MEMBERS OF THE BOARD

 

KUYLER CROCKER

District One

 

PETE VANDER POEL - Chairman

District Two

 

AMY SHUKLIAN

District Three

 

J. STEVEN WORTHLEY – Vice Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel



 

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

April 18, 2017

 

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.               Adopt a resolution proclaiming April 18, 2017 as Library Literacy Day in Tulare County, in order to make the community aware of the valuable free library and literacy services available to our community.

3.               Service Award Presentations.

APRIL 18, 2017 PRESENTATION

DISTRICT 1 – Supervisor Kuyler Crocker

NAME                              DEPARTMENT                                     SERVICE YEARS

Dawn Boland                                   Health and Human Services Agency                                       15

Lillian Carrillo                                   Health and Human Services Agency                                       15

Irene Ponce                                      Health and Human Services Agency                                       15

Rebecca Fugitt                  Health and Human Services Agency                                       20

Bob Chavez                                      Health and Human Services Agency                                       25

Julie Bowers                                     Health and Human Services Agency                                       30

Ken Bowers                                      Health and Human Services Agency                                       30

 

DISTRICT 2 – Chairman Pete Vander Poel

NAME                              DEPARTMENT                                     SERVICE YEARS

Vanessa Avitia                  Health and Human Services Agency                                       15

Melanie Gonzales                           Health and Human Services Agency                                       15

Cindy Hays                                       Health and Human Services Agency                                       15

Monica Lucas                                   Health and Human Services Agency                                       15

Luke Raper                                       Health and Human Services Agency                                       15

David Rodriguez                              Health and Human Services Agency                                       15

Erique Sanchez                Health and Human Services Agency                                       15

Renee Smale                                   Retirement                                                                                     15

Margarita Hernandez                      Health and Human Services Agency                                       20

Rosemary Juarez                             Health and Human Services Agency                                       20

Donald Papenhausen                    Health and Human Services Agency                                       30

 

DISTRICT 3 – Supervisor Amy Shuklian

NAME                              DEPARTMENT                                     SERVICE YEARS

Belinda Boylan                 Health and Human Services Agency                                       15

Larry Fishburn                                  Health and Human Services Agency                                       15

Heather Kramer                 Health and Human Services Agency                                       15

Michelle Lazcano                            Health and Human Services Agency                                       15

Ha Le                                                 Health and Human Services Agency                                       15

Tanya Lopez                                     Health and Human Services Agency                                       15

Rebecca Navarro                             Health and Human Services Agency                                       15

Rainbow Moore                 County Counsel                                                            15

Amanda Silvas-Dix                          Health and Human Services Agency                                       15

Penny Smith                                     Health and Human Services Agency                                       15

Magdalena Vasquez                       Health and Human Services Agency                                       15

Kimberly Weeks                Health and Human Services Agency                                       15

Truly Yang                                        Health and Human Services Agency                                       15

Mary Jungwirth                 Health and Human Services Agency                                       20

Janet Neumann                Auditor-Controller                                                                         20

Monica Ledesma                             Health and Human Services Agency                                       30

John Mauro                                      Health and Human Services Agency                                       30

Julian Almanza                 Public Defender’s Officer                                                            35

Jake Torrence                                   Public Defender’s Office                                              35

 

DISTRICT 4 – Vice Chairman Steve Worthley

NAME                              DEPARTMENT                                     SERVICE YEARS

Armida Quezada                              Health and Human Services Agency                                       15

Eulalia Sandoval                             Health and Human Services Agency                                       15

Susana Hanson               Health and Human Services Agency                                       20

Veronica Silva                                  Health and Human Services Agency                                       25

Kathleen Bales-Lange     County Counsel                                                            35

 

DISTRICT 5 – Supervisor Mike Ennis

NAME                              DEPARTMENT                                     SERVICE YEARS

Veronica Andrade                           Health and Human Services Agency                                       15

Doddie Ferguson                             Health and Human Services Agency                                       15

Deborah Rosa                                  Health and Human Services Agency                                       15

Chris Wall                                         Health and Human Services Agency                                       15

 

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.               PUBLIC HEARING:  Request from the Agricultural Commissioner's Office to waive the second reading and adopt an ordinance amending Article 8 of Chapter 5, Part VI of the Ordinance Code pertaining to the theft of nuts.  Direct the Clerk to publish the ordinance within 15 days after adoption as required by law.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 20)

 

 

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

6.               Appoint Deanne H. Peterson, County Counsel to the Financial Advisory Committee, and the Audit Committee with terms ending at the Pleasure of the Board.

