel Joaquin Holguin Day; and
Recognizing November 7, 2014 as Porterville College Veterans Resource Center
Dedication Day.
11.
Reappoint Kathleen M. Farrell,
Seat 11 - Family and Ralph Nelson, Jr., Seat 12 - Family to the Tulare County
Mental Health Board for terms ending December 31, 2017.
12.
Appoint in Lieu of Election, Paul
E. Romero, Zone 2 to the Alta Health Care District for a term ending December
2, 2016 and Javier Quevedo, Zone 1 to the Alta Health Care District for a term
ending December 7, 2018.
County Administrative Office/General
Services
13.
Adopt the Kaweah River Basin
Integrated Regional Water Management Plan. Find the Kaweah River Basin
Integrated Regional Water Management Plan exempt from the California
Environmental Quality Act pursuant to the adopted State of California CEQA
Guidelines Section 15061 (b)(3) and direct the Environmental Assessment Officer
to sign and file the Notice of Exemption with the Tulare County Clerk.
14.
Approve an agreement with
Consolidated Testing Laboratories, Inc. for the destruction of groundwater
wells.
15.
Approve an agreement for a
Temporary Construction Easement with Marilynn J. Konda for the Road 224 / Deer
Creek Bridge Re-construction Project in the amount of $500. Direct the Auditor
to draw a warrant in the amount of $500 in favor of Marilynn J. Konda.
16.
Approve an agreement for a
Temporary Construction Easement with Bobby Joe Paiste III for the Road 224 /
Deer Creek Bridge construction Project in the amount of $500. Direct the
Auditor to draw a warrant in the amount of $500 in favor of Bobby Joe Paiste
III.
17.
Approve an agreement for a
Temporary Construction Easement with George A. and Janet K. Marberry for the
Road 224/Deer Creek Bridge Re-construction Project in the amount of $500.
Direct the Auditor to draw a warrant in the amount of $500 in favor of George
A. and Janet K. Marberry.
18.
Approve an amendment to Lease
Agreement No. 21942 with John F. George and Donna Taber George for upgrades of
the office space located at 26644 S. Mooney Blvd, Building A, Visalia, CA.
19.
Approve an amendment to Lease
Agreement No. 21029 with John F. George and Donna Taber George for upgrades of
the office space located at 26644 S. Mooney Blvd, Building B, Visalia, CA.
20.
Approve an amendment to Lease
Agreement No. 22532 with John F. George and Donna Taber George for upgrades of
office space located at 26644 S. Mooney Blvd, Building A, Ste. 100 and Ste.
106, Visalia, CA.
21.
Approve a Grant of Easement in favor
of Pacific Gas and Electric Company over a portion of county property referred
to as the Kings River Park. Authorize the Chairman of the Board to sign the
Grant of Easement in favor of Pacific Gas and Electric Company. Find that the
Grant of Easement is in the best interest of the County and will not
substantially conflict or interfere with the use of the property by the
County. Direct the Clerk of the Board to return the signed and notarized Grant
of Easement to Property Management for transmittal to Pacific Gas and Electric
Company.
District Attorney
22.
Approve a capital asset purchase
of a new vehicle for the Workers’ Compensation Insurance Fraud Prosecution
Program in an amount up to $29,000. Approve the necessary budget adjustments
(4/5ths vote required).
Fire Department
23.
Authorize the submission of a
grant application for a Federal Emergency Management Agency Assistance to
Firefighters Grant to purchase fire personal protective equipment in the amount
of $160,814. Authorize the Fire Chief, or his designee, to sign and
electronically submit the grant application.
Health & Human Services Agency
24.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
25.
Approve an amendment to Agreement
No. 26285 with Relias Learning to extend the term through June 30, 2019 and
expand the online learning capabilities to all of Tulare County Health &
Human Services Agency staff and key partners in an approximate yearly amount of
$140,000 for a five-year contract total not to exceed $684,586.21.
26.
Approve an agreement with the Department
of Health Care Services for combined Drug/Medi-Cal and Net Negotiated Funds to
provide Substance Use Disorder services, retroactive to July 1, 2014 through
June 30, 2017. Find that the Board had authority to enter into the proposed
agreement as of July 1, 2014, and that it was in the County’s best interest to
enter into the agreement on that date.
27.
Approve the 340B Contract Pharmacy
Services agreement with Walgreens Company, retroactive to October 1, 2014 for a
three (3) year period thereafter. Find that the Board had authority to enter
into the proposed agreement as of October 1, 2014, and that it was in the
County's best interest to enter into the agreement on that date.
28.
Approve an agreement with Brandman
University to provide supervised educational field experience for students
enrolled in Brandman University's Graduate Program from December 2, 2014
through June 30, 2017.
29.
Approve an agreement with
Traditions Psychology Group d.b.a Traditions Behavioral Health in an amount not
to exceed $250,000 for the provision of acute psychiatric inpatient professional
services for Short-Doyle and Medi-Cal beneficiaries, retroactive to July 1,
2014 through June 30, 2015. Find that the Board had authority to enter into the
proposed agreement as of July 1, 2014, and that it was in the County’s best
interest to enter into the agreement on that date.
30.
Approve the Annual Certification
Statements for California Children’s Services and Child Health and Disability
Prevention and Healthcare Program for children in Foster Care for Fiscal Year
2014/2015, retroactive to July 1, 2014. Find that the Board had authority to
approve the annual Certification Statements as of July 1, 2014, and that it was
in the County’s best interest to approve the statements on that date.
31.
Authorize the Tulare County
Auditor to close the revolving funds account established under Resolution No.
87-0337 for use to obtain immediate and/or emergency shelter, food, or other
necessities for eligible consumers under the County’s Mental Health program.
Human Resources & Development
32.
Approve an amendment to Agreement
No. 25590 with Gallagher Benefit Services for Insurance Consulting Services to
extend services for the period of January 1, 2015 through December 31, 2015.
Probation
33.
Approve an agreement with Sequoia
Riverlands Trust to provide vocational horticulture training to Probation
Department youth, retroactive to July 1, 2014 through June 30, 2015. Find that
the Board had authority to enter into the proposed agreement as of July 1, 2014
and that it was in the County’s best interest to enter into the agreement on
that date.
34.
Approve an amendment to Agreement
No. 26491 with BI Incorporated for the sole source purchase of 30 additional
electronic monitoring devices and required telecommunication service in the
amount of $78,783. Authorize the Purchasing Agent to waive the bid process and
make the sole source purchase.
35.
Approve a Memorandum of
Understanding with the City of Visalia for participation in the “Avoid the 18”
Tulare and Kings County Driving Under the Influence Taskforce, retroactive to
October 1, 2014 through September 30, 2015. Find that the Board had authority
to enter into the proposed Memorandum of Understanding as of October 1, 2014,
and that it was in the County’s best interest to enter into the Memorandum of
Understanding on that date.
36.
Approve an end-user software
license agreement with Geographic Solutions, Incorporated for Virtual Onestop®
workforce development software. Authorize the Purchasing Agent to waive the
bid process and make the sole source purchase. Approve the necessary budget
adjustments. (4/5ths vote required).
37.
Approve Gang Resistance Education
and Training Program agreements with the participating Tulare County School
Districts, retroactive to July 1, 2014. Find that the Board had the authority
to enter into the proposed agreements as of July 1, 2014, and that it was in
the County’s best interest to enter into the agreements on that date.
Resource Management Agency
38.
Approve the designation of a
One-Way STOP at the intersection of Avenue 288 (Marinette Avenue) and Road 210
as a controlled intersection. Authorize the installation of STOP signs on
Avenue 288 (Marinette Avenue) at the intersection of Road 210 in accordance
with the provisions of Section 2B.06 of the 2012 California Manual on Uniform
Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California
Vehicle Code.
39.
Approve the designation of a
Two-Way STOP at the intersection of Local Avenue 96A (Bradbury Avenue) and Road
122 (Cedar Street) as a controlled intersection. Authorize the installation of
STOP signs on Local Avenue 96A (Bradbury Avenue) at the intersection of Road
122 (Cedar Street) in accordance with the provisions of Section 2B.06 of the
2012 California Manual on Uniform Traffic Control Devices (CA MUTCD) and
Section 22450(c) of the California Vehicle Code.
40.
Approve an amendment to Agreement
No. 26316 with the Orosi Public Utility District, to allow for the completion
of the North Tulare County Regional Surface Water Treatment Plant feasibility
study, retroactive to July 1, 2014 through June 30, 2015. Find that the Board
had authority to enter into the proposed agreement as of July 1, 2014, and that
it was in the County’s best interest to enter into the agreement on that date.
41.
Approve the Agreement with Tulare
County Association of Governments for providing transit services to the College
of Sequoias retroactive to August 1, 2014 through December 31, 2020. Find that
the Board had the authority to enter into the proposed agreement as of August
1, 2014, and that it was in the County’s best interest to enter into the
agreement on that date.
42.
Accept the work for the
construction of Orosi High School Safe Routes to School Project as complete by
Dawson-Mauldin Construction, Inc. of Huntington Beach, California. Authorize
the Chairman to sign the Notice of Completion. Direct the Clerk of the Board
to have the Notice of Completion recorded with the County Recorder.
43.
Accept the work for the
construction of Avenue 416 Replacement Bridge over the Kings River as complete
by Viking Construction Company, Inc. of Rancho Cordova, California. Authorize
the Chairman to sign the Notice of Completion. Direct the Clerk of the Board
to have the Notice of Completion recorded with the County Recorder.
44.
Accept the work for the
construction of Road 56 Bridge Replacement over Packwood Creek located
northwest of the City of Tulare as complete by Floyd Johnston Construction Co.,
Inc. of Clovis, California. Authorize the Chairman to sign the Notice of
Completion. Direct the Clerk of the Board to have the Notice of Completion
recorded with the County Recorder.
45.
Accept the work for the
construction of Pixley Safe Routes to School Project as complete by Brough
Construction Corporation of Arroyo Grande, California. Approve payment to
Contractor for contract contingencies of $54,978.94 in excess of the contract
bid amount. Authorize the Chairman to sign the Notice of Completion. Direct
the Clerk of the Board to have the Notice of Completion recorded with the
County Recorder.
46.
Accept the work for the
construction of a Traffic Signal at Date Avenue (A148) and Leggett Street
(R256) east of the City of Porterville as complete by Dawson-Mauldin
Construction, Inc. of Huntington Beach, California. Authorize the Chairman to
sign the Notice of Completion. Direct the Clerk of the Board to have the
Notice of Completion recorded with the County Recorder.
47.
Accept the work for the construction
of Strathmore Elementary School Safe Routes to School Project as complete by
Don Berry Construction, Inc. of Selma, California. Authorize the Chairman to
sign the Notice of Completion. Direct the Clerk of the Board to have the
Notice of Completion recorded with the County Recorder.
48.
Accept the work for the
construction of Traver Elementary Sidewalk Improvement Project as complete by
Witbro Inc. d.b.a. Seal Rite Paving and Grading of Fresno, California.
Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of
the Board to have the Notice of Completion recorded with the County Recorder.
49.
Approve the Measure R Program
Supplement to Cooperative Agreement to fund the Preliminary Engineering for
Segment 1 of the Avenue 280 Widening Project in the amount of $600,000.
Authorize the Chairman to sign the agreement, subject to review and approval as
to form by County Counsel.
50.
Introduce and waive the first
reading of an amendment to the Tulare County Zoning Ordinance 352 pertaining to
the adoption of a Mixed-Use Overlay Combining Zone and Zoning District map
changes to the community of Traver (PZ 14-002); and an Amendment to Zoning
Ordinance Section 16 (PZ 14-003) to allow “by-right” uses within the Traver UDB
as recommended by the Planning Commission. Approve the Ordinance Summary and
direct the Clerk of the Board to publish such summary and to post a certified
copy of the complete ordinance five (5) days prior to adoption as required by
Section 25124 et. seq. Set the Public Hearing for December 16, 2014 at 9:30
a.m. or shortly thereafter as the matter can be heard.
Sheriff/Coroner
51.
Approve a capital asset purchase
to upgrade the Department’s Bomb Robot for an amount not to exceed $45,000.
Authorize the necessary budget adjustments (4/5ths vote required).
Workforce Investment Board
52.
Approve the budget adjustments
resulting from the agreement with Madera County Workforce Investment
Corporation to provide job training services to dislocated workers in Tulare
County. 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
53.
Presentation regarding an overview and update of the
Sheriff's Department programs and projects.
(Closed Session)
CLOSED SESSION
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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 the closed session will
be made in accordance with Government Code sections 54957.1
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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
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Agenda item this meeting: Amendment to the
Tulare County Zoning Ordinance No. 352 for Zone Change No. PZ 06-008 Dhillon -
Earlimart
ITEM B
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: Sierra Club vs. County of
Tulare, et al.
tulare Superior Court Case No. 249061
ITEM C
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: Pamela Fox, et al. vs. County
of Tulare, et al.
USDC, Eastern District No.
1:11-cv-00520-AWI-SMS
ITEM D
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: John Stephens v. County of
Tulare Worker's Compensation AIG Claim Number 124-122989
ITEM E
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: Daniel Garcia v. County of
Tulare Worker's Compensation Claim Number CT-14-010018
ITEM F
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Claim was filed by the Law Offices of Melo
& Sarsfield, on behalf of Estevan Malta.
ITEM G
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Claim filed on behalf of the dependents of
the deceased Tulare County Correctional Deputy Jeremy Meyst.
ITEM H
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: SEIU Local 521 v. County of
Tulare,
Public Employment Relations Board Case No.
SA-CE-782-M
ITEM I
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM J
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Details
(Government Code Section 54957)
FOR THE POSITION OF: Child Support Services
Director
ITEM K
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Details
(Government Code Section 54957)
FOR THE POSITION OF: County Librarian
ITEM L
CONFERENCE WITH LABOR NEGOTIATOR
Details
(Government Code Section 54957.6)
Agency Designated Representative: Rhonda
Sjostrom, Jean M. Rousseau
Employee Organization: All Certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees except Elected
Ne
