MEMBERS OF THE BOARD

 

ALLEN ISHIDA – Vice Chairman

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS – Chairman

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

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

 

 

May 24, 2016

 

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.             Presentation given by Central California Emergency Medical Services Agency regarding the Emergency Medical Services System in Tulare County.

3.             Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 44)

 

 

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.

 

Agricultural Commissioner/Sealer

4.            Approve an agreement with the California Department of Food and Agricultural providing State subvention in an amount not to exceed $6,240 to offset costs of registering organic growers and conducting organic inspections, effective July 1, 2016 through June 30, 2017.

5.            Approve an agreement with California Department of Food and Agriculture in an amount not to exceed $10,464 for the Certified Farmers Market Inspections, effective July 1, 2016 through June 30, 2017.

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

6.            Review and accept the Certified Statement of Vote as submitted by the Registrar of Voters for those Measures for which the Board of Supervisors is canvassing the returns of the election.

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, and Tax Collector special fund accounts.

Board of Supervisors

8.            Request from the Board of Supervisors to consider the issuance of a burial permit for the Allensworth Cemetery.

9.            Approve sending a letter of opposition for AB 2395, transition from legacy public switched telephone network services regulated by the California Public Utilities Commission to Internet Protocol enabled services.

10.         Approve sending a letter of support to the California Public Utilities Commission urging the Commission to increase baseload and flexible generation power.

11.         Appoint Kevin Caskey, Member At-Large to the Delta Vector Control District for a term ending December 31, 2016.

12.         Reappoint Clint Ashcraft, District 1 - Seat 2 to the Tulare Youth Commission for a term ending June 30, 2019.

13.         Reappoint Glen Stewart Seat 2 - Consumer to the In-Home Supportive Services Advisory Committee for a term ending June 30, 2019.

Child Support Services

14.         Approve an agreement with California Department of Child Support Services in an amount not to exceed $27,521 regarding the use of an extra help attorney, effective July 1, 2016 through June 30, 2017.

County Administrative Office/General Services

15.         Ratify actions by the County Administrative Officer during the month of April 2016. 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.

16.         Award the contract for Bob Wiley Boiler Replacement Project to EMCOR in an amount not to exceed $281,414.98. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract subject to review and approval as to form by County Counsel.

17.         Approve an agreement with San Joaquin Valley Water Infrastructure Authority to provide County Counsel services.

District Attorney

18.         Approve an agreement with California Office of Emergency Services in an amount not to exceed $431,661 to provide continuing funding for the Victim/Witness Assistance Program, effective July 1, 2016 through June 30, 2017. Authorize the Chairman to sign the Grant Award Face Sheet and the Certification of Assurance of Compliance. Authorize the County Administrative Office, or his designee, to sign the Certification of Assurance of Compliance.

Fire Department

19.         Approve an agreement with San Joaquin Valley Unified Air Pollution Control District in an amount not to exceed $60,000 for Project Number C-43140-A.  Authorize the Fire Chief, or his designee, to sign the Disclosure of Funds form.  Authorize the Fire Chief, or his designee, to sign the Public Benefit Grants Program Funding Agreement.

20.         Accept grant funding in the amount of $15,750 from the California Clean Vehicle Rebate Project.  Authorize the Fire Chief, or his designee, to sign the Rebate Application Form.  Approve a Capital Asset purchase of three (3) 2017 Chevrolet Volts, not to exceed $105,000.  Authorize the Purchasing Agent to waive the bid process and purchase directly from Elk Grove Auto - Winner Chevrolet, through State Vehicle Contract No. 1162310A1.  Approve the necessary budget adjustments (4/5ths vote required).

21.         Approve the submission of a grant application for a Federal Emergency Management Agency Fire Prevention and Safety Grant to purchase a Bullex Smart Fire Safety Training Trailer in an amount not to exceed $150,000.  Authorize the Fire Chief, or his designee, to sign and electronically submit the grant application.

Health & Human Services Agency

22.         Reaffirm the Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.

23.         Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

24.         Approve an agreement with Tulare County Superintendent of Schools in an amount not to exceed $159,410 for the provision of therapeutic behavioral services, effective July 1, 2016 through June 30, 2017.

25.         Approve an agreement with Turning Point of Central California, Inc. in an amount not to exceed $350,000 for the provision of adult alcohol and other drug services for TulareWORKs Welfare to Work clients, effective July 1, 2016 through June 30, 2017.

26.         Approve an agreement with Golden State Health Centers, Inc. d.b.a Sylmar Health and Rehabilitation Center in an amount not to exceed $1,300,000 for the provision of mental health rehabilitation, effective July 1, 2016 through June 30, 2017.

27.         Approve an agreement with Aspiranet in an amount not to exceed $220,719 for the delivery of Transitional Housing Program Plus services, effective July 1, 2016 through June 30, 2017.

28.         Approve an agreement with the California Department of Public Health, Office of AIDS for the AIDS Drug Assistance Program in an amount not to exceed $25,196, 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.

29.         Approve an increase for the Capital Asset purchase of a Fume Hood equipment in an amount not to exceed $850. Authorize the necessary budget adjustments (4/5ths vote required).

30.         Approve submittal of a grant application to the Federal Agency Centers for Disease Control and Prevention for $150,000 per year for five years, totaling $750,000 (based on availability of funds) in funding to be used for building public health capacity for drought response. The purpose is to improve drought preparedness and resiliency among Tulare County residents.

31.         Approve the adoption of a Resolution regarding the Tulare County General Relief/General Assistance Program to supersede and rescind Tulare County Resolution No. 98-0052 and its Amending Resolutions.

32.         Approve an agreement with Turning Point of Central California, Inc. in an amount not to exceed $636,350 for the provision of drug and alcohol recovery treatment services to Tulare County adolescents, effective July 1, 2016 through June 30, 2017.

33.         Approve an agreement with Kings View Corporation in an amount not to exceed $292,084 for the provision of Tulare County Warm Line Program, effective July 1, 2016 through June 30, 2017.

Human Resources & Development

34.         Approve and authorize the Chairman to sign the Insurance Consulting Services agreement with Alliant Employee Benefits, effective July 1, 2016 through June 30, 2019.

Probation

35.         Ratify and approve an agreement with the Workforce Investment Board regarding the procurement and distribution of certain Tulare County Probation funds to support the objectives of the Tulare County Probation's Readiness for Employment through Sustainable Education and Training Program, retroactive from January 1, 2016 to December 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of January 1, 2016, and that it was in the County's best interest to enter into the agreement on that date.  Approve the necessary budget adjustments to the Fiscal Year 2015/2016 approved budget of Workforce Investment Board (4/5ths vote required).

Resource Management Agency

36.         Approve an amendment to Agreement No. 26812 with the California Department of Fish and Wildlife (CDFW) that allows the construction contractor to perform night work as necessary to complete the construction of the Road 224 Bridge over Deer Creek Project, retroactive to February 1, 2016 through October 7, 2016.  Find that the Board had authority to enter into the proposed agreement as of February 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

37.         Approve an agreement with the State of California, acting by and through the Department of Transportation, for the exchange of Federal Transportation project funds amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year 2015/2016. Accept the $100,000 from the State as matching funds.

38.         Accept the required public improvements for Phase 3 of Subdivision Tract No. 792, located east of Road 72 and north of Avenue 308, west of the City of Visalia as complete. Accept the roads into the County road system.

39.         Adopt the revision of Mileage of Maintained County Roads identifying that Tulare County Maintained Mileage is 3,030.55 miles as of December 31, 2015.  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.

40.         Approve the Low Carbon Transit Operations Program Certifications and Assurances. Authorize the Chairman of the Board to sign the Low Carbon Transit Operations Program Certifications and Assurances. Approve the Low Carbon Transit Operations Program Authorized Agent form.

41.         Approve the Federal Fiscal Year 2016 Certifications and Assurances for Federal Transit Administration Assistance Programs. Authorize the Chairman to execute the Affirmation of Applicant signature page. Authorize Chairman to execute the Affirmation of Applicant signature page for up to three (3) subsequent federal Fiscal Years.

42.         Approve the designation of an All-Way STOP control at the intersection of Road 64 and Avenue 424. Authorize the installation of STOP signs on Road 64 at the intersection of Avenue 424 in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code.

43.         Approve an agreement with Arrington Watkins Architects in an amount not to exceed $905,388 for architectural & engineering consulting services for the Transit Operations and Maintenance Facility Project.

44.         Authorize the filing of Notices of Partial Non-Renewal for the following six (6) Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from two (2) Lot Line Adjustment maps, three (3) tentative parcel maps and one (1) owner initiated application. WAN 16-005 – Williamson Act Contract No. 10218, Ag Preserve No. 3522, located at 24410 Avenue 108, on the south side of Avenue 108, north of Terra Bella (Matthew Fisher) (.53 acres to be Non-Renewed as a condition of PLA 16-003) (19.69 acres are subject to contract amendment). WAN 16-006 – Williamson Act Contract 3681, Ag. Preserve No. 0834, located at 5997 Avenue 308, south of Avenue 308 and west of Road 60, west of Visalia (Donald Halstead) (20.0 acres to be Non-Renewed as a condition of PLA 15-043) (96.60 acres are subject to contract amendment). WAN 16-008 – Williamson Act Contract No. 12887, Ag Preserve No. 0804, located at 10108 Avenue 408, on the north side of Avenue 408 between Road 96 and Road 104, east of Dinuba (APN 021-190-028) (Justin K. Simmons and Lynn Simmons) (1.0 acre to be non-renewed as a condition of PPM 15-026.) (19.40 acres subject to contract amendment.)  PNR 15-011 – Williamson Act Contract No. 3316, Ag Preserve No. 634, located on the east side of Road 156 approximately 1320 feet north of the intersection of Avenue 376, southeast of Seville (APN 050-100-012) (Tommy L. and Sharon L. Franz) (1.02 acre to be non-renewed as a condition of PPM 13-021), 73.58 acres in two parcels and Remainder subject to contract amendment and to include four additional parcels (APNs 035-110-011, 035-110-010, 050-090-001 and 050-100-017) within the same contract, totaling 306.95 acres. PNR 15-012 – Williamson Act Contract No. 7066, Ag Preserve No. 2451, located on the southeast corner of Road 144 and Avenue 420, east of East Orosi (APN 035-230-014) (Ranjit S. and Navdeep K. Nagra), 1.0 acre to be non-renewed from 18.93 acres and to include eight additional parcels (APNs 025-070-005, 025-070-006, 025-070-010, 025-070-025, 035-230-011, 035-230-012, 035-230-015 and 035-240-010) within the same contract, totaling 117.62 acres. PNR 15-013 – Williamson Act Contract No. 13267, Ag Preserve No. 3946, located on the north side of Avenues 72 approximately 660 feet east of the intersection of Road 267, approximately 3.75 miles southeast of Terra Bella (APN 323-070-041) (Donald and Teresa Robinson) (1.7 acre to be non-renewed as a condition of PPM 14-046), 14.9 acres in two parcels subject to contract amendment and to include three additional parcels (APNs 323-070-039, 323-070-040 and 323-070-042) within the same contract, totaling 36.36 acres. Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial Non-Renewals.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

45.         Request from Resource Management Agency to authorize submittal of twelve (12) applications for the Department of Transportation Active Transportation Program Cycle 3 in an amount of $18,820,050. Authorize the Chairman of the Board to sign the applications on behalf of Tulare County. 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, or designee(s), 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 the Resource Management Agency to enter into Interagency agreement between Tulare County Health and Human Services Agency for the Non-Infrastructure program of the Safe Routes to School projects. Authorize and direct the Resource Management Agency Director, or designee, to submit Funds Requests and other program-supporting documentation.

46.         Request from the Resource Management Agency to approve the County of Tulare draft Tree Mortality Removal Plan, subject to revision and approval by the Governor’s Office of Emergency Services (Cal OES).  Approve the submission of the final Tree Mortality Removal Plan and an application for California Disaster Assistance Act funding to Cal OES.  Authorize the Chairman to sign three copies of the Cal EMA 130 authorized Agent Resolution. Direct the County Administrative Officer to take the necessary action to implement Board direction on these matters.  Delegate authority to the Tulare County OES Director, or his designee, to sign the Tulare County Tree Removal Right-of-Entry Permit, (Tree Mortality Emergency Program Assistance), on behalf of the County.

 (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 – EXISTING LITIGATION

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

Name of Case:  State of California v. Craig Silveira, et al.

Tulare County Superior Court Case No. 264929

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  City of Exeter v. County of Tulare, and Does 1-10, 

Tulare County Superior Court Case No. 262516

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Grenseman, Paul and Julia Jimenez v. County of Tulare

Tulare County Superior Court Case: VCU258551

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Adam Rojas v. County of Tulare

WCAB Nos.: ADJ9803061, ADJ9803062

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case: Tulare County Grievance Nos. 15-003 thru 15-006

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case:  Wendy Jones, et al. vs. County of Tulare, et al.

United States District Court Eastern District 1:15-cv-01779-EPG

ITEM H

CONFERENCE WITH LABOR NEGOGIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Michael C. Spata

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees