MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY –  

Chairman

District Four

 

MIKE ENNIS – Vice Chairman

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS

AND TULARE COUNTY IN-HOME SUPPORTIVE SERVICES

 

May 19, 2015

 

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

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)

 

1.             Board of Supervisors matters.

2.             Recognition of Tulare County Employees who have been selected by their respective departments to be honored in the Employee Recognition Program.  Announce and select the Tulare County Employee of the Year for 2014.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from the Agricultural Commissioner/Sealer to approve the proposed fee changes to the Livestock Scales Certification, effective July 1, 2015.

5.            PUBLIC HEARING:  Request from Resource Management Agency to approve the proposed fees for the Tulare County Resource Management Agency, effective July 19, 2015.

 

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 52)

 

 

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.

 

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

6.            Authorize the sale, at internet auction, of tax-defaulted properties, subject to the Power to Sell according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code to begin on August 6, 2015 through August 10, 2015, ending time to be staggered every 15 minutes starting at 10:00 a.m. on August 10, 2015.  Re-offer any parcel starting November 5, 2015 through November 9, 2015, that does not sell at the end of the August 2015 Auction at a lower minimum bid amount [§ 3698.5(c)].  Authorize a $5,000 refundable deposit for unsuccessful bidders during registration [§ 3692(e)].

7.            Authorize the Treasurer to transfer to the General fund, pursuant to Government Code 50050, 50053, and 50055, unclaimed funds currently in the Auditor-Property Tax, Probation, Sheriff, and Tax Collector special fund accounts.

Board of Supervisors

8.            Ratify the following Proclamations:  In honor of Jack Schwartz; In honor of Relay for Life Dinuba; and Honoring the life of Joanna Wright Jones.

9.            Appoint Dolores R. Garcia, Trustee to the Porterville Public Cemetery District for a term ending January 4, 2016.

10.         Reappoint Paul Boyer, District 1 to the Tulare County Water Commission for a term ending April 30, 2017.

11.         Appoint Melvin Dean Hunt III, Industry/Agricultural-Alternate to the San Joaquin Valley Unified Air Pollution Control District Citizens Advisory Committee for a term ending January 31, 2018.

12.         Appoint John Crivello, Fire Agency-City #21 to the Emergency Medical Care Committee to serve at the Pleasure of the Board.

County Administrative Office/General Services

13.         Ratify actions by the County Administrative Officer during the month of April 2015 including executing two agreements retroactive to January and March 2015.  Find that the activities funded pursuant to the good works funding agreements are necessary to meet the social needs of the residents of Tulare County.

14.         Approve sending a letter of opposition to Assembly Bill 243 (Wood) which would establish a new permitting process for marijuana cultivation.

15.         Approve an amendment to Agreement No. 26817 with ARCADIS U.S., Inc. to increase the agreement amount by $69,180 from $513,805 to $582,985 for remediation oversight of the Harmon Field Low Temperature Thermal Desorption Soil Remediation Project at 1494 South Airport Road, Pixley, CA.  Authorize the Chairman to sign the agreement amendment, subject to review and approval as to form by County Counsel.

16.         Approve the bid documents for the Balch Park Restroom Project.  Authorize the advertisement of bids for the subject project and set the bid opening for the project at 2:00 p.m. on Thursday, June 18, 2015.

17.         Approve the bid documents for the Government Plaza Generator Installation Project.  Authorize the advertisement of bids for the subject project and set the bid opening for the project at 2:00 p.m. on Thursday, June 25, 2015.

18.         Accept the Civic Center Generator Installation Project at 221 S Mooney Blvd., Visalia, as a completed project.  Approve an amendment to Agreement No. 26816 with A-C Electric Company by increasing the contract amount by $24,916 and increasing the days of construction by 40 calendar days.  Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion and agreement, subject to review and approval as to form by County Counsel.  Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the subject project with the office of the Tulare County Recorder.

19.         Approve a Lease Agreement with Dolores Fitterer and Duane J. Fitterer, trustees of the Klein-Fitterer Trust, for land, containing 2 acres more or less, for a radio repeater site located within Assessor's Parcel Number 344-110-004, for a 10 year term with monthly rent in the amount of $100, retroactive to November 1, 2014.  Find that the Board had authority to enter into the proposed agreement as of November 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

20.         Approve an agreement with the California Department of Parks and Recreation, Division of Boating and Waterways in amount not to exceed $256,932 for the Boating and Safety and Enforcement Program for the period of July 1, 2015 to June 30, 2016.  Authorize the County Administrative Officer, or his authorized designee, to submit claims for reimbursement.

21.         Approve a Temporary Right of Entry Agreement with Southern California Gas Company for property located at the Southeast and Southwest corners of Olive Avenue and Hamlin Way in Tipton for a term of 6 months.

22.         Approve an agreement for sale of real property to Paul Nunes and Alicia Nunes for two adjacent parcels totaling 37.51 acres near the northwest corner of Avenue 170 and Road 28 whose Assessor’s Parcel Numbers are 200-020-002 and 200-020-003 for a price of $281,325.  Authorize the Chairman to sign the agreement for sale of real property and the Grant Deed.  Authorize the County Administrative Officer, or his designee, to open escrow and sign all documents to facilitate this sale of property.

23.         Approve applying for Integrated Regional Water Management Plan Implementation Round 3 funding through the Upper Kings Basin Integrated Regional Water Management Authority for Phase One of the Regional Water Conservation and Metering Project for the communities of East Orosi and Sultana in the amount of $785,000.  Authorize the Chairman of the Board to sign the 2015 IRWM Implementation Grant Pre-Application Acknowledgement Form.

District Attorney

24.         Accept grant funding in the amount of $69,058 from the California Governor’s Office of Emergency Services to implement the Human Trafficking Advocacy Program for Federal Fiscal Year 2014/2015. Approve the Personnel Resolution amending the Fiscal Year 2014/15 position allocations of the District Attorney’s office to add one Victim Witness Worker II, effective May 17, 2015.  Approve the necessary budget adjustments (4/5ths vote required).

25.         Approve an agreement with the State of California, Victim Compensation and Government Claims Board in the amount of $494,112 to provide funding for the Victim Witness Assistance Program for the period of July 1, 2015 through June 30, 2018.  Authorize the Chairman to sign form CCC-307 (Contractor Certification Clauses).

Health & Human Services Agency

26.         Adopt a resolution proclaiming May 2015 as “National Foster Care Month” in Tulare County.

27.         Authorization to apply for $24,263 in California Department of Resources Recycling and Recovery (CalRecycle) LEA EA26 funds. Authorize the Chairman of the Board to execute in the name of Tulare County all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment necessary to secure grant funds and implement the approved grant project.

28.         Approve an amendment to Agreement No. 26628 with Parenting Network, Inc. to increase the maximum amount of the agreement from $113,447 to $128,352 for delivery of Differential Response to at-risk families, retroactive from April 1, 2015 through June 30, 2015. Find that the Board had authority to enter into the proposed amendment as of April 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

29.         Approve an amendment to Agreement No. 26624 with Aspiranet to increase the maximum amount of the agreement from $110,000 to $119,250 for delivery of Pre and Post Adoption services, retroactive to April 1, 2015 through June 30, 2015. Find that the Board had authority to approve the amendment as of April 1, 2015, and that it was in the County’s best interest to approve the amendment as of that date.

30.         Approve an agreement with the County of Los Angeles as the host for the Low Income Health Program that is part of California's "Bridge to Health Care Reform" in the amount of $100,000, retroactive to July 1, 2014 through March 31, 2016. Find that the Board had the 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.

31.         Approve an agreement with the California State Department of Health Care Services for the annual performance contract from July 1, 2015 through June 30, 2016.

32.         Approve an agreement with Intuitive Health Services, Inc. for the provision of adult, adolescent, and child psychiatric services in Tulare County Mental Health Clinics in an amount not to exceed $400,000 ($100,000 in Fiscal year 2014/2015 and $300,000 in Fiscal Year 2015/2016), retroactive to April 1, 2015 through June 30, 2016. Find that the Board had authority to approve the agreement as of April 1, 2015, and that it was in the County’s best interest to approve the agreement as of that date.

33.         Approve an agreement with Crestwood Behavioral Health, Inc.- PATCH Services in an amount not to exceed $285,000 for the provision of Day Treatment Services from July 1, 2015 through June 30, 2016. 

34.         Approve an agreement with Crestwood Behavioral Health, Inc. - BASIC Services in an amount not to exceed $1,160,000 to provide a comprehensive and balanced range of mental health services from July 1, 2015 through June 30, 2016.

35.         Approve an agreement with Helios Healthcare, LLC in an amount not to exceed $100,000 for the provision of acute psychiatric inpatient services for Medi-Cal beneficiaries from July 1, 2015 through June 30, 2016.

Human Resources & Development

36.         Approve Salary Increases, Other Compensation Changes, and Personnel Rule Amendments for Unrepresented Employees, County Elected Officials, and the Board of Supervisors.

37.         Approve the proposed Memorandum of Understanding with the Professional Law Enforcement Managers Association, Bargaining Unit 14.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

In-Home Supportive Services

38.         Approve Memorandum of Understanding between the Tulare County In-Home Support Services Public Authority and the California United Homecare Workers Union in accordance with a tentative agreement signed by the parties on March 18, 2015.  Find that the Tulare County IHSS Public Authority had authority to enter into the proposed agreement commencing April 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

ADJOURN AS THE TULARE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

Library

39.         Authorize the Tulare County Library to apply for $3,500 from the California State Library, Library Services and Technology Act as part of the State Library Pitch an Idea Grant entitled “Rural Connectivity”.  Authorize the Chairman of the Board, or designee, to execute all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment necessary to secure grant funds and implement the approved grant project.

Probation

40.         Approve an amendment to Agreement No. 21656 with the City of Dinuba in the amount of $14,556 to extend the term of the agreement to June 30, 2016 for the Non-custody Intake Program.

Resource Management Agency

41.         Authorize submittal of eight (8) program applications, with refinements as necessary to the California Department of Transportation Active Transportation Program in the amount of $12,248,300.  Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to these applications. Authorize the Chairman of the Board to execute, in the name of the County of Tulare, the Funds Transfer Agreements, any amendments thereto, and any and all other documents or instruments necessary or required by Caltrans for participation in the grant program, subject to County Counsel approval as to form.  Authorize and direct the Resource Management Agency Director, or designee, to submit Funds Requests and other program-supporting documentation.

42.         Approve and award the contract to the lowest responsive and responsible bidder, Agee Construction Corporation of Clovis, California in the amount of 1,982,501.50 for construction of the Asphalt Concrete Overlay Projects at the following locations:  1) Avenue 56 from SR43 to Road 96;  2) Avenue 256 from Road 180 to Road 188;  3) Monson Drive from Avenue 384 to Road 104;  4) D238 from Avenue 124 to Teapot Dome Avenue; and 5) Success Drive from Park to Conner Street.  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.  Allow funds for contingencies in the amount of $198,250 (10%) to cover unexpected construction conditions and funds in the amount of $30,000 to cover construction engineering.

43.         Adopt the Revision of Mileage of Maintained County Roads identifying that Tulare County maintained mileage is 3,034.5 miles as of December 31, 2014.  Direct the Clerk of the Board of Supervisors to return to the Resource Management Agency a certified copy of the resolution to be filed with the State of California Department of Transportation.

44.         Approve the route modification to the “Hungry Buzzard Century” bike ride.  Approve the Annual “Mountain House Metric Century” bike ride to be held each year.  Approve the Annual “Hungry Buzzard Century” and “Mountain House Metric Century” bike rides to be an on-going events for future years until such time as conditions of the event and/or the location change, and subject to timely submittal of a complete application for each annual event.

45.         Approve the award of Consultant Contract for preparation of Complete Streets Policies for the Ducor, Strathmore, Earlimart, Tipton, Cutler and Orosi Community Planning Areas to Omni-Means, Ltd, Inc. in the amount of $94,950.

46.         FOR INFORMATION ONLY:  Bid opening results for the Road 2224 Bridge Over Deer Creek project. 

Contractor

Proposed

Calculated

American Paving Company

 $   2,917,037.76

 $     2,917,037.76

RNR Construction

 $   2,934,555.00

 $     2,936,955.00

MCM Construction

 $   3,198,519.24

 $     3,198,519.24

Myers and Sons Construction

 $   3,273,875.05

 $     3,233,125.05

Viking Construction

 $   3,493,917.70

 $     3,493,917.70

Dawson Mauldin Construction

 $   3,582,308.00

 $     3,582,380.54

 

 

 

Engineers Estimate

 

 $     3,244,485.85

 

Sheriff/Coroner

47.         Approve a capital asset purchase for a custom-built trailer in an amount not to exceed $7,500.  Approve a down payment of $3,000 to be made to Kesting Welding.  Authorize the necessary budget adjustments (4/5ths vote required).

48.         Approve a Personnel Resolution to increase the position allocation of the Sheriff’s Department by adding one (1) Crime Systems Specialist position for the Closing the Circle to Reduce Crime and Delinquency Program, retroactive to March 1, 2015.  Find that the Board had authority to add the position as of March 1, 2015, and that it was in the County’s best interest to add the position as of that date.

