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

 

 

October 18, 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 a Proclamation recognizing October 2016 as Italian Heritage Month in Tulare County.

3.             Present a Proclamation to adopt the week of October 23-31, 2016 as "Red Ribbon Week" in Tulare County.

4.             Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 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.

 

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

5.            Approve the purchase of 44 replacement vehicles for the 2016/2017 Fiscal Year.  Authorize payment for those vehicles with a loan from the General Fund.

6.            Authorize the Tax Collector to offer for Sale by Agreement parcels 018-011-008-000, 018-011-017-000, and 018-011-018-000, on December 30, 2016, the tax defaulted properties are subject to the Power to Sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

7.            Authorize the Tax Collector to offer for Sale by Agreement parcel 061-100-085-000, on December 30, 2016, the tax defaulted property is subject to the Power to Sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

8.            Authorize the Tax Collector to offer for Sale by Agreement parcel 169-261-003-000, on December 30, 2016, the tax defaulted property is subject to the Power to Sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

9.            Authorize the Tax Collector to offer for Sale by Agreement parcel 175-323-023-000, on December 30, 2016, the tax defaulted property is subject to the Power to Sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

County Administrative Office/General Services

10.         Approve and authorize the Chairman to proclaim “Court Adoption and Permanency Month” this year from November 1 - 30, 2016 in Tulare County.

11.         Ratify actions by the County Administrative Officer during the month of September 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.

12.         Approve an amendment to Agreement No. 27385, with Superior Court of Tulare County, in the amount of $265,722, for the provision of County use of Court’s Case Management System, retroactive to September 6, 2016 through September 7, 2017.  Find that the Board had authority to approve the proposed amendment as of September 6, 2016, and that it was in the County’s best interest to enter into the Memorandum of Understanding on that date.

13.         Award the contract for the Cooling Tower Replacement Project to EMCOR Services Mesa Energy Systems in the amount of $296,388.55.  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.

14.         Approve the amendment to Agreement No. 27551 with Conway Consulting Group for special consulting services for intergovernmental projects and programs in an amount not to exceed $24,000, effective September 30, 2016 through March 30, 2017.  Find that the Board had authority to approve the proposed amendment as of September 30, 2016 and that it was in the County's best interest to amend the agreement on that date.

15.         Approve the bid documents for the Countywide Space Improvement and Relocation Program.  Authorize the advertisement of bids for the subject project.  Set the bid opening for the project at 11:30 a.m. on Thursday October 27, 2016.

County Counsel/Risk Management

16.         Approve an amendment to Agreement No. 24858 with CorVel Corporation to extend the worker’s compensation claim administration amendment to April 1, 2020, and update Service Instructions to be consistent with current practices, subject to review and approval as to form by County Counsel.

Health & Human Services Agency

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

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

19.         Approve an agreement with Family Services of Tulare County to receive Ryan White HIV Care Program funds from California Department of Public Health, Office of AIDS in an amount not to exceed $456,165, retroactive from 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.

20.         Authorize the Tulare County Director of Mental Health and the Tulare County Auditor-Controller to sign the County Certification and submit the Mental Health Services Act Annual Plan Updates for Fiscal Years 2015/2016 and 2016/2017, retroactive to July 1, 2015 through June 30, 2017 to the Department of Health Care Services and Mental Health Services Oversight and Accountability Commission. Find that the Board had authority to enter into the proposed Annual Plans as of July 1, 2015, and it was in the County’s best interest to enter into the Annual Plan on that date. Authorize the Tulare County Director of Mental Health and the Tulare County Auditor-Controller to sign the County Certification and submit the Mental Health Services Act Three-Year Integrated Program and Expenditure Plan, retroactive to July 1, 2014 through June 30, 2017 (Fiscal Years 2014/2015, 2015/2016, and 2016/2017) to the Department of Health Care Services and Mental Health Services Oversight and Accountability Commission. Find that the Board had authority to enter into the proposed Three-Year Integrated Program and Expenditure Plan as of July 1, 2014, and it was in the County’s best interest to enter into this plan on that date.

21.         Approve an agreement with Tulare County Superintendent of Schools for the Nutrition Education and Obesity Prevention program, retroactive from October 1, 2016 through September 30, 2017 to promote increased fruit and vegetable consumption and physical activity among Supplemental Nutrition Assistance Program eligible population in an amount not to exceed $310,000. Find that the Board had authority to enter into the proposed agreement as of October 1, 2016 and that it was in the County's best interest to enter into the agreement on that date.

Resource Management Agency

22.         Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that the proposed activity will have a significant effect on the environment and determine that the Categorical Exemption is consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and has been completed in compliance with the California  Environmental Quality Act of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or his designee, to file a Notice of Exemption with the Tulare County Clerk. Approve the designation of an All-Way STOP control at the intersection of Roby Avenue (A150) and Doyle Street (R272)/Olive Drive (M152A), east of Porterville. Authorize the installation of STOP signs on Doyle Street (R272)/Olive Drive (M152A) at the intersection of Roby Avenue (A150) in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

23.         Authorize the submittal of California Youth Soccer and Recreation Development Program grant application for Woodville Park. Authorize the Chairman of the Board of Supervisors to sign the completed application and accompanying documents on behalf of the County.  Authorize the Resource Management Agency Director or designee to act on the Agency’s behalf in all other matters pertaining to the application. Authorize the Chairman of the Board of Supervisors, or designee (e.g. Environmental Assessment Officer), to sign the California Environmental Quality Act Compliance Certification Form. Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that the proposed activity will have a significant effect on the environment and determine that the Categorical Exemption is consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and has been completed in compliance with the California  Environmental Quality Act of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or his designee, to file a Notice of Exemption with the Tulare County Clerk. Direct the Clerk of the Board to provide a certified copy of the resolution.

24.         Authorize the submittal of California Youth Soccer and Recreation Development Program grant application for Pixley Park. Authorize the Chairman of the Board of Supervisors to sign the completed application and accompanying documents on behalf of the County. Authorize the Resource Management Agency Director or designee to act on the Agency’s behalf in all other matters pertaining to the application. Authorize the Chairman of the Board of Supervisors, or designee (e.g. Environmental Assessment Officer), to sign the California Environmental Quality Act Compliance Certification Form. Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that the proposed activity will have a significant effect on the environment and determine that the Categorical Exemption is consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and has been completed in compliance with the California  Environmental Quality Act of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or his designee, to file a Notice of Exemption with the Tulare County Clerk. Direct the Clerk of the Board to provide a certified copy of the resolution.

25.         Reject all bids received on September 29, 2016 for the Earlimart Neighborhood Park Improvement Project.  Approve the re-advertisement for bids for the Earlimart Neighborhood Park Improvement Project.

Sheriff/Coroner

26.         Ratify and approve an amendment to Agreement No. 26035 with Global Tel*Link to comply with regulatory changes implemented by the Federal Communications Commissions in the provision of telephone services for inmates incarcerated at the Sheriff’s detention facilities, retroactive to  June 20, 2016.  Find that the Board had the authority to enter into the proposed amendment as of June 20, 2016, and that it was in the County’s best interest to enter into the agreement on that date.  Ratify the Chairman's signature. 

27.         Approve a capital asset purchase for a forensic computer in the amount not to exceed $9,000.  Approve the necessary budget adjustments (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.         Request from the Board of Supervisors staff to adopt a resolution in opposition to Prop 64, "The Control, Regulate, and Tax Adult Use of Marijuana Act."

29.         Request from the District Attorney Office to adopt a resolution in opposition to Proposition 57, the So-Called Public Safety and Rehabilitation Act of 2016.

 (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: Lori Holcomb v. County of Tulare

Workers’ Compensation Appeal Board No.: ADJ5755566

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Janie Sanchez v. County of Tulare

Workers’ Compensation Appeal Board No.: ADJ8992742

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: County of Tulare v. Public Employment Relations Board,

California Court of Appeal, Fifth Appellate District, Case No. F071240

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