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

 

 

December 20, 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.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.               PUBLIC HEARING:   Request from the Resource Management Agency to approve the Categorical Exemption consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, pursuant to Title 14 California Code of Regulations, General Rule Exemption, Section 15061 (b) (3). Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency to file a Notice of Exemption with the Tulare County Clerk.  Approve Agricultural Preserve Diminishment No. WAC 16-002 for the diminishment of the 1.31-acre portion of Agricultural Preserve No. 141.

4.               PUBLIC HEARING:   Request from the Resource Management Agency to waive the second reading and adopt the Ordinance amending Article 3 in Chapter 1 of Part III of the Tulare County Ordinance Code pertaining to speed limits.  Direct the Clerk of the Board to publish a summary and post a certified copy of the Ordinance within fifteen (15) days after adoption in accordance with Government Code Section 25124(b)(1).

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 33)

 

 

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

5.               Reappoint Linda Duran, District 4 - Member to the Library Advisory Board for a term ending December 31, 2020.

6.               Cancel the Board of Supervisors meeting for January 3, 2017.

Clerk of the Board

7.               Approve the changes in designated officials and employees in the Tulare County Conflict of Interest Code as recommended by County departments and agencies.

County Administrative Office/General Services

8.               Reaffirm the lack of water supply for the East Porterville declared by the Board of Supervisors on June 14, 2016 is a continuing emergency.

9.               Approve an amendment to Agreement No. 27731, a Memorandum of Understanding between the Department of Water Resources, State Water Resources Control Board, Governor's Office of Emergency Services, the City of Porterville, and the County of Tulare outlining roles and responsibilities of each organization in support of the creation of an East Porterville water system.

10.           Approve the bid documents for the Visalia Health Care Clinic Interior Renovations Project.  Authorize the advertisement of bids for the subject project.  Set the bid opening for the project at 2:00 p.m. on January 26, 2017.

11.           Approve payment to Chem Pro Lab, Inc. for invoices from Fiscal Year 2015/2016 in an amount not to exceed $9,980.  Approve payment in an amount not to exceed $9,980 to Chem Pro Lab, Inc. for invoices incurred in Fiscal Year 2016/2017, before the approval of a new Public Works Agreement.  Approve payment in an amount not to exceed $6,979.14 to C.J. Hammer Pump & Machinery Co. for invoices from Fiscal Year 2015/2016.  Approve payment in an amount not to exceed $3,171.98 to Millennium Consulting Associate for invoices from Fiscal Year 2015/2016.

12.           Authorize the preparation of a tentative and final parcel map for Harmon Field based on the proposed parcel delineation map.

13.           Approve the First Amendment to Lease with NCS Pearson, Inc. for space at 5300 W. Tulare in Visalia.

District Attorney

14.           Approve an agreement with Keck Medical Center of University of Southern California in an amount not to exceed $40,000, retroactive to October 1, 2016 through September 30, 2017.  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.

Health & Human Services Agency

15.           Approve the amendment to the by-laws of the Tulare County Mental Health Board.

16.           Approve an agreement with FoodLink for Tulare County, Inc., for the Nutrition Education and Obesity Prevention Program to promote increased fruit and vegetable consumption and physical activity among Supplemental Nutrition Assistance Program eligible population in an amount not to exceed $35,000, retroactive to October 1, 2016 through September 30, 2017.  Find that the Board had the 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.

17.           Approve an agreement with the California Department of Public Health for the Sexually Transmitted Disease Prevention and Control Program in the amount not to exceed $46,387, retroactive to July, 1 2016 through June 30, 2019.  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).

18.           Approve an amendment to Agreement No. 27344 with the California Department of Public Health for California’s Personal Responsibility and Education Program in the amount not to exceed $825,000, retroactive to July 1, 2016 through June 30, 2018.  Find that the Board had authority to enter into 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.

19.           Approve a Memorandum of Understanding between the Tulare County Health and Human Services Agency, Child Welfare Services Division and Family Builders Foster Care, Inc. Foster Family Agency to provide services on behalf of Tulare County Child Welfare Service’s foster children through cooperation, collaboration, and sharing of appropriate information effective upon signature through June 30, 2019.

20.           Approve a Memorandum of Understanding with the Superior Court of California, County of Tulare for the provision of one (1) Courtroom Clerk position for the Tulare County Drug Court and Mental Health Court operations in Porterville in the amount of $83,690, retroactive to July 1, 2016 through June 30, 2017.  Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2016 and that was in the County’s best interest to enter into the Memorandum of Understanding on that date.

21.           Approve the increase of capital asset purchase for the Tulare County Public Health Lab in an amount not to exceed $12,669.  Approve the necessary budget adjustments (4/5ths vote required).

Human Resources & Development

22.           Approve an amendment to Agreement No. 27772 with San Joaquin Valley Insurance Authority to authorize the advance of cash in an amount not to exceed $4,000,000, until March 31, 2017 as needed and to be repaid by the San Joaquin Valley Insurance Authority no later than June 30, 2018.  Authorize the County Administrative Officer, upon approval by the San Joaquin Valley Insurance Authority of the agreement to draw upon the line of credit as set forth in the terms of the amended Agreement.

Probation

23.           Approve an amendment to Agreement No. 26563 with Central Valley Recovery Services to approve the addition of another location retroactive to November 1, 2016.  Find that the Board had the authority to enter into the proposed amendment as of November 1, 2016, and that it was in the County's best interest to enter into the agreement amendment on that date.

Purchasing

24.           Approve an amendment to Agreement No. 26687 with Tulare Local Healthcare District – Mineral King Toxicology Laboratory, to extend the term of the agreement to July 31, 2017 for providing drug screening, analysis, and testing services retroactive to August 1, 2016 through July 31, 2017.  Find that the Board had authority to enter into the proposed amendment as of August 1, 2016, and that it was in the County’s best interest to enter into the amendment on that date.

Resource Management Agency

25.           Approve an agreement with Equitybak L.P./Derrel’s Mini Storage regarding the conditions of approval associated with General Plan Amendment No. 14-007 and Change of Zone No. PZ 14-001.

26.           Authorize the trade-in of equipment number 1500, a Caterpillar 140H Motor Grader, to Pape Machinery for $66,200 to offset the costs associated to purchase a new Motor Grader.  Authorize the trade-in of equipment number 1817, a Caterpillar 416D Backhoe, to Quinn Company for $17,000 to offset the costs associated to purchase a new Backhoe.

27.           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 a Two-Way STOP controlled intersection at Tobias Road (LR192) and Avenue 145. Approve the designation of a One-Way STOP controlled intersection at Kilroy Road (LR191) and Avenue 146. Authorize the installation of two STOP signs on Tobias Road (LR192) at the intersection of Avenue 145 and one STOP sign on Kilroy Road at the intersection of Avenue 146 in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

28.           Approve proceedings to form Assessment District No. 16-767-VISALIA, to pay for storm drainage system maintenance within Phase 2 of Subdivision Tract No. 767, located on the north side of Avenue 320 east of Road 124, north of the City of Visalia.  Approve the proposed Boundary Map and direct the Clerk of the Board to file certified copies with the County Recorder.  Approve the proposed Assessment Diagram and direct the Clerk of the Board to file certified copies with the County Recorder. Approve the Engineer’s Report. Declare the Board’s intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments.  Approve the agreement authorizing Smee Builders to collect the assessments for Fiscal Year 2017/2018 upon first conveyance of each lot. Authorize the Chairman to sign the agreement. Approve the AUD 308 form establishing a budget for the Assessment District.

29.           Approve proceedings to form Assessment District No. 16-767R-VISALIA, to pay for public street maintenance within Phase 2 of Subdivision Tract No. 767, located on the north side of Avenue 320 east of Road 124, north of the City of Visalia. Approve the proposed Boundary Map and direct the Clerk of the Board to file certified copies with the County Recorder. Approve the proposed Assessment Diagram and direct the Clerk of the Board to file certified copies with the County Recorder. Approve the Engineer’s Report. Declare the Board’s intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement authorizing Smee Builders to collect the assessments for Fiscal Year 2017/2018 upon first conveyance of each lot.

30.           Authorize the submittal of the Economic Development & Planning Branch 2016/2017 Indirect Cost Rate Proposal by the Resource Management Agency to the affected public agencies.

31.           Approve an amendment to Agreement No. 26390 with Provost & Pritchard  for the Plainview Wastewater Collection, Treatment, and Disposal Project modifying the term of the agreement, scope and work schedule, retroactive to December 17, 2013 through July 31, 2017.  Find that the Board had authority to enter into the proposed agreement as of December 17, 2013, and that it was in the County’s best interest to enter into the agreement on that date.

32.           Approve an amendment to Agreement No. 26005 with Provost and Pritchard Consulting Group, Inc. to modify the term of the agreement and work schedule, for Engineering and Consulting Services for infrastructure improvements to the Seville and Yettem Water Systems, retroactive to November 28, 2015 through November 30, 2017. Find that the Board had authority to enter into the proposed amendment as of November 28, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Workforce Investment Board

33.           Approve the budget adjustment of $241,197 resulting from the Department of Labor award to the Workforce Investment Board of Tulare County to provide pre-release job training services to Tulare County inmates (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

34.           Receive a presentation from the Health and Human Services Agency on a proposal to form the Tulare County Task Force on Homelessness. Pursuant to Government Code section 31000.1, establish the Tulare County Task Force on Homelessness. Adopt the by-laws of the Tulare County Task Force on Homelessness. Direct the Clerk to post the list of vacancies in accordance with the Maddy Act (Government Code section 54972 et seq.).

35.           Receive a presentation by the Public Financial Management, Asset Management LLC regarding the Annual Report for the Millennium Fund Investment Program.  Accept the Annual Report for the Millennium Fund Investment Program.

36.           Request from the Resource Management Agency to approve an amendment to Agreement No. 27432 with the California High-Speed Rail Authority which extends the time frame for CHSRA and their contractor to obtain environmental clearances, permits, and approvals for the Facility Work outlined in Sub-Utility Agreement 1.02-1.03, extends the time frame for CHSRA and their contractor to complete the Facility Work outlined in Sub-Utility Agreement 1.02-1.09, and increases the reimbursement amount to County detailed in Sub-Utility Agreement 1.01 in an amount not to exceed $257,250.

37.           Request from the Resource Management Agency to approve an agreement with the California High-Speed Rail Authority for the California High-Speed Rail Project which provides up to $155,000 in funding for expenses associated with design concept reviews and workshops, preliminary design, permits, construction inspection, and material testing for work detailed in Sub-Utility Agreements 2.01 through 2.05, inclusive.

38.           Request from the County Administrative Office to establish the Department of Registrar of Voters including allocate one position of Registrar of Voters, effective December 20, 2016. Adopt a new job classification and compensation for Registrar of Voters, at will, effective December 20, 2016.  Authorize the Registrar of Voters, including the Interim Registrar, to have full authority as allowed by law, including but not limited to budget authority, to implement the functions and operations of the office.  Appoint Michelle Baldwin as Interim Registrar of Voters.  Authorize acting pay of a 10% increase to existing salary, with a total annual amount of $81,603.  Approve the transfer of the Auditor-Controller election related positions to the Department of Registrar of Voters. Direct the County Administrative Officer to conduct a strategic management review of the Registrar of Voters Office and return within ninety (90) days of this action to the Board of Supervisors with recommendations.  Authorize the necessary budget adjustments (4/5ths vote required).  Approve the Personnel Resolution adding 1.0 FTE - Registrar of Voters.  Approve the job class specification resolution.

 (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

Public Hearing to approve Agricultural Preserve Diminishment No. WAC 16-002 for diminishment of a portion of Agricultural Preserve No. 141; see Board of Supervisors public agenda December 20, 2016.

ITEM B

 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 12

ITEM C

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Wayne Davis v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ4524266, ADJ1875621, ADJ1359363, ADJ4574012, ADJ4195849.

ITEM E

THREAT TO PUBLIC SERVICES OR FACILITIES:

(Government Code Section 54957)

Consultation with:  Tulare County Sheriff's Department.

ITEM F

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