49.         Approve a Memorandum of Understanding with Tulare County Agencies Regional Gang Enforcement Team for a Multi-Agency Task Force for gang suppression, retroactive to January 1, 2015 through June 30, 2016.  Find that the Board had the authority to enter into the proposed Memorandum of Understanding as of January 1, 2015, and that it was in the County’s best interest to enter into the Memorandum of Understanding on that date.

Solid Waste

50.         Rescind Resolution No. 2005-0459 in the matter of regularly scheduled cleanup weeks throughout the county, additional cleanup dates, and various half price rates.  Approve an annually scheduled “Spring Cleanup Week” for valley residents during the third full week of every April, and for the mountain residents during the third full week of every May.  Approve an annually scheduled “Fall Cleanup Week” for valley residents during the third full week of every October, and for the mountain residents during the third full week of every September.  Approve half priced tipping fees, rounded to the nearest dollar, for approved cleanup events, excluding tires, refrigerators, construction & demolition debris, and mattresses, resulting from cleanup activities during normal operating hours.  Authorize the Solid Waste Director, or his designee, to approve additional community cleanup events as needed.

51.         Approve a Disposal Agreement with the City of Visalia effective July 1, 2015 through June 30, 2018, to provide a more predictable Enterprise Fund revenue stream. 

Workforce Investment Board

52.         Authorize the Step Up #LEAD Summer Youth Program to be funded for $100,000 on July 1, 2015.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

53.         Request from the Auditor-Controller/Treasurer-Tax Collector to approve the Personnel Resolution deleting one (1) Payroll Clerk, position number 09968, job code 087020, and adding one (1) Payroll Technician, job code 034200, effective pay period 13, May 31st 2015.

54.         Request from Health and Human Services Agency to approve a Personnel Resolution to increase the position allocation of the Environmental Health Services Division by adding four (4) Environmental Health Specialist I/II positions, effective July 1, 2015.

55.         Request from the Resource Management Agency to approve the Personnel Resolution as follows:  move one (1) Account Clerk position from the Administration Branch to the Public Works Branch - Transit Division;  move one (1) Staff Services Analyst III from the Public Works Branch - Roads Division to the Administration Branch; move one (1) Grants Specialist position from the Planning Branch - Grants Division to the Public Works - Roads Division; move one (1) Office Assistant III position from the Administration Branch to the Public Works Branch - Roads Division; move one (1) Accountant III position from the Administration Branch to the Public Works Branch - Roads Division; move two (2) Accountant I/II positions from the Administration Branch to the Public Works Branch - Roads Division; delete one (1) Principal Account Clerk position; delete one (1) Systems & Procedures Analyst II position; and delete one (1) Human Resources Manager - RMA position.  Approve the moves and deletions effective with the 2015/2016 Fiscal Year.  Approve the deletions and moves pending meet and confer of impacts with appropriate unions. 

56.         Request from the Resource Management Agency to authorize the continuance of the temporary receivership for the Seville Water Company through June 30, 2017, subject to the same terms and conditions enumerated as items 1 through 11 inclusive in the Order Granting Petition for Appointment of Receiver dated June 11, 2009. 

57.         Request from the County Administrative Office to consider, modify as needed, and approve the responses to the Tulare County Grand Jury 2014/15 Final Report regarding the reports entitled: The District Attorney We are your Investigative Arm and Main Jail Inspection.  Authorize the Chairman to sign the response letters.

58.         Request from the County Administrative Office to establish the Tulare County Parks Advisory Committee.  Approve the By-laws of the Tulare County Parks Advisory Committee.  Direct the Clerk of the Board to post the list of vacancies in accordance with the Maddy Act (Government Code Section 54972 et seq).

59.         Request from the County Administrative Office to receive input and provide direction regarding the draft State legislative platform for 2015/16 and select priority issues for the annual State advocacy trip.

60.         Request from the County Administrative Office to receive input and provide direction regarding the draft Medical Marijuana Policy Principles.

 (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 the closed session will be made in accordance with Government Code sections 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

Fee Adjustments to Planning and Development Fee Schedule, see Board of Supervisors Agenda May 19, 2015 

 

ITEM B 

 

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation 

[Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

Public Hearing to consider changes to the fee schedule of the Tulare County Agricultural Commissioner/Sealer, see Board of Supervisors Agenda May 19, 2015 

 

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 REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Descriptions:  5300 W. Tulare, Visalia CA

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Weingart Foundation

Under Negotiation:   Price and Terms of Payment

 

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation 

[Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

 

ITEM F

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

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

Number of Potential Cases: 10

 

 

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designation Representative: Rhonda Sjostrom, Jean M. Rousseau

Employees Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees