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

 

 

July 26, 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.             Present Proclamation to approve the month of August 2016 as Child Support Awareness Month on behalf of the Tulare County Department of Child Support Services and the California Department of Child Support Services.

3.             Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 27)

 

 

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

4.            Appoint Steve Tsuboi, School and College District to the Tulare County Treasury Oversight Committee for a term ending Tenure.

5.            Approve sending a letter of opposition for AB 2691 (Holden), Monthly Property Tax Payment Program.

County Administrative Office/General Services

6.            Ratify actions by the County Administrative Officer during the month of June 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.

7.            Approve submittal of a letter to the Board of State and Community Corrections requesting a project scope change in response to the restored project funding.

8.            Accept the Blue Ridge Tower Project as a completed project.  Approve an amendment to Agreement No. 27543 with P&R Tower Company, Inc. to increase the contract amount by $17,613.89.  Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion and Agreement Amendment, 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 Project with the office of the Tulare County Recorder.  Approve the necessary budget adjustments (4/5ths vote required).

County Counsel/Risk Management

9.            Authorize the closure of County agencies within the Tulare County Superior Courthouse on August 18, 2016 from Noon to 4:00 p.m.

Fire Department

10.         Approve the submission of a grant application for a Firehouse Subs Grant to purchase an East Coast Rescue Solutions Forcible Entry Door Simulator and All-In-One Prop in the amount of $9,250.  Authorize the Fire Chief, or his designee, to electronically submit the grant application.

11.         Approve the submission of a grant application for a United States Department of Agriculture Rural Development Grant to purchase emergency fire and personal protective equipment in the amount of $40,000.  Authorize the Fire Chief, or his designee, to sign and submit the grant application.

Health & Human Services Agency

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

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

14.         Approve the Non-Supplantation Certification for Public Health Emergency Preparedness, General Fund Pandemic Influenza, and Hospital Preparedness Program funding for Fiscal Year 2015/2016, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to execute the Non-Supplantation Certification as of July 1, 2015, and that it was in the County’s best interest to execute it on that date. Approve the Non-Supplantation Certification for Public Health Emergency Preparedness, General Fund Pandemic Influenza, and Hospital Preparedness Program funding for Fiscal Year 2016/2017, retroactive to July 1, 2016 through June 30, 2017.  Find that the Board had authority to execute the Non-Supplantation certification as of July 1, 2016, and that it was in the County’s best interest to execute it on that date.

15.         Approve an agreement with Davis Guest Home, Inc. in an amount not to exceed $150,000 for the provision of resident care facility, retroactive to July 1, 2016 through June 30, 2017.  Find that the Board had authority to enter into the proposed agreement as of July 1, 2016, and that it was in the County’ best interest to enter into the agreement on that date.

16.         Approve an agreement with the California Department of Public Health to accept the award for supplemental funding for Ebola Preparedness and Response in an amount not to exceed $73,304, effective upon approval of this award through June 30, 2017. Approve the necessary budget adjustments (4/5ths vote required).

17.         Approve the Tulare County Child Abuse Prevention Council’s request for their annual funding in an amount not to exceed $88,320 from the County’s Children’s Trust Fund for Fiscal Year 2016/2017 to allow for intervention and treatment, training of professionals in the detection, treatment, and prevention of child abuse and neglect, promoting community support for child abuse and neglect programs, and maintaining a community presence.

Resource Management Agency

18.         Approve Program Supplement No. F095 with the California Department of Transportation in the amount of $353,000 for the Preliminary Engineering phase and Right-of-Way phase for the Road D39 over Traver Canal Bridge Project.

19.         Approve Program Supplement No. F094 in the amount of $80,000 with the California Department of Transportation for the Preliminary Engineering phase for the Avenue 376 over Traver Canal Bridge Project.

20.         Approve Program Supplement No. F092 in the amount of $80,000 with the California Department of Transportation for the Preliminary Engineering phase for the Avenue 108 over Lakeland Canal Bridge Project.

21.         Approve Program Supplement No. F093 in the amount of $80,000 with the California Department of Transportation for the Preliminary Engineering phase for the Avenue 428 over Sand Creek Bridge Project.

22.         Approve an agreement with Blake and Aubrey Mauritson in connection with the application for encroachment permit to place an irrigation pipeline within County road right-of-way of Avenue 328, Sandridge Road (LR 248) and Avenue 326.

Sheriff/Coroner

23.         Approve the purchase order for capital assets and minor equipment in an amount not to exceed $549,611 for Fiscal Year 2016/2017.

24.         Ratify and approve an amendment to Agreement No. 25630 with the United States Army Corps of Engineers, Success Lake Recreation Area for law enforcement services at Success Lake Recreation Area in an amount not to exceed $62,771, retroactive to April 24, 2016 through September 7, 2016.  Find that the Board had authority to enter into the proposed amendment to the Agreement as of April 24, 2016, and that it was in the County’s best interest to enter into the amendment to the agreement on that date.

25.         Ratify and approve an amendment to Agreement No. 26176 with the United States Army Corps of Engineers for law enforcement services at Lake Kaweah Recreation Area in an amount not to exceed $37,000, retroactive to April 22, 2016 through April 23, 2017.  Find that the Board had authority to enter into the proposed amendment to the Agreement as of April 22, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

26.         Approve an amendment to Agreement No. 26188 with the Visalia Unified School District to extend the agreement to provide a School Resource Officer for Charter Alternatives Academy until June 2, 2017, and to increase the budget in the amount of $83,210. 

Solid Waste

27.         Approve an amendment to Agreement No. 27048 with the City of Porterville to extend the term of the agreement to July 31, 2017 in order to secure tonnage and provide for a more predictable Enterprise Fund revenue stream.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.         Request to consider, modify as needed, and approve the responses to the 2015/2016 Tulare County Grand Jury Final Report entitled: “Tulare County, Are We Ready for El Nino?”  Authorize the Chairman to sign the response letter.

29.         Request from Health and Human Services Agency to approve an agreement with the California Department of Public Health for the Nutrition Education and Obesity Prevention Program and accept the award for funding in an amount not to exceed $3,328,638, effective October 1, 2016 through September 30, 2019.  Approve the Personnel Resolution to add 2.0 FTE – Health Education Specialist to the following allocation:  Nutrition Education and Obesity Prevention Program – Health & Human Services Agency.

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

Tulare County superior Court Case No. 262516

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Closure of County agencies within the Tulare County Superior Courthouse on August 18, 2016 from Noon to 4:00 p.m.; see Board of Supervisors agenda for July 26, 2014.

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Request to consider, modify as needed, and approve the responses to the 2015 /2016 Tulare County Grand Jury Final Report entitled: “Tulare County, Are We Ready for El Nino?”  See Board of Supervisors agenda for July 26, 2016.

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

A Notice of Violation was received from the San Joaquin Valley Air Pollution Control District.

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Freitas, Rikki, Angel Wirth, Raegan Wirth, by and through her Guardian ad Litem, Rikki Freitas v. County of Tulare, et al. 

Tulare County Superior Court – VCU264450

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Albert Brockman v. County of Tulare

Workers’ Compensation Appeals Board No: ADJ10092016

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 LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Michael C. Spata

Employee Organization:  All Certified Employee Organizations           

Unrepresented Employees:  All Unrepresented Employees.