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

 

September 1, 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.             Present Proclamation honoring Nestle Waters for its generous donation of bottled drinking water to the County of Tulare for distribution to residents suffering from the affects of the drought.

3.             Presentation on the 2015 Summer Night Lights Program.

4.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.            PUBLIC HEARING:  Request from Health and Human Services Agency to adopt fee increases for the Health & Human Services Agency, Environmental Health Services Division, effective upon approval by the Board of Supervisors.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 34)

 

 

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.

 

Board of Supervisors

6.            Establish the Step Up Committee as an official County committee.  Direct the Board of Supervisors’ representative on the Step Up Committee to designate a member of County staff to serve as Program Administrator of the Committee.  Appoint Phil Cox as the Board of Supervisors’ representative on the Step Up Committee.  Approve the Bylaws of the Step Up Committee.  Direct the Clerk to post vacancies on the Step Up Committee pursuant to the Maddy Act.

7.            Appoint Julie Berk, Superintendent of Schools/Designee to the First 5 of Tulare County for a term ending at the pleasure of the board.

8.            Appoint Darlene Prettyman, Seat 16 - Family Member to the Mental Health Board for a term ending December 31, 2017.

County Administrative Office/General Services

9.            Ratify actions by the County Administrative Officer during the month of July 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.

10.         Reaffirmed that the lack of water supply for East Porterville declared by the Board of Supervisors on June 30, 2015 is a continuing emergency.

11.         Approve an agreement with Reax Engineering to provide third party review of the smoke control design in support of the South County Detention Facility in an amount not to exceed $5,940, retroactive to June 11, 2015.  Find that the Board had authority to enter into the proposed agreement as of June 11, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Health & Human Services Agency

12.         Authorize the submittal of an application in the amount of $542,933 to the Governor’s Office of Emergency Services (CalOES) for the Fiscal Year 2015 State Homeland Security Grant.

13.         Approve an amendment to Agreement No. 26410 with Central Valley Recovery Services, Inc. to update Exhibit A - Scope of Services and Exhibit B & B1 - Compensation for the provision of substance abuse residential and outpatient services, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had the authority to enter into the proposed amendment as of July 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

14.         Approve a Memorandum of Understanding between the Tulare County Health & Human Services Agency, Child Welfare Services Division and the California State University, Bakersfield to arrange field placement of Title IV-E students as interns in the social work field, effective upon signature through August 1, 2020.

15.         Approve a Memorandum of Understanding between the Tulare County Health & Human Services Agency, Child Welfare Services Division and the Cutler-Orosi Joint Unified School District to coordinate services and improve communication with children in foster care, effective upon signature through June 30, 2018.

16.         Approve an agreement with Kings View Corporation for the South County One-Stop Center in an amount not to exceed $700,000 to provide mental health services, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

17.         Approve an agreement with Kings View Corporation for the South County Mobile Unit in an amount not to exceed $850,000 to provide mental health services, retroactive from July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

18.         Approve a Memorandum of Understanding between the Tulare County Health & Human Services Agency, Child Welfare Services Division and the Tulare County Superintendent of Schools to coordinate services and improve communication with children in foster care, effective upon signature through June 30, 2018.

19.         Approve an agreement with Victor Treatment Centers, Inc. in an amount not to exceed $110,000 for the provision of intensive mental health services to Tulare County minors, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date. 

20.         Approve an agreement with Community Services and Employment Training, Inc. (CSET) for the Youth Transitions Program in an amount not to exceed $758,325, effective October 1, 2015 through September 30, 2016.

21.         Approve an agreement with Kings View Corporation for the Tulare County Warm Line Program in an amount not to exceed $234,108, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Information & Communications Technology

22.         Approve the renewal of license and support with Catalogic Software in an amount not to exceed $185,955 to provide license and support for the period of September 28, 2015 through September 27, 2016.

Resource Management Agency

23.         Approve the Pipeline Development Agreement with Alta Irrigation District for pipeline and facility relocation.  Approve Joint Escrow Instructions with Alta Irrigation District and authorize the Chairman to sign letter to Fresno Escrow Corporation containing said instructions. Approve the deposit of $2,096,026 plus escrow fees into an escrow account at Fresno Escrow Corporation under the terms of the Pipeline Development Agreement and Joint Escrow Instructions.

24.         Approve an agreement with Bender Rosenthal, Inc. in the amount of $220,200 to provide right of way services for the Avenue 280 Road Widening Segment 1 Project.  Authorize the Chairman to sign the agreement, and subsequent amendments thereto, subject to review and approval as to form by County Counsel.

25.         Approve an agreement with Resource Management Agency GeoScience in the amount of $98,445 to provide material testing and inspection services for construction of the Road 224 Bridge over Deer Creek Project.  Authorize the Chairman to sign the agreement, and subsequent amendments thereto, subject to review and approval as to form by County Counsel.

26.         Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Tooleville Sidewalk Improvement Project.  Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk.  Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the Tooleville Sidewalk Improvement Project subject to review and approval as to form by County Counsel.  Authorize the Chairman of the Board of Supervisors to sign the Plans.  Approve the advertisement for bids of the Tooleville Sidewalk Improvement Project.

27.         Approve and award the contract to the lowest responsive and responsible bidder, MCM Construction, Inc. of North Highlands, California in the amount of $2,809,144 for construction of the Road 224 Bridge over Deer Creek Project.  Authorize the Chairman to sign the contract, subject to 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 $281,000 (10%) to cover unexpected construction conditions.

28.         Approve and award the contract to the lowest responsive and responsible bidder, Papich Construction Company, Inc. of Grover Beach, California in the amount of $939,999.99 for construction of the Asphalt Concrete Overlay Projects at the following locations:  1) Road 200 from Avenue 0 to Avenue 8; 2) Road 184 from Avenue 136 to State Route 190; 3) Diagonal 208B from Avenue 160 to Road 208; 4) Road 148 from Avenue 280 to Avenue 288; and 5) Avenue 432 from State Route 63 to Road 136.  Authorize the Chairman to sign the contract, subject to 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 $94,000 (10%) to cover unexpected construction conditions and funds in the amount of $30,000 to cover construction engineering.

29.         Approve Program Supplement Agreement No. N087 in the amount of $379,000 with the California Department of Transportation for construction of the Tooleville sidewalk improvements on Road 204.

30.         Approve the Final Map for Subdivision Tract No. 807 located on the north side of Avenue 393 west of Road 34, southeast of the City of Kingsburg.

31.         FOR INFORMATION ONLY:  Bid opening results for the Road 148 Bridge Replacement over Outside Creek.

Contractor

Bid Amount

RNR Construction Inc.

$618,882.00

Dawson Mauldin Construction

$654,310.82

Lee's Paving Inc.

$665,944.15

Floyd Johnston Inc.

$671,698.20

American Paving Co.

$678,131.32

Whitaker Construction

$683,262.00

Emmet's Excavation

$737,455.00

MCM Co. Inc.

$774,347.00

Engineer's Estimate

$643,892.50

 

 

Retirement

32.         Approve the model regulation pertaining to IRC Section 415 – limits on benefit amounts payable to retired TCERA members.  Approve the model regulation pertaining to IRC Section 401(a) – post-retirement return to work restrictions.  Approve the model regulation pertaining to IRC Section 401(a)(17) – limits salary amounts that can be counted towards final average compensation for pension purposes.  Approve the model regulation pertaining to IRC Section 401(a)(9) – places benefit payment starting requirements on qualified pension plans.  Approve the model regulation pertaining to “Rollover” provisions requiring that TCERA includes proper information and notifies terminated member of their rollover options and rights.  Approve the model regulation pertaining to adoption of a “Normal Retirement Age” for TCERA’s different membership types (General and Safety).

Sheriff/Coroner

33.         Approve an amendment to Agreement No. 26738 with Los Angeles County to adjust the rates for Fiscal Year 2015/2016 to provide intrastate prisoner transportation.  Find that the Board had authority to enter into the agreement as of July 1, 2015, 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.26196 with Cutler-Orosi Unified School District to extend the term of the agreement to June 30, 2016 in the amount of $102,363 for providing a School Resource Officer on district campuses.  Find that the Board had the authority to enter into the proposed amendment as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

35.         Presentation given by Matt Cate, CSAC Executive Director regarding an update on the California State Association of Counties.

36.         Request from the Auditor-Controller to approve the rate of taxation of the State and County for Fiscal Year 2015/16 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assessed valuation (Article XIII California Constitution).  Approve the tax rates as shown on Schedule A and direct that they be levied and be collected upon each $100 valuation of the taxable property of the unitary and operating non-unitary property of the County of Tulare, State of California, as computed pursuant to the provision of law (Revenue and Taxation Code Section 100).  Approve the tax rates as shown on Schedule B and direct that they be levied and be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount to pay the principal and interest on the bonds and for special purposes of said school districts (Revenue and Taxation Code Section 93).  Approve the Special District Tax Rates as shown on Schedule C and direct that they be levied and be collected upon each $100 valuation of the taxable property of the various districts included on the schedule of Special Districts (Revenue and Taxation Code Section 93).  Approve and accept the Statement of the Valuation of the Property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector and filed with this Board [Government Code 25254(a)].

37.         Approve sending a letter of support for AB 935 which defines two water conveyance projects in the San Joaquin Valley for potential funding.

38.         Presentation given by the Tulare County Association of Governments (TCAG) regarding a report on the Tulare County Regional Transportation Impact Fee.

39.         Presentation given by the County Administrative Office regarding an update on the Sustainable Groundwater Management Act. Provide direction to staff in regards to the Implementation of the Act.

 (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.

 

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

Request from Health and Human Services Agency to adopt fee increases for Tulare County Health & Human Services Agency Environmental Health Services Division. See Board of Supervisors Agenda for September 1, 2015

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Fagundes/Walker vs. County of Tulare

Tulare County Superior Court No. 261819

ITEM C

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees.