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,

THE TERRA BELLA SEWER MAINTENANCE DISTRICT, AND

TULARE COUNTY FLOOD CONTROL DISTRICT

 

September 15, 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.             Public Comments.

 

 

10:00 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.            PUBLIC HEARING:  Budget Hearings

Introduction and Overview

 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

Enterprise Fund

Terra Bella Sewer Maintenance District

1.      Adopt the FY 2015/16 Final Budget for the Terra Bella Sewer Maintenance District as modified during the hearings; and

2.      Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2015/16 Budget into final balance.

 

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

Special District

Tulare County Flood Control District

1.      Adopt the FY 2015/16 Final Budget for the Tulare County Flood Control District as modified during the hearings; and

2.      Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2015/16 Budget into final balance.

 

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

Enterprise and Assessment District Funds-Consent Budgets, County Service Areas #1 & #2 Zones of Benefit-Consent Budgets, Special Districts, Internal Service Funds-Consent Budgets, Operating Funds-Consent Budgets, and General Fund-Consent Budgets

1.                Adopted the FY 2015/16 Final Budgets for all funds and activities as modified during the hearings for the Enterprise and Assessment District Funds, County Service Areas #1 and #2, Special Districts, Internal Service Funds, Operating Funds, and the General Fund;

2.                Amended the Personnel Class Specifications, Class Designations, and Compensation Changes subject to meet and confer;

3.                Amended the Position Allocation List reflecting adds, deletes, amends, and reclassifications subject to meet and confer;

4.                Approved a 2% cost of living increase for County elected officials consistent with the May 19, 2015, Resolution 2015-0340 action;

5.                Approved the Board of Supervisors cost of living increase of 2% consistent with the May 19, 2015, Resolution 2015-0340 action, and pursuant to County ordinance No. 3444; and

6.                Authorized the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2015/16 Budget into final balance.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 42)

 

 

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.

 

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

4.            Consent to conducting the Richgrove Community Services District Governing Board Member Election and any other election which may be held within the jurisdiction of said District on Tuesday, November 3, 2015.  Authorize the Election Official to perform all necessary and required services relating to conducting the Richgrove Community Services District Governing Board Member Election.  Consent to the conducting of this election and the procedures to be used while conducting this election, and that the District shall adhere to the provisions set forth in Section 10400 the Elections Code.  Agree that this individual District shall reimburse the County in full for the services performed in connection with this election, upon presentation of a bill from the Election Official to the District.  Agree that the Election Official will prepare a certified statement of the results of the election and submit it to the District’s governing body within 30 days of the election.

Board of Supervisors

5.            Reappoint George Ouzounian, District 3 and Matthew D. Graham, District 2 to the Assessment Appeals Board for terms ending September 7, 2018.

6.            Appoint Gale Kuns, District 3 to the Public Facilities Corporation for a term ending July 1, 2019.

7.            Ratify Proclamation recognizing August 27-28, 2015 as "Strengthening the Roots" Days in Tulare County.

County Administrative Office/General Services

8.            Determine that the failure of three County wells located at the Bob Wiley Detention Facility and Mooney Grove Park originally taken to the Board of Supervisors on June 2, 2015 is a continuing emergency (4/5ths vote required).

9.            Direct the Auditor to draw a warrant in the amount of $5,500 in favor of First American Title Company for the Yvonne Hanson property right of way acquisition.  Direct the Auditor to draw a warrant in the amount of $8,200 in favor of First American Title Company for the Terashi, Dexter, and Diana Ibarra property right of way acquisition.

10.         Approve an agreement for Purchase of Fee Title and a Temporary Construction Easement from David and Lydia Bergen for the Avenue 416 Road Widening Project in the amount of $60,000.  Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation.  Authorize the Property Manager, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $61,135 in favor of First American Title Company or the County’s designated Title Company.

11.         Approve an agreement for Purchase of Fee Title and a Temporary Construction Easement from Kings View Ranches L.P., Paul Michael Jensen and Joan Marie Jensen for the Avenue 416 Road Widening Project in the amount of $110,750.  Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation.  Authorize the Property Manager, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $112,346 in favor of First American Title Company or the County’s designated Title Company.

Fire Department

12.         Accept funding from the Central California Emergency Medical Services Agency for liquidated damages in the amount of $18,855.84.  Declare that the funds received shall only be used for Fire Department expenditures related to emergency medical services.  Approve the necessary budget adjustments (4/5ths vote required).

13.         Approve a grant award agreement with the California Department of Forestry and Fire Protection for the Volunteer Fire Assistance Grant in the amount of $20,000.

Health & Human Services Agency

14.         Approve the temporary modification of the hours that the Animal Services Division is open to the public to Monday through Saturday, 10:00 a.m. to 4:00 p.m. beginning September 19, 2015 and concluding following the completion of construction at the shelter.

15.         Approve a Memorandum of Understanding (MOU) with the California Ventura Automated Collection System Association in an amount not to exceed $13,727.92 for Tulare County’s participation in the Joint Enhancement Committee, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into this MOU as of July 1, 2015, and that it was in the County’s best interest to enter into the MOU on that date.

16.         Approve an agreement with the Financial Credit Network, Inc. to provide collection services for Tulare County Health and Human Services Agency, retroactive to July 1, 2015 through June 30, 2017.  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 Proteus, Inc. in the amount of $1,068,740 to provide comprehensive job services to clients of TulareWORKs, effective October 1, 2015 through September 30, 2016. 

18.         Approve an agreement with Tulare County Superintendent of Schools- Services for Education and Employment (SEE and Company) in the amount of $522,500 to provide comprehensive job services to clients of TulareWORKs, effective October 1, 2015 through September 30, 2016.

19.         Approve an agreement with Community Services and Employment Training, Inc. in an amount not to exceed $1,576,274 to provide comprehensive job services to clients of TulareWORKs, effective October 1, 2015 through September 30, 2016.

20.         Approve an agreement with the California Department of Public Health to accept funding in the amount of $825,000 for California’s Personal Responsibility and Education Program, retroactive to July 1, 2015 through June 30, 2018. 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.

21.         Approve an agreement with the California Department of Public Health, Immunization Branch to accept funding in the amount of $307,588 to renew the provision for an Immunization Program in Tulare County, retroactive to July 1, 2015 through June 30, 2017.  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.

22.         Approve an agreement with the California Department of Public Health’s Women, Infants, and Children Program in an amount not to exceed $20,008,033, effective October 1, 2015 through September 30, 2019.

Human Resources & Development

23.         Approve an agreement with the San Joaquin Valley Insurance Authority (SJVIA) for the purpose of participating in the SJVIA health insurance programs (Anthem Blue Cross and Kaiser), pharmacy program (US Script), dental insurance (Delta Dental) and vision insurance (VSP) for eligible employees and retirees, retroactive to January 1, 2015 through December 31, 2015.  Find that the Board had authority to enter into the proposed agreement as of January 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

24.         Approve the recommendations of the Human Resources & Development Department and the Health Plan Advisory Group to:  Renew the Anthem Blue Cross PPO and HMO plan offerings provided by the San Joaquin Valley Insurance Authority (SJVIA) with a PPO rate increase of 4.9% and HMO increase of 11.71%; Renew the Kaiser Permanente plans with increase of 7.75%;  Renew the Delta Dental PPO plan with a decrease of 4.11% and the Delta Dental DHMO plan with a 5.38% increase in the dental plan rates; and Renew the Vision Services Plan at a 0% increase with the same Tulare County plan options as 2015.

25.         Approve the recommendation of Human Resources & Development and the Health Plan Advisory Group to renew with Anthem Employee Assistance Program through December 31, 2016.

26.         Approved the renewal rates with Standard Insurance for Tulare County employee Life, Accidental Death and Dismemberment (AD&D) and Long-Term Disability (LTD) insurance through December 31, 2016.

Information & Communications Technology

27.         Approve the annual renewal of license and maintenance with Datalink in an amount not to exceed $154,338 to provide license and maintenance support for Cisco Smartnet for VoIP phones used by County of Tulare employees, retroactive to September 1, 2015 through August 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of September 1, 2015, and it was in the County’s best interest to enter into the agreement on that date.

28.         Approve the annual renewal of license and maintenance with Datalink in an amount not to exceed $102,195 to provide license and maintenance support for Cisco Smartnet for VoIP phones used by Health & Human Services Agency employees, retroactive to September 1, 2015 through August 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of September 1, 2015, and it was in the County’s best interest to enter into the agreement on that date.

29.         Approve the annual renewal of license and maintenance with Datalink in an amount not to exceed $134,828 to provide license and maintenance support for Cisco Smartnet for VoIP phones used by Health & Human Services Agency TulareWORKs Division, retroactive to September 1, 2015 through August 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of September 1, 2015, and it was in the County’s best interest to enter into the agreement on that date.

Probation

30.         Agree to accept funding in the amount of $50,000 from the State of California, Board of State and Community Correction’s Recidivism Reduction Fund through Fiscal Year 2017/18.  Agree to collaborate with the Tulare County Community Corrections Partnership to develop a competitive grant program intended to fund community recidivism and crime reduction services.  Authorize the Chairman to sign a notification letter to the California Board of State and Community Corrections, confirming the County’s interest in participating in the Community Recidivism Reduction Grant Program.

31.         Ratify and approve an agreement with the State of California, Board of State and Community Corrections for the Juvenile Accountability Block Grant award in the amount of $23,216 from the State Recidivism Reduction Fund, retroactive to July 1, 2015 through June 30, 2016.  Agree to provide all required matching funds for said project and abide by the statutes and regulations governing the State Grants Program (including General Terms and Condition 610) as well as the terms and conditions of the grant award agreement as set forth by the Board of State and Community Corrections.  Agree that the State grant funds received hereunder shall not be used to supplant expenditures controlled by this body.  Find that the Board had authority to enter into the proposed grant award agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.  Ratify the Chairman’s signature on the grant award agreement.

32.         Approve an amendment to Agreement No. 26647 with the City of Visalia in the amount of $39,554 to extend the term of the agreement to June 30, 2016 for the Non-custody Intake Program, retroactive to July 1, 2015.  Find that the Board had the authority to enter into the proposed amendment to agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the agreements on that date.

33.         Approve an agreement with the City of Lindsay in the amount of $7,265 for the Non-custody Intake Program, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had the 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 agreements on that date.

Resource Management Agency

34.         Approve the “TriTulare Sprint Triathlon, Dualthlon, 5K, Kids Race”, to be held on Saturday, September 19, 2015 from 8:00 a.m. to 11:00 a.m. in and near the City of Tulare.  Approve the Annual “TriTulare Sprint Triathlon, Dualthlon, 5K, Kids Race” to be an on-going event 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.

35.         Approve the designation of a One-Way STOP control at the intersection of Avenue 180 and Road 128, southeast of the City of Tulare. Authorize the installation of a STOP sign on Avenue 180 at the intersection of Road 128 in accordance with the provisions of Section 2B.06 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code.

36.         Authorize a restricted parking zone of approximately 450 feet to prohibit  vehicles over five tons from parking on the north side of Avenue 52 (Washington Avenue) fronting St. Jude’s Catholic Church.  Approve the posting of “No Parking - Vehicles Over 5 Tons” signs for this restricted parking zone on the north side of Avenue 52 (Washington Avenue)  fronting St. Jude’s Catholic Church.

37.         Approve an agreement with Omni-Means, Ltd. in the amount of $371,000 to provide professional engineering 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.

38.         Approve and award the contract to the lowest responsive and responsible bidder, RNR Construction, Inc., of Sacramento, California in the amount of $618,882 for construction of the Road 148 Bridge over Outside Creek 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.  Allow funds for contingencies in the amount of $62,000 (10%) to cover unexpected construction conditions.

39.         Approve the Notice of Exemption based on the General Rule Exemption [14 Cal. Code Regs. Section 15061(b)(3)] pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines for the proposed project (Local Youthful Offenders Rehabilitative Facilities).  Authorize the Environmental Assessment Officer, or designee, of the Tulare County Resource Management Agency (RMA) to execute and file the Notice of Exemption and any other documents associated with the approval of this project with the Tulare County Clerk and any other affected public agency.  Authorize the RMA Director, or designee, to take all necessary and proper action to implement this action of the Board of Supervisors.

40.         Authorize the filing of a Notice of Partial Non-Renewal for the following Land Conservation Contract as provided in the Williamson Act. The request fulfills a condition resulting from the approval of a lot line adjustment map.  Approve the execution of an amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal. 

PNR 15-014 – Williamson Act Contract No. 6428, Ag Preserve No. 1820, located on the south side of Avenue 228, between Road 132 and Road 140, east of Tulare (Laurence E. and Dana M. Fink) (1.51 acre to be non-renewed and 65.68 acres subject to contract amendment as a condition of PLA 15-012). 

 

Sheriff/Coroner

41.         Approve an agreement with the U.S. Department of Justice under the Edward Byrne Memorial Justice Assistance Grant Program for funding in the amount of $44,249 to partially fund two (2) School Resource Officers, retroactive to October 1, 2014, through September 30, 2018.  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.

Workforce Investment Board

42.         Approve an agreement with the State of California Employment Development Department for Workforce Innovation and Opportunity Act Youth programs in the amount of $2,204,620, retroactive to April 1, 2015 through June 30, 2017.  Find that the Board had authority to enter into the proposed agreement as of April 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

43.         Request from Resource Management Agency to approve General Plan Initiation No. 15-003 to allow a county-initiated General Plan Amendment to expand the Urban Development Boundary of the Goshen Community Plan and change the Land Use Designation from Residential to Mixed Use on Assessor’s Parcel Number 075-170-030, located on the southwest corner of Avenue 312 and Road 76, to facilitate construction of a mixed used affordable housing project by Self-Help Enterprises.   

 (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

Contract dispute with the City of Exeter

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: County of Tulare vs. Bank of America, et al. (NATWEST and BAUM)

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 6

Claims filed by Alma M., Maria R., Natasha P., Kari R., Vicky P., and Araceli F.

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  SEIU Local 521 v. County of Tulare 

PERB Charge No. SA-CE-748-M

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  County of Tulare v. SEIU Local 521, PERB UPC No. SA-CO-120-M

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

[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 G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Tulare Pediatric Health Care Center FQHC v. Department of Health Care Services – FQ14-0610-718G -G

ITEM H

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM I

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Descriptions:  APN 012-110-025

Agency Negotiator:  Jean Rousseau and Robert Newby

Negotiating Parties:  Robert and Karen Reimer

Under Negotiation:  Price and Terms of Payment

ITEM J

DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE

(Government Code Section 54957)

ITEM K

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