CA - Tulare: BOARD OF SUPERVISORS

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BOARD OF SUPERVISORS

MEMBERS OF THE BOARD

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

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

July 9, 2019

9:00 A.M. Board Convenes

Visalia Convention Center-San Joaquin C/D

Tagged Passions:conventions

303 E. Acequia Avenue

Visalia, CA 93291

PLEDGE OF ALLEGIANCE Moment of Silence

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, 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. 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.

(Public Comment Period)

Documents related to the items on this Agenda, submitted to the Board after distribution of the Agenda packet, are available for public inspection in

the Board of Supervisors Office, 2800 W. Burrel Avenue, Visalia, CA during normal business hours. 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

As a courtesy to those in attendance, please turn off or place in alert mode all cell phones and pagers.

Tagged Passions:Cell Phones

In compliance with the Americans with Disabilities Act, requests for disability-related modification or accommodation needed in order to participate

in the meeting must be made to the Clerk of the Board of Supervisors (559) 636-5000 no later than Monday at 9:00 a.m.
Tagged Passions:disability and compliance

1. Board of Supervisors matters.

2. Public Comments.

9:30 A.M. TIMED ITEMS

(Timed Items)

3. PUBLIC HEARING: Request from the Health and Human Services Agency to consider the proposed fee adjustment for Tulare County Health Human Services

Agency: Health Operations Division for Fiscal Year 2019/2020. Adopt the fee recommended for the Tulare County Health Human Services Agency: Health Operations Division to cover costs. Authorize the Tulare County Health Human Services Agency: Health Operations Division to implement the fee beginning July 10, 2019.
Tagged Passions:health, services, and hearing

4. PUBLIC HEARING: Request from the Resource Management Agency to adopt General Plan Amendment No. GPA 19-003 for Ivanhoe, Plainview, and Woodville

consistent with Planning Commission Recommendation Resolution 9633. Amend Section 18.9 of Ordinance No. 352, establishing the Mixed Use Combining Zone within the Ivanhoe, Plainview, and Woodville consistent with Planning Commission Recommendation Resolution 9634. Amend Section 16 of Ordinance No. 352, the Zoning Ordinance, to allow additional by-right uses within the Ivanhoe, Plainview, and Woodville consistent with Planning Commission Recommendation Resolution 9635. Amend Ordinance No. 352, the Zoning Ordinance for changes to zoning boundaries within Ivanhoe, Plainview and Woodville consistent with Planning Commission Recommendation Resolution 9636. Adopt the Initial Study/Mitigated Negative Declarations (IS/MND) and Mitigation Monitoring and Reporting Plans (MMRP) for Ivanhoe, Plainview and Woodville consistent with Planning Commission Recommendation Resolution 9632.
Tagged Passions:planning, ordinance, boards and commissions, zoning, and hearing

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 36)

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 member or member of the public on any item, that item will be removed from the Consent Agenda.

Assessor/Clerk-Recorder

5. Waive the second reading and adopt an ordinance repealing Article 19 of Chapter 5 of Part I of the Ordinance Code, pertaining to a utility users

tax, and adding Article 19 of Chapter 5 of Part I of the Ordinance Code, pertaining to low-value assessments. Direct the Clerk to publish a summary of the ordinance and post a full copy of the ordinance after adoption as required by law. Supersede Board of Supervisors Resolution No. 2018-0874, regarding the minimum assessed value standard.
Tagged Passions:ordinance, taxes, Taxes, utility, and Utility

Auditor-Controller/Treasurer-Tax Collector

Tagged Passions:taxes, Taxes, Treasurer, audit, and TREASURER

6. Approve Alpine Village-Sequoia Crest Community Services Districts request to continue with an annual financial compilation for the Fiscal Year

ended June 30, 2019 (Unanimous vote required).
Tagged Passions:finance and services

7. Approve payment of Invoice No.1063 dated May 30, 2019 in the amount of 6,946.14 from Neil Kupchin Management Training Consultant.

Tagged Passions:services and training

Board of Supervisors

8. Amend Resolution No. 2019-0242 to Adopt the Order of Adjournment of the Board Supervisors meetings to specified times and locations as follows:

July 30, 2019 District 5

The Regular Meeting will convene for purposes of Closed Session at 4:00 p.m. at the Springville Veterans Memorial Building located at 35944 Highway

190, Springville and then be reconvened for purposes of Open Session at 6:30 p.m. at the Springville Veterans Memorial Building located at 35944 Highway 190, Springville.
Tagged Passions:veterans

October 15, 2019 District 4

The Regular Meeting will convene for purposes of Closed Session at 4:00 p.m. in the County of Tulare Board Chambers located at the Administration

Building, 2800 W. Burrel Avenue, Visalia and then be reconvened for purposes of Open Session at 6:30 p.m. at the Ivanhoe Elementary School located at 16030 Ave. 332, Ivanhoe.
Tagged Passions:education

9. Rescind the full-term appointment of Veronica Corrales to the Director Seat on the East Orosi Community Services District, per Resolution No

2018-0946 and appoint Veronica Corrales to a short-term ending December 6, 2019.
Tagged Passions:appointments and services

10. Appoint Ann Johnson to the Historical Society Member Seat on the Tulare County Museum Board for a term ending February 13, 2020.

Tagged Passions:appointments and historical

11. Reappoint Janis Lehmann to the District 2 - Seat 1 on the Tulare County Youth Commission for a term ending June 30, 2022.

Tagged Passions:boards and commissions, appointments, and youth

12. Appoint James L. Sullins to the Member 9 - General Agricultural Seat on the Agricultural Advisory Committee for a term ending June 30, 2022.

Tagged Passions:appointments and agriculture

13. Appoint Larry Gonzales to the District 3 - Seat 2 on the Tulare County Youth Commission for a term ending June 30, 2022.

Tagged Passions:boards and commissions, appointments, and youth

Clerk of the Board

14. Approve the amended Conflict of Interest Code adopted by Woodville Public Utility District.

Tagged Passions:utility, Utility, and electric

County Counsel/Risk Management

Tagged Passions:risk

15. Authorize the County Counsel to execute retainer agreements on behalf of the County to provide County Counsel legal services to the Tulare County

Association of Governments, Tulare County Transportation Authority, Tulare County Local Agency Formation Commission, and any Public Cemetery District, Memorial District, Special District, or local agency requesting such services, based on the attached model retainer agreement.
Tagged Passions:legal, boards and commissions, transportation, and services

General Services Agency

Tagged Passions:services

16. Approve an amendment to Agreement No. 27574 with Bernards Bros., Inc. to increase the agreement amount by 73,693 from 53,091,243 to 53,164,936

for construction services for the South County Detention Facility.
Tagged Passions:construction, facility, services, and detention

17. Approve the detachment of Assessors Parcel No. 338-200-005, known as the Richgrove Landfill, from the Kern Tulare Water District.

Tagged Passions:landfill, utility, solid waste, Utility, water, and property

18. Approve authority to vote for the proposed assessment on the Downtown Visalia Property and Business Improvement District petition for County

owned parcel, Assessors Parcel No. 094-333-005, known as the Visalia Library. Direct the General Services Agency Director, or their designee, to mark ballot on the affirmative on the proposed assessment. Direct the General Services Agency Director, or their designee, to submit the ballot to the City of Visalia Council Chambers by July 15, 2019.
Tagged Passions:business, election, downtown, services, property, and library

Health Human Services Agency

Tagged Passions:health and services

19. Approve an agreement with the California Department of Education for the Summer Food Service Program in an amount not to exceed 7,930,

retroactive from June 4, 2019 through September 13, 2019.
Tagged Passions:program and education

20. Approve a Memorandum of Understanding with North Star Family Center to provide services on behalf of Tulare County Child Welfare Services foster

children. This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information, retroactive from July 1, 2019 through June 30, 2022. There is no cost associated with this Memorandum of Understanding.
Tagged Passions:services

21. Approve a Memorandum of Understanding with Karing 4 Kids Foster Family Agency to provide services on behalf of Tulare County Child Welfare

Services foster children. This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information retroactive from July 1, 2019, through June 30, 2022. There is no cost associated with this Memorandum of Understanding.
Tagged Passions:services

22. Approve a Memorandum of Understanding with Kern Bridges Youth Homes to provide services on behalf of Tulare County Child Welfare Services foster

children. This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information retroactive from July 1, 2019, through June 30, 2022. There is no cost associated with this Memorandum of Understanding.
Tagged Passions:services and youth

23. Approve a Memorandum of Understanding with Koinonia Foster Homes, Inc., to provide services on behalf of Tulare County Child Welfare Services

foster children. This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information retroactive from July 1, 2019, through June 30, 2022. There is no cost associated with this Memorandum of Understanding.
Tagged Passions:services

24. Approve a Memorandum of Understanding with the California Ventura Automated Collection System Association for Tulare Countys participation in the

fourteen-county consortium in an amount not to exceed 13,278.26, retroactive from July 1, 2019 through June 30, 2020.

Human Resources Development

Tagged Passions:development, Development, and human resources

25. Approve the tentative agreement and authorize such changes to the Memorandum of Understanding between the County of Tulare and the Government-

Lawyers Association of Workers, Bargaining Unit 8.
Tagged Passions:legal

26. Approve the Memorandum of Understanding between the County of Tulare and the Tulare County Probation Association (TCPA), Bargaining Unit 12, for

the term of July 1, 2019 through June 30, 2021.

Resource Management Agency

27. Waive the second reading and adopt the Ordinance Levying a Special Tax Lien within the County of Tulare for Community Facilities District 2019-01

and Andersen Village Annexation Area. Direct the Clerk to publish the summary of the ordinance and post a full copy of the ordinance after adoption as required by law. Direct the Clerk to Record the Notice of Special Tax Lien.
Tagged Passions:ordinance, taxes, Taxes, and annexation

28. Approve the Plans, Special Provisions, Proposal and Contract (Bid Documents) for the construction of the Earlimart Park Sidewalk Improvements

Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Earlimart Park Sidewalk Improvements Project. Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines General Rule Exemption per Section 15300.4 Application by Public Agencies and Section 15301 Existing Facilities, respectively, for the Earlimart Park Sidewalk Improvements Project. Authorize the Environmental Assessment Officer, or their designee, to sign and file the Notice of Exemption with the Clerk-Recorder.
Tagged Passions:rfp, RFP, construction, streets, contract, advertising, environment, parks, and Pedestrian

29. Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section

15333 Small Habitat Restoration Projects, for the M348 South Fork Kaweah River Bridge Revegetation Project. Authorize the Environmental Assessment Officer, or their designee, to sign and file the Notice of Exemption with the Clerk-Recorder.
Tagged Passions:environment and watershed

30. Approve a Memorandum of Understanding regarding the Comprehensive, Continuing, and Cooperative Transit Planning and Programming Process between

the Tulare County Association of Governments (TCAG) and the County of Tulare effective upon approval by the TCAG Board of Directors. Appoint the Resource Management Agency (RMA) Director, or their designee, to serve as a member of the TCAG Technical Advisory Group. Delegate to the RMA Director the responsibility to identify a representative to attend the Social Service Transportation Advisory Council. Delegate to the RMA Director the responsibility to identify a representative to attend the Transit Forum.
Tagged Passions:planning, council, appointments, and transportation

31. Approve a Letter of Agreement with the U.S. Bureau of Reclamation to review and approve the expansion of lands incorporated into the Alpaugh

Irrigation District, a Cross Valley Canal subcontractor, per Article 33 of our Contract, retroactive from April 30, 2019.
Tagged Passions:expansion, contract, and watershed

32. FOR INFORMATION ONLY: Bid Opening Results for the 2019 Road Repair and Accountability Act (RRAA) Project 1.

Tagged Passions:rfp, RFP, streets, and accountability

CONTRACTOR BID AMOUNT

Tagged Passions:rfp and RFP

Teichert Construction 4,894,267.00

Tagged Passions:construction

Granite Construction Company 4,982,675.00

Tagged Passions:construction

Agee Construction Corp. 4,993,156.00

Tagged Passions:construction

Avison Construction, Inc. 5,061,360.00

Tagged Passions:construction

Papich Construction Company 5,308,868.88

Tagged Passions:construction

Cal Valley Construction 5,818,450.70

Tagged Passions:construction

Engineers Estimate 4,659,742.50

Sheriff/Coroner

Tagged Passions:public safety and coroner

33. Approve an agreement with the Pixley Union School District to provide School Resource Officer services on district campuses in an amount not to

exceed 86,937, effective August 13, 2019 through June 3, 2020.
Tagged Passions:services and education

34. Approve an agreement with the Cutler-Orosi Joint Unified School District for the Sheriffs Office to provide School Resource Officer services on

district campuses in an amount not to exceed 108,726, effective August 13, 2019 through June 30, 2020.
Tagged Passions:public safety, services, and education

35. Approve an amendment to Agreement No. 28077 with the United States Forest Service to add the Annual Operating and Financial Plan, identified as

Exhibit A, for reimbursement to the Sheriff's Office for patrol services on United States Forest Service land in the amount of 33,000, retroactive from October 1, 2018 through September 30, 2019. Approve an amendment to Agreement No. 28077 with the United States Forest Service to add the Annual Operating and Financial Plan, identified as Exhibit B, for reimbursement to the Sheriff's Office for services related to controlled substances on United States Forest Service land in the amount of 24,000, retroactive from October 1, 2018 through September 30, 2019.
Tagged Passions:finance, public safety, and services

Workforce Investment Board

Tagged Passions:investment and workforce

36. Approve the Workforce Investment Board of Tulare County Subsequent Local Workforce Development Area Designation and Local Workforce Development

Board Recertification Application.
Tagged Passions:development, Development, investment, workforce development, and workforce

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

37. Request from the Solid Waste Department to approve the plans and specifications for the construction of the Teapot Dome Landfill Entrance.

Authorize the Chairman to sign the plans. Approve the advertisement of the Teapot Dome Landfill Entrance construction project. Set the bid opening date for August 8, 2019 at 10:00 A.M. Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15300.4 Application by Public Agencies and Section 15301 Existing Facilities. Authorize the Environmental Assessment Officer, or their designee, to sign and file the Notice of Exemption with the Clerk-Recorder.
Tagged Passions:rfp, RFP, regulation, construction, landfill, utility, solid waste, Utility, advertising, and environment

38. Request from the Agricultural Commissioner to approve 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). Direct the Environmental Assessment Officer, or their designee, to sign and file the Notice with the Clerk-Recorder. Introduce and waive the first reading of an ordinance amending Chapter 25 of Part IV of the Tulare County Ordinance Code, pertaining to Agricultural Application of Sewage Sludge. Set the second reading of the ordinance amendment to July 23, 2019. Direct the Clerk of the Board to publish a summary of the ordinance before the second reading as required by law.
Tagged Passions:regulation, ordinance, agriculture, and environment

39. Receive a presentation from General Services Agency and the Rotary Club of Visalia regarding a potential Rotary Grant Application for

improvements at Potters Field. Authorize the Chairman to sign a letter of participation in support of the project.
Tagged Passions:grant and services

40. Request from the General Services Agency to create the Art Selection Committee in accordance with the County Public Art Policy. Appoint two Board

members to serve on the Art Selection Committee.
Tagged Passions:appointments, arts, services, policy, and selection

41. Request from the General Services Agency to direct staff to apply for grant funding through the San Joaquin Valley Air Pollution Control District

for electric vehicle charging stations at the Tulare Akers Professional Center located at 5300 W. Tulare Ave. in Visalia.
Tagged Passions:funding, grant, services, electric, and Electric Vehicles

42. Request from the Fire Department to introduce and waive the first reading of an ordinance amending Chapter 11 of Part IV of the Ordinance Code of

Tulare County, pertaining to abatement of fire hazardous weeds and rubbish nuisances. Set the second hearing for July 23, 2019. Direct the Clerk to publish a summary of the ordinance before the second reading as required by law.
Tagged Passions:ordinance, fire departments and districts, abatement, and hearing

43. Request from Board of Supervisors' staff to consider, modify as needed, and approve the responses to the 2018/2019 Tulare County Grand Jury Final

Report entitled, Water, Water, Everywhere, Not a Drop to Drink. quot;
Tagged Passions:utility, Utility, water, Jury, and jury

44. Request from the Board of Supervisors' staff to consider, modify as needed, and approve the responses to the 2018/2019 Tulare County Grand Jury

Final Report entitled: Elder Abuse: Everyones Business.
Tagged Passions:business, seniors, Jury, and jury

45. Request from Board of Supervisors' staff to select and approve the official design of the Tulare County Flag. Approve the Tulare County Flag

Policy.
Tagged Passions:policy

46. Request from the County Administrative Office to amend the Personnel Class Specifications, Class Designations, and Compensation Changes subject

to meet and confer. Amend the Position Allocation List reflecting amends, reclassifications, and retitles subject to meet and confer. Approve a salary increase for the position of TCAG Executive Director, effective July 7, 2019, in the amount of 3,229 from a total annual salary of 161,471 to 164,700, and the same standard benefits provided to Bargaining Unit 10 employees.
Tagged Passions:compensation and personnel

BOARD MEMBER REQUESTS

47. 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)).

Tagged Passions:business

(Closed Session)

CLOSED SESSION

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 closed session will be made in accordance with Government Code section 54957.1.
Tagged Passions:legal

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

Tagged Passions:legal

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

Tagged Passions:legal

Number of Potential Cases: 1

Please see todays agenda item regarding the proposed fee adjustment for Tulare County Health Human Services Agency.

Tagged Passions:health and services

ITEM B

CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION

Tagged Passions:legal

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

Tagged Passions:legal

Number of Potential Cases: 1

Please see todays agenda item regarding the Public Hearing to amend portions of the Countys General Plan and Zoning ordinance in order to update the

Ivanhoe Community Plan and establish the Plainview and Woodville Community Plans.
Tagged Passions:ordinance, zoning, and hearing

ITEM C

CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION

Tagged Passions:legal

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

Tagged Passions:legal

Number of Potential Cases: 1

Please see todays agenda item regarding the Amendment of Biosolid Ordinances and Approval of Biosolid Management Permit Regulations.

Tagged Passions:regulation and ordinance

ITEM D

CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION

Tagged Passions:legal

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

Tagged Passions:legal

Number of Potential Cases: 1

Please see todays agenda item regarding amendments to the Fire Hazard Nuisance Abatement Ordinances.

Tagged Passions:ordinance and abatement

ITEM E

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Tagged Passions:legal

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

Name of Case: Sierra Club et al. v. County of Tulare et al.

Tulare County Superior Court Case No. VCU272380

Tagged Passions:legal and court

ITEM F

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Tagged Passions:legal

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

Name of Case: Lynette Encarnacion v. County of Tulare

Workers Compensation Appeals Board Nos.: ADJ3329123, ADJ3846136, ADJ1010819

Tagged Passions:compensation

ITEM G

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.


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