(Public Comment Period)
1.
Board of Supervisor matters.
2.
Announcement of "Movember Moustache Contest"
Winners.
3.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
4.
PUBLIC HEARING: Request from County Fire Department to
conduct a public hearing for Fire Hazard Abatement Cost Recovery. Confirm the
accounting as modified. Order that the cost as confirmed be recorded in the
office of the Tulare County Recorder. Order that Tulare County
Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax
roll as special assessments against the respective parcels of land.
5.
PUBLIC HEARING: Request from the Treasurer-Tax Collector to
continue the public hearing from October 28, 2014 regarding the denial of the
appeal filed by Marilu Lopez regarding an Adult Oriented Business License, per
Tulare County Ordinance Code Sections 6-03-1050.
6.
PUBLIC HEARING: Request from Resource Management Agency to
hold a Public Hearing and 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 General Plan Amendment, Change of Zoning
Districts, and associated Zoning Ordinance Amendments as being in compliance
with the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines. Find there is no substantial evidence that said Zoning Ordinance
Amendment will have a significant effect on the environment and that based on
substantial evidence in the record that the analysis presented in the Initial
Study and Mitigated Negative Declaration for the Traver Community Plan Updated
inclusive of GPA 14-003, PZ 14-002 and PZ 14-003, has been completed in
compliance with the California Environmental Quality Act and the State
Guidelines for the Implementation of the California Environmental Quality Act
of 1970. Adopt the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program as recommended by the Planning Commission in Resolution
9013. Direct the Environmental Assessment Officer of the Tulare Resource
Management Agency to file a Notice of Determination with the Tulare County
Clerk. Adopt the findings of approval for the General Plan Amendment, Change
of Zoning Districts, and associated Zoning Ordinance Amendments as set forth in
the Planning Commission Resolutions 9014, 9015, and 9016. Waive the final
reading and adopt the 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. Upon adoption of the
proposed ordinances direct the Clerk of the Board to publish once in the
Visalia Times-Delta newspaper the summary of the ordinance amendments and
amended zoning map with the names of the Board of Supervisors voting for and
against the amendment and to post a certified copy of the full ordinance
amending the Tulare County Zoning Ordinance with the names of the Board of
Supervisors voting for and against the amendment, within fifteen (15) days as
required by Section 25124 et. seq.
(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
7.
Approve an agreement with the
California Department of Food and Agriculture for providing State subvention in
the amount of $17,344 to offset costs of providing pest detection trapping
services for Light Brown Apple Moth, retroactive to October 1, 2014 through
September 30, 2015. 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.
Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
8.
Approve request by the Cutler
Public Utility District to change from odd- to even-numbered year elections,
with the election to be consolidated with the General Election.
9.
Approve request by the Visalia
Unified School District to change from odd- to even-numbered year elections,
with the election to be consolidated with the General Election.
Board of Supervisors
10.
Approve the List of Appointive
Offices on Regulatory Commissions and Advisory Boards, Commissions and
Committees for vacancies on Boards and Commissions and Special Districts
occurring in 2015 for compliance with the Maddy Act and authorize posting.
11.
Appoint Eric Coyne, Resource
Management Agency to the Health Advisory Committee for a term ending February
1, 2017.
12.
Appoint Virginia Sepeda, Member at
Large to the Youth Commission for a term ending June 30, 2017. Appoint Rodney
Blaco, District 3 - Seat 1 to the Youth Commission for a term ending June 30,
2015.
13.
Reappoint Thomas Brodersen, Member
County Bar to the Tulare County Law Library for a term ending December 31,
2015.
Capital Projects & Facilities
14.
Approve an agreement with Chas
Rhoads Architect for the completion of biddable plans and specifications for
the construction of Fire Station No. 1 in the amount of $239,000. Authorize the
Chairman to sign the agreement upon receipt of certificates of insurance and
subject to review and approval as to form by County Counsel.
County Administrative Office/General
Services
15.
Ratify and approve a
Confidentiality Agreement with the Weingart Foundation retroactive to November
10, 2014 for information regarding property at 5300 West Tulare, Visalia,
California. Find that the Board had the authority to enter into the proposed
agreement as of November 10, 2014 and that it was in the County’s best interest
to enter into the agreement on that date.
16.
Approve amendment to Agreement No.
24583 to allow a change to the Tulare County Assoication of Governments Board
composition to meet the requirement for a transit representative to serve on
the Tulare County Association of Government Board. Authorize the Chairman to
execute ten originals of the Joint Powers Agreement Amendment Three approved by
a sufficient number of the nine political subdivisions and leaving the date
blank with the understanding that the effective date will be the date the
amendment is executed by the last party.
17.
Approve the closure of the
following locations and offices on Friday, December 26, 2014, during the
regularly scheduled hours of 8:00 AM – 12:00 PM: County Administrative Office:
2800 W. Burrel Ave., Visalia, CA, Board of Supervisors Office: 2800 W. Burrel
Ave., Visalia, CA, County Counsel (Central Office): 2900 W. Burrel Ave.,
Visalia, CA. Direct staff to post notices of the closures at each location.
18.
Approve an amendment to Agreement
No. 25370 with Jay W. Powell, Inc. to extend the term of the agreement to
February 28, 2015 and to increase the agreement amount to $195,292 per month to
provide conflict public defender services.
District Attorney
19.
Ratify and approve the Grant Award
Agreement for acceptance of grant funding from the Insurance Commissioner of
the State of California for the Automobile Insurance Fraud Prosecution Program
in the amount of $213,847 retroactive to July 1, 2014 through June 30, 2015.
Ratify and approve the District Attorney’s signature on the Agreement. 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. Direct the Board Clerk to prepare a certified copy of the
resolution for the District Attorney’s Office.
20.
Ratify and approve the Grant Award
Agreement for acceptance of grant funding from the Insurance Commissioner of
the State of California for the Workers’ Compensation Insurance Fraud
Prosecution Program in the amount of $499,033 retroactive to July 1, 2014
through June 30, 2015, and recognize an additional $40,148 in carry over funds
and $541 in program interest from Fiscal Year 2013/2014, for a total of
$539,722. Ratify and approve the District Attorney’s signature on the
agreement. 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. Direct the Board Clerk to prepare a
certified copy of the resolution for the District Attorney’s Office.
Health & Human Services Agency
21.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
22.
Approve an amendment to Agreement
No. 22153 with GE Medical Systems Information Technologies, Inc. retroactive to
July 1, 2014 and to extend the term through June 30, 2015 in an amount not to
exceed $108,766. Find that the Board had authority to enter into the proposed
amendment as of July 1, 2014 and that it was in the County's best interest to
enter into the amendment on that date.
23.
Approve the Memorandum of
Understanding to provide field placement of social work students as interns in
the social work field between Tulare County Health & Human Services Agency,
Child Welfare Services Division and Humboldt State University effective upon
signature and shall remain in effect for a period of one year.
24.
Approve an agreement with
TransUnion, LLC. to provide consumer report services for Tulare County Health
and Human Services Agency (HHSA) from December 16, 2014 through June 30, 2016.
25.
Authorize the Chairman of the
Board to sign Reimbursement Request Form with the Retail Standards Grant
Program, United States Food and Drug Administration and Association of Food
& Drug Officials.
26.
Approve amendments to the
agreements listed below for Tulare County Health & Human Services, as the
Local Government Agency, to act as the claims processing agent of Medi-Cal
Administration Activities claims on behalf of their school district, from
January 1, 2015 through June 30, 2016. The purpose of these amendments is to
update the Exhibits and extend the termination date: Agreement Number 25479 -
Strathmore Union Elementary School District, Agreement Number 24417 - Tulare
City Elementary School District, Agreement Number 25521 - Visalia Unified
School District, and Agreement Number 25528 - Woodlake Family Resource Center.
27.
Approve the necessary 2014/2015
budget adjustments for a TulareWORKS capital project per the attached AUD 308
(4/5ths vote required).
Information & Communications
Technology
28.
Approve the license and maintenance
renewal with Secure Content Solutions, Inc. in the amount of $111,588 to
provide license and maintenance of Sophos Anti-Virus software for the period of
March 27, 2015 to March 28, 2018.
29.
Approve the contract with
Manatron, Inc. – A Thomson Reuters Business in the amount of $122,002 for the
purchase and implementation of the eGov System. This is a services contract
and can be terminated by the County with 90 days written notice.
Probation
30.
Approve and adopt a resolution for
submission of a SB 81, Round Two Construction of Local Youthful Offender
Rehabilitation Facilities application to the California Board of State and Community
Corrections for $3 million to construct the proposed vocational facility
adjacent to the Probation Youth Facility. Authorize the Chairman to sign the
SB 81 proposal form and any related agreements and documentation as required by
the program. Authorize the required cash match of $650,000 as outlined in the
SB 81 proposal form. Approve the necessary budget adjustments. (4/5ths vote
required).
Resource Management Agency
31.
Approve the Matheny Tract
Transportation Infrastructure Plan Final Report.
32.
Authorize the Tulare County Film
Commissioner to accept two separate donations of $500 each from film production
companies in appreciation of film-related safety and monitoring services.
Authorize the necessary budget adjustments. (4/5ths vote required).
33.
Approve submittal of an
application to the United States Department of Agriculture Rural Development
under the Emergency Community Water Assistance Grant program for $500,000 to
alleviate drought-related ground water problems currently affecting Monson.
Authorize and direct the County Administrative Officer or designee to act on
the County’s behalf in all matters pertaining to this application. Authorize
and direct the Chairman of the Board of Supervisors to sign the United States
Department of Agriculture Rural Development application as necessary.
Authorize and direct the Chairman of the Board to enter into and sign the
Funding Agreement, and any subsequent amendments thereto, with the United
States Department of Agriculture Rural Development for the purpose of this
grant, subject to County Counsel approval as to form. Authorize and direct the
Resource Management Agency Director, or designees, to perform the following:
(a) Serve as Grant Administrator, (b) Sign Funds Requests for Reimbursement,
(c) Sign the Project’s Budget and Expenditure Summary, (d) Sign the Certification
of Project Completions, and (e) Sign the Final Release Form. Authorize the
necessary budget adjustments. (4/5th vote required)
34.
Approve a 2014/2015 Transit
Agreement with the City of Visalia to provide transit service to County of
Tulare residents in the amount of $212,976 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.
35.
Approve the FY 2014-2015
Williamson Act Subvention Application Report.
36.
Approve an agreement in the amount
of $199,501 with Sequoia Riverlands Trust to perform environmental mitigation
for the Avenue 416 Kings River Bridge Project.
37.
Approve an agreement in the amount
of $105,757 with Sequoia Riverlands Trust to perform environmental mitigation
for the Mountain Road 319 South Fork Kaweah River Bridge Project.
38.
Approve Program Supplement No.
N084 in the amount of $25,000 with the California Department of Transportation
for the Preliminary Engineering phase for the Road 204 Wutchumna Ditch Bridge
project.
39.
Approve Program Supplement No.
N085 in the amount of $25,000 with the California Department of Transportation
for the Preliminary Engineering phase for the Avenue 424 Traver Canal Bridge
project.
40.
Approve the Measure R Program
Supplement to Cooperative Agreement to fund the Preliminary Engineering for the
Terra Bella Sidewalks Improvement project in the amount of $20,000.
41.
Approve the Measure R Program
Supplement to Cooperative Agreement to fund the Preliminary Engineering for the
Tooleville Sidewalks Improvement project in the amount of $35,000.
42.
Affirm the finding that the County
received less than one-half of the foregone property tax revenue pursuant to
Government Code Sections 16142(e) and 16142.1(d) for the 2013-2014 Fiscal Year;
and affirm implementation of AB 1265 pursuant Government Code Sections 51244(b)
and Section 51244.3 for a reduction of property tax benefits by ten percent,
and also pursuant to Government Code Section 51244(b) a related reduction of
the term of the contracts to nine years (eighteen years for Farmland Security
Zone contracts).
43.
FOR INFORMATION ONLY: Bid opening
for John J. Doyle Elementary School Safe Routes to School.
Sheriff/Coroner
44.
Approve a capital asset purchase
of a police service dog and training not to exceed $13,000. Authorize the
necessary budget adjustments. (4/5ths vote required)
45.
Authorize retroactive submittal of
grant application of $715,000 from the Edward Byrne Memorial Justice Assistance
(JAG) program of the Board of State and Community Corrections to operate an
educational and crime suppression program targeting youth and young adults
between March 1, 2014, and December 31, 2015.
46.
Authorize submittal of a grant
application of up to $80,000 under the Public Benefit Grant Program of the San
Joaquin Valley Air Pollution Control District for the purchase of four electric
motorcycles for the Sheriff’s Department.
Solid Waste
47.
Approve an agreement with ARCADIS
U.S., Inc. in the amount of $312,900 for environmental consulting services at
the Visalia landfill for the period of December 16, 2014 through December 31,
2015 subject to review and approval as to form by County Counsel. Authorize
the Purchasing Agent to waive the bidding process for such services because
ARCADIS U.S., Inc. has the expertise and familiarity with the history of
contamination at the Visalia landfill, enabling the County to complete the work
within the required regulatory timeframe.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
48.
Request from Resource Management Agency to find that the bid
submitted by JT2, Inc., dba. Todd Companies of Visalia, California is
non-responsive and rejected. Deny the bid protest of JT2 Inc. dba Todd
Companies and award the John J. Doyle Elementary School Safe Routes to School
Project contract to the next lowest responsive bidder and allow a contingency
fund for unexpected construction conditions. Approve and award the contract to
the lowest responsive and responsible bidder, Dawson-Mauldin Construction, Inc.
of Huntington Beach, California, in the amount of $228,798 for construction of
John J. Doyle Elementary School Safe Routes to School Project. Authorize the Chairman
to sign the contract after review and approval as to form by County Counsel and
upon receipt of certificates of insurance, bonds and evidence that the
contractor possesses a valid State Contractors License; and allow funds for
contingencies in the amount of $22,880 (10%) to cover unexpected construction
conditions.
49.
Request from County Administrative Office to provide
direction to staff as to which, if any, of the proposed increases should be
utilized to modify Tulare County Ordinance Section 1-19-1205 related to mileage
and per diem of Grand Jurors, or provide direction to modify one of the
proposed options. Option 1: Increase the Grand Jurors per diem amount to $20.
Option 2: Increase the Grand Jurors per diem amount to $25. Option 3: Increase
the Grand Jurors per diem amount to $30. Introduce and waive the first reading
of an ordinance amending section 1-19-1205 in Article 5 of Chapter 19 in Part I
of the Ordinance Code, pertaining to an increase in per diem for Grand Jurors.
Set the second reading for January 6, 2015.
(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
An appeal filed by Marilu Lopez concerning
the denial of renewal of an adult-oriented business license. See Board of
Supervisors Agenda item dated December 16, 2014 as continued from October 28,
2014.
ITEM B
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Requests from Resource Management Agency for
the Board To Certify the Mitigated Negative Declaration and Approve the General
Plan Amendment for the Traver Community Plan, Change of Zoning Districts, and
Associated Zoning Amendments. See Board of Supervisors Agenda Dated December
16, 2014.
ITEM C
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Details
Significant Exposure to Litigation
[Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 2
The Board Is to Hear the Bid Protests from
JT2 Inc. dba Todd Companies of Visalia and Responses; Award the Bid to the
Lowest Responsive and Responsible Bidder. See Board of Supervisors Agenda Item
December 16, 2014.
ITEM D
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 E
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Details
(Government Code Section 54956.8)
Property Descriptions: APNs are 200-020-002
and 200-020-003 The property is located on Avenue 170 around 300 feet west of
Road 28.
Agency Negotiator: Jean Rousseau and Robert
Newby
Negotiating Parties: Paul Nunes
Under Negotiation: Price and Terms of
Payment.
ITEM F
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Details
(Government Code Section 54956.8)
Property Descriptions: APNs are 200-020-002
and 200-020-003 The property is located on Avenue 170 around 300 feet west of
Road 28.
Agency Negotiator: Jean Rousseau and Robert
Newby
Negotiating Parties: City of Corcoran
Under Negotiation: Price and Terms of
Payment
ITEM G
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Details
[Government Code Section 54956.9(d)(1)]
Name of Case: Paul Grenseman and Julia
Jimenez v. County of Tulare et al Tulare County Superior Court Case No. 258551.
ITEM H
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 by Richard Miller on December 13,
2012.
ITEM I
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 Employee Relations Board Case No:
SA-CE-894-M
ITEM J
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Details
(Government Code Section 54957)
FOR THE POSITION OF: County Librarian
ITEM K
CONFERENCE WITH LABOR NEGOTIATOR
Details
(Government Code Section 54957.6)
Agency Designated Representative: Rhonda
Sjostrom, Jean Rousseau
Employee Organization: All Certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees except Elected
ITEM L
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Details
(Government Code Section 54956.8)
Property Descriptions: 5300 W. Tulare Avenue,
Visalia, CA
Agency Negotiator: Jean Rousseau and Robert
Newby
Negotiating Parties: Weingart Foundation
Under Negotiation: Price and Terms of Payment
Ne