7.               Ratify the Proclamation declaring April 2-8, 2017 as National Crime Victims' Rights Week in Tulare County.

8.               Adopt a resolution declaring April 26, 2017 as Denim Day in Tulare County.

County Administrative Office/General Services

9.               Approve an amendment to Agreement No. 27832 with EMCOR Services Mesa Energy Systems to increase the contract amount by $14,018.04, subject to review and approval as to form by County Counsel. Accept the TCICT Government Plaza HVAC Replacement Project as a completed project. Direct the Clerk of the Board to record the Notice of Completion for the Project with the office of the Tulare County Recorder.

10.           Approve an agreement with W. Banks Moore, Inc. d.b.a. Banks & Co. doing business as Banks and Company to provide emergency service and repair of fueling station equipment for Fleet Services in an amount not to exceed $5,000, retroactive from July 22, 2016 through June 30, 2017. Find that the Board had the authority to enter into the proposed agreement as of July 22, 2016, and that it was in the County's best interest to enter into the agreement on that date, subject to review and approval as to form by County Counsel.

Fire Department

11.           Approve a capital asset purchase of one (1) 2017 Rosenbauer, 120 GPM Type-6 Engine with Ford Super Duty F-550 in an amount not to exceed $182,000. Authorize the Purchasing Agent to waive the bid process and designate Rosenbauer as a sole source vendor for the custom construction of emergency vehicle apparatus for the Tulare County Fire Department. Authorize the Fire Chief to designate Rosenbauer as the department's official vendor for the custom construction of emergency vehicle apparatus providing consistency, efficiency, and uniformity throughout the department. Authorize the Fire Chief, or his designee, to approve the necessary change orders to the custom construction of the 2017 Rosenbauer, 120 GPM Type-6 Engine and notify the Purchasing Department accordingly. Approve the necessary budget adjustments (4/5ths vote required).

12.           Approve an agreement to furnish protection personnel, equipment, materials and supplies, and to provide cooperative fire protection services with the Woodlake Fire Protection District, retroactive to January 1, 2017 through January 1, 2019.  Find that the Board had the authority to enter into the proposed agreement as of January 1, 2017, and that it was in the County's best interest to enter into the agreement on that date.

13.           Approve an agreement to furnish protection personnel, equipment, materials and supplies, and to provide cooperative fire protection services with the City of Dinuba, retroactive to January 1, 2017.  Find that the Board had the authority to enter into the proposed agreement as of January 1, 2017, and that it was in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

14.           Approve an amendment to Agreement No. 26888 with the State of California Department of Health Care Services to increase the agreement by $1,818,710 to a maximum of $20,362,651 for combined Drug Medi-Cal and Net Negotiated Funds to provide Substance Use Disorder services, retroactive to July 1, 2016 through 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's best interest to approve the amendment on that date. Approve the necessary budget adjustment (4/5ths vote required)

15.           Approve an agreement with Upp Technology, Inc. for the provision of public health billing cloud technology, third-party billing and consulting services in an amount not to exceed $195,995, effective April 18, 2017 through June 30, 2020.

16.           Approve an amendment to Agreement No. 27176 with Orosi Public Utility District for purchase of water for the Household Tank Program in an amount not to exceed $10,000, retroactive to November 2, 2016 through November 1, 2017. Find that the Board had the authority to enter into the proposed amendment as of November 2, 2016, and that it was in the County’s best interest to enter into the amendment on that date.

Resource Management Agency

17.           Approve an amendment to the Measure R Program Supplement to Cooperative Agreement No. 24962 to reflect the revised project costs for the Avenue 416 Widening Project, allow funds to be interchangeable between phases of the project, and transfer project savings from the Avenue 416 Widening Project in an amount not to exceed $1,436,000 to the Avenue 280 Widening Project.

18.           Authorize the County to carry out the Monson Community Well and Water Distribution Project, enter into a funding agreement with the State Water Resources Control Board, and accept and expend State funds for the Project, subject to County Counsel review and approval. Authorize and designate the Resource Management Agency Director, or Designee, to represent the County in carrying out the County’s responsibilities under the funding agreement, including approving and signing invoices and requests for reimbursement of Project costs. Ratify, confirm and approve any and all actions, whether previously or subsequently taken by Tulare County, which are consistent with the intent and purposes of the foregoing resolution.

19.           Authorize an additional $85,000 in funds to complete Phase II of the Tree Mortality Removal Project.  Allow staff the flexibility to adjust budgets between the two Phase II tree removal projects, while not exceeding the total tree mortality project of $335,000. Approve the necessary budget adjustments (4/5ths vote required).

Solid Waste

20.           Adopt a resolution in the matter of authorizing the submission of a Funding Request to CalRecycle for the City/County Annual Payment Program and designating the Fiscal Manager as the Signature Authority for the purpose of the Funding Request Certification and the Expenditure Reporting Certification.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

21.           Receive a presentation regarding the drought impacts within Tulare County, the Governor’s Executive Order of April 7, 2017, and the status of Office of Emergency Services drought relief programs. Provide direction as to continued operation or demobilization of County’s California Disaster Assistance Act-funded response activities, including the emergency mobile showers, non-potable tank sites, and Household Tank Program.

22.           Request from the Resource Management Agency to establish an Ad Hoc Committee comprised of two members of the Board of Supervisors to assist the County with evaluating the redesign of the Capitol Display for Tulare County that is exhibited in the State Capitol. Appoint two members of the Board of Supervisors to serve on the Ad Hoc Capitol Display Design Committee. Provide direction to the Resource Management Agency in addressing the key components of the Capitol Display for Tulare County so it can be refurbished.

23.           Request from the Resource Management Agency to reaffirm the findings in the Environmental Impact Report (EIR) that was completed under the California Environmental Quality Act (CEQA) certified and adopted by the Board on May 2, 2012. Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the Avenue 280 Widening Project.

24.           Request from the Resource Management Agency to approve the Measure R Program Supplement to Cooperative Agreement for the Avenue 280 Widening Project authorizing $14,836,000 in Regional Program Funds to fund the Construction and Construction Engineering Phase of the Avenue 280 Widening Project, allow all expenditures after January 31, 2017 for the Preliminary Engineering and Right of Way Phases to be covered under this Program Supplement, and allow all funds to be interchangeable between phases of the project.

25.           Presentation given by the Resource Management Agency based on the final findings set forth in Exhibit B made a part hereof, affirm Board of Supervisors Resolution  No. 2017-0205, to deny the appeal filed by Mr. Robert Matta and affirm the Planning Commission's approval of Special Use Permit No. PSP 16-028 for a contractor's storage yard.

26.           Request from the Board of Supervisors' staff to receive input and provide direction in regards to the 2017 Federal legislative priorities.

27.           Request from the Sheriff's Department to approve a personnel resolution adding one Assistant Sheriff position allocation to the Sheriff’s Office, effective April 30, 2017.

 (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: 3

Board of Supervisors Agenda Item today pertaining to potential demobilization of California Disaster Assistance Act-funded drought relief programs.  

 

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Government Code Section 54956.9(d)(1)

Name of Case:   Caleb Swanson v. County of Tulare

Workers’ Compensation Appeals Board No.:  ADJ7611901

Claim Nos.: CT-12-010305, CT-09-0500298, CT-11-0510292

 

ITEM C

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees