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

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY FLOOD CONTROL DISTRICT, AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

September 13, 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.             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

1.    Adopt the Fiscal Year 2016/2017 Final Budget for the Terra Bella Sewer Maintenance District as modified during the hearings.

2.    Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2016/2017 into final balance.

ADJOURN AS THE TERRA BELLA SEWER MAINTAINCE DISTRICT AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

1.    Adopt the Fiscal Year 2016/2017 Final Budget for the Tulare County Flood Control District as modified during the hearings.

2.    Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2016/2017 Budget into final balance.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

1.    Adopt the Fiscal Year 2016/2017 Final Budgets for all funds and activities as modified during the hearings for the Enterprise and Assessment District Funds, County Services Areas #1 and #2, Special Districts, Internal Services Funds, Operating Funds, and the General Funds.

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

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

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

5.    Approve 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.

6.    Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2016/2017 Budget into final balance.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 31)

 

 

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 Agriculture for providing State subvention in an amount not to exceed $187,405 to offset costs of providing Exotic Pest Detection Trapping Services, 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's best interest to enter into the agreement on that date.  Approve the Contractor Certification Certificate Clauses, Form CCC-307, made part of the agreement by reference form.

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

5.            Select the percentage change in California per capita personal income, which is 5.37%, as the cost-of-living factor for the Gann Appropriations Limit calculation for Fiscal Year 2016/2017.

Board of Supervisors

6.            Appoint Laurie Eberle, Partner Rescue Group Representative to the Tulare County Animal Services Advisory Committee for a term ending January 1, 2018.

7.            Appoint Paul Guerrero, County Administrative Officer Designee to the Solid Waste Management Technical Advisory Committee for a term ending Pleasure of the Board.

County Administrative Office/General Services

8.            Ratify actions by the County Administrative Officer during the months of July and August 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.

9.            Award the contract for the Cutler Park Well Replacement to the lowest responsible bidder, Todd Companies, in an amount not to exceed $573,500.  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.

District Attorney

10.         Approve an agreement with the California Office of Emergency Services in an amount not to exceed $584,978 to provide continuing funding for the Victim/Witness Assistance Program, 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's best interest to enter into the agreement on that date. Approve the necessary budget adjustments (4/5ths vote required).

11.         Ratify and approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing Program, 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's best interest to enter into the agreement on that date.  Ratify the Chairman's and District Attorney's electronic signature on the agreement.

12.         Approve an agreement with Family Services of Tulare County, the District Attorney's Office, the Sheriff's Department and Tulare County Adult Protective Services in an amount not to exceed $178,757 for the Enhanced Training Services to End Abuse in Later Life Program, retroactive to October 1, 2015 through September 30, 2018.  Find that the Board had authority to enter into the proposed agreement as of October 1, 2015, and that it was in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

13.         Reaffirm the Proclamation of a Local Emergency due to the Cedar Fire in Tulare County Resolution 2016-0711. Ratify orders issued by the Director of Emergency Services to amend mandatory evacuation orders.

14.         Approve the cancellation of Tulare County Agreement No. 27481 with Aligned Telehealth effective immediately. Approve an agreement with Asana Integrated Medical Group in an amount not to exceed $900,000 ($400,000 for Fiscal Year 2015/2016 and $500,000 for Fiscal Year 2016/2017), for the provision of acute psychiatric inpatient professional services for Short-Doyle and Medi-Cal beneficiaries, retroactive to October 31, 2015 through June 30, 2017.  Find that the Board had authority to enter into the agreement as of October 31, 2015, and that it was in the County’s best interest to approve the agreement on that date.

15.         Approve an amendment to Agreement No. 26328 with FoodLink for Tulare County, Inc. for the Nutrition Education and Obesity Prevention Program to add Exhibit A Supplemental Federal Fiscal Year 2016 (Supplemental Assistance Program Education Work Plan), replace Exhibit B and increase the amount not to exceed $82,500, and to add Exhibit B-1 Supplemental Federal Fiscal Year 2016 to the budget justification, retroactive to October 1, 2015 through September 30, 2016.  Find that the Board had the authority to enter into the proposed amendment as of October 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date. Approve the addition of Exhibit F (Grant Agreement) to the amendment, retroactive to October 1, 2013 through September 30, 2016. Find that the Board had the authority to enter into the proposed amendment as of October 1, 2013, and that it was in the County’s best interest to enter into the amendment on that date.

16.         Approve an amendment to Agreement No. 26888 with the California State Department of Health Care Services to decrease the agreement by $410,558 in an amount not to exceed $18,543,941 for combined Drug Medi-Cal and Non-Drug Medi-Cal Funds to provide Substance Use Disorder services, retroactive to July 1, 2014 through June 30, 2017. Find that the Board had authority to enter into the proposed amendment as of July 1, 2014 and that it was in the County's best interest to approve the amendment on that date.

17.         Approve an amendment to Agreement No. 27036 with the Laboratory Corporation of America for the continued use of the Laboratory Data Management System, retroactive to July 1, 2016 through June 30, 2018. Find that the Board had authority to approve the proposed amendment as of July 1, 2016, and that it was in the County’s best interest to enter into the amendment on that date.

18.         Approve an amendment to Agreement No. 27264 with the California Department of Public Health for the Lifetime of Wellness: Communities in Action Program in the amount of $487,121 per federal fiscal year in a total contracted amount not to exceed $1,948,484.  The purpose of this amendment is to update the Scope of Work by adding activities and responsible parties and to correct the Budget Year dates, retroactive to March 1, 2015 through September 29, 2018.  Find that the Board had the authority to enter into the proposed amendment as of March 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.

19.         Approve an agreement with Wavelength Automation, Inc. in an amount not to exceed $2,508 for a legislative tracking subscription, retroactive to April 1, 2016 through March 31, 2017.  Find that the Board had authority to enter into the proposed agreement as of April 1, 2016 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 Public Health Office of AIDS, for the Ryan White Human Immunodeficiency Virus Care Program in an amount not to exceed $833,468, retroactive to April 1, 2016 through March 31, 2019. Find that the Board had authority to enter into the proposed agreement as of April 1, 2016, and that it was in the County’s best interest to enter into the agreement on the date. Authorize authority for the Health and Human Services Agency Director, or designee, to sign Exhibit J, Contractor’s Release form, when the final invoice is submitted.

21.         Approve an agreement with CF Merced Behavioral, LLC dba Merced Behavioral Center in an amount not to exceed $1,100,000, 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’s best interest to enter into the agreement on that date.

Human Resources & Development

22.         Renew the Anthem Blue Cross PPO plan offerings provided by the San Joaquin Valley Insurance Authority with an 11.8% rate increase.  Approve discontinuance offering the Anthem HMO health plan provided by the SJVIA for 2017.  Renew the Kaiser Permanente plans with an increase of 8.34% for the $0 and $1000 deductible plans, a 7.93% for the Senior Advantage Plan, and a $10 risk adjustment fee, per employee per month, for all Kaiser plans provided by the SJVIA.  Approve participation in the Delta Dental PPO and DHMO plans through the SJVIA without an increase in the dental plan rates.  Approve participation in the Vision Service Plan through the SJVIA without an increase in the vision plan rates.

Information & Communications Technology

23.         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, 2016 to September 27, 2017.

24.         Authorize the County to sponsor the 2017 Central Valley Technology Expo and Conference.  Authorize invitations for outside attendees, not limited to valley City governments, valley County governments, valley educational institutions, and valley businesses.  Authorize employees who are working during the event's hours to attend on County time, subject to coordination and approval of their department to assure that services continue to be provided.  Authorize Information and Communications Technology to offer registered vendors different pricing options set by the venue for booth space and additional charges set by the applicable service provider for additional services needed by the registered vendors.  Authorize Information and Communications Technology to expend no more than $5,000, in the event registration charges do not cover the cost of the event.

Probation

25.         Approve an amendment to Agreement No. 27133 with Sequoia Riverlands Trust to extend the term of the agreement to June 30, 2017.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2016, and that it was in the County best interest to enter into the amendment on that date.

Resource Management Agency

26.         Approve an agreement with Jack Griggs, Inc. regarding the restrictions to the uses allowed on the property associated with Change of Zone No. PZ 13-005 located at 33454 Sierra Drive on the northeast corner of Sierra Drive (SR 198) and Avenue 334, north of Lemon Cove.

27.         Approve and award the contract to the lowest responsive and responsible bidder, Yarbs Grading and Paving, Inc. from Fowler, California, in the amount of $8,621,265 for construction of Avenue 416 Widening 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 $456,064 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency or his designee to approve change order up to the amount of $456,064.

28.         Authorize the Chairman to sign a letter of support on behalf of the Board of Supervisors for Ducor Telephone Company’s application for a Rural Utilities Service (RUS) loan to fund the installation of broadband Internet service via fiber optic cable to Kennedy Meadows.

29.         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 condition resulting from one (1) Tentative Parcel Map. WAN 16-018 – Williamson Act Contract No. 5472, Ag Preserve No. 1901, located on the east side of Road 152, approximately ¼ mile north of Avenue 32, at the northeast corner of the intersection of the White River and Road 152, southeast of Earlimart (APN 337-130-020), (Roger H. and Marion J. Andreas) (2.14 acres to be non-renewed as a condition of PPM 16-002) (78.03 acres subject to contract amendment). Approve the execution of an amendment to the Land Conservation Contract as conditions of approval for the aforementioned Partial Non-Renewal. Approve the execution of an amendment to one (1) additional Land Conservation Contract as required by a condition of approval for the following project. PLA 16-012 – Williamson Act Contract No. 5092, Agricultural Preserve No. 1743, located on the northwest corner of Road 180 and Avenue 336, northeast of Ivanhoe, (APN 059-160-020 and 059-160-021) (Smith) 85.50 acres subject to contract amendment.

30.         FOR INFORMATION ONLY:   Bid opening results for the Avenue 416 widening project.

CONTRACTOR                                           BID AMOUNT

Yarbs Grading and Paving Inc.                 $8,621,265.00

Papich Construction Inc.                            $8,799,463.30

Don Berry Construction Inc.                      $9,078,642.60

Avison Construction Inc.                            $9,382,426.00

Granite Construction Company                $9,417,964.00

Agee Construction Corp.                            $9,611,271.50

A. Teichert & Son Inc.                                $9,744,682.00

Lee’s Paving Inc.                                         $9,881,238.50

Emmett’s Excavation Inc.                           $9,928,014.60

 

Engineer’s Estimate                               $11,421,543.00

 

Solid Waste

31.         Approve an agreement with Cedar Avenue Recycling and Transfer Station to provide construction and demolition debris recycling services at the Tulare County Landfills for the period of October 1, 2016 through September 30, 2017, with three (3) additional one (1) year renewals.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

32.         Presentation given by the Resource Management Agency on snow removal activities along the Western Divide Highway. Direct staff to maintain the current Snow Removal Program.

 (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 – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

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

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

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 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