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

 

Deanne Peterson

County Counsel



 

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

April 25, 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.              Recognize Armondo Apodaca upon his retirement from the Tulare Kings Hispanic Chamber of Commerce for his many years of service.

3.              Present Proclamation to adopt the month of May 2017 as "Mental Health Awareness Month" in Tulare County.

4.              Service Awards Presentations.

District 1 – Supervisor Kuyler Crocker

Name                           Department                              Service Years

Laura Boland                District Attorney’s Office                        15

Steve Horton                 Probation Department                           15

Karen Jeffries               District Attorney’s Office                        15

Ricardo Ortiz                 Resource Management Agency             15

Debi Ristow                   District Attorney’s Office                        15

Terrie Saenz                 Sheriff’s Department                              15

Gary Hunt                     Sheriff’s Department                              20

Brian Parks                   Information Technology                         20

Scott Pfanstiel               Solid Waste Department                        25

Keith Douglas                Sheriff’s Department                              30

Patrick Warner  Sheriff’s Department                                          30

 

District 2 – Chairman Pete Vander Poel

Name                           Department                              Service Years

Evelia Aldaco                Child Support Services Dept.                 15

William Brewster           Probation Department                           15

Myrna Gomez               District Attorney’s Office                        15

Stephen Chapman        Health & Human Services Agency          20

Timothy Hudson            Probation Department                           20

Vickie Lopez-Estrada     Child Support Services Dept.                 20

Rose Mary Maciel         Information Technology                         20

David Ritter                   Information Technology                         20

Raul Martin                   Solid Waste Department                        30

Linda Sward                  Health & Human Services Agency          30

 

District 3 – Supervisor Amy Shuklian

Name                           Department                              Service Years

Gilmer Maluyao District Attorney’s Office                                    15

Angelica Torres Sheriff’s Department                                          15

Lisa Totty                      Child Support Services Dept.                 15

Bill Huott                       Probation Department                           20

Kerri Lopez                   District Attorney’s Office                        20

Bill Meek                       Sheriff’s Department                              20

Don Smith                     Probation Department                           20

David Warnke               Probation Department                           20

Gregg White                 District Attorney’s Office                        20

Craig Anderson Resource Management Agency                         25

Mark Clark                    Information Technology                         25

Eric Peterson                Information Technology                         25

Leanne Williams            Probation Department                           25

Dave Bryant                  Resource Management Agency             30

Cheri Lehner                 Sheriff’s Department                              30

Rafael Garcia Jr.           Ag Commissioner/Sealer                       35

 

District 4 – Vice Chairman Steve Worthley

Name                           Department                              Service Years

Susan Carranza            Child Support Services Dept.                 20

Amy Farrell                   Resource Management Agency             20

Leonard Nunez Resource Management Agency 20

Rhonda Pack                Sheriff’s Department                              20

Neal Ringler                  Solid Waste Department                        20

Mario Martin                 District Attorney’s Office                        30

Andrew Pacheco           Resource Management Agency             35

 

District 5 – Supervisor Mike Ennis

Name                           Department                              Service Years

Marta Burd                   Child Support Services Dept.                 15

Carrie Carrillo                Resource Management Agency             15

 

5.              Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

6.             PUBLIC HEARING:   Request from the Health and Human Services Agency to adopt fee adjustments for Tulare County Health and Human Services Agency: Environmental Health, Public Health, Animal Services, Child Welfare Services, and Public Guardian Divisions for Fiscal Year 2017/2018. Adopt the fees recommended for the Tulare County Health and Human Services Agency: Environmental Health, Public Health, Animal Services, Child Welfare Services, and Public Guardian Divisions to cover costs. Authorize the Tulare County Health and Human Services Agency: Environmental Health, Public Health, Animal Services, Child Welfare Services, and Public Guardian Divisions to implement the fees beginning July 1, 2017.

7.             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 8 through 35)

 

 

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

8.             Approve an amendment to Agreement No. 27119 with the Department of Water Resources to amend the Work Plan, Budget and Schedule in an amount not exceed $1,200,000.

County Administrative Office/General Services

9.             Proclaim May 8-12, 2017 as Juror Appreciation Week in Tulare County.

10.          Approve an amendment to Agreement No. 25558 with Peninsula Messenger Service of Central California, Inc. for countywide courier services, retroactive from July 1, 2012 through June 30, 2017, subject to review and approval as to form by County Counsel.

11.          Award the contract for the HVAC and Roof Replacement Project to EMCOR Services Mesa Energy Systems in an amount not to exceed $482,231.37, subject to review and approval as to form by County Counsel.

Health & Human Services Agency

12.          Adopt a resolution proclaiming the month of May 2017 as Older Americans Month in Tulare County.

13.          Adopt a resolution proclaiming the month of May 2017 as “National Foster Care Month.”

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

15.          Reaffirm the Proclamation of a Local Emergency due to Tree Mortality in Tulare County Resolution No. 2015-0850.

16.          Reaffirm the Proclamation of a Local Emergency due to Flooding in Tulare County, Resolution No. 2017-0213.

17.          Approve an agreement with Kaweah Delta Health Care District, Mental Health Hospital to provide short-term, inpatient psychiatric services in an amount not to exceed $3,000,000 ($1,000,000 in Fiscal Year 2016/2017, $1,000,000 in Fiscal Year 2017/2018, and $1,000,000 in Fiscal Year 2018/2019), retroactive from 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.

18.          Authorize the destruction of the records identified as these records are no longer necessary or required for any business or County purpose. PSS Mail Log, January 2009-December 2011, and Payment Agreements, January 2009-December 2012. Authorize the destruction of the duplicate records identified as these records are maintained by another County department and/or permanently maintained electronically. HHSA Liens January 1958-February 2017, Refunds January 1993-December 2011, Pharmacy Billing Summary January 2011-December 2012, Payment records (GAX's & PRC's) Prior to 2010, and Procurement records (BPO's, PO's and Sub-PO's) Prior to 2010.

19.          Approve a capital asset purchase of a video surveillance system in an amount not to exceed $42,119. Authorize the necessary budget adjustments (4/5ths vote required).

20.          Approve an agreement with the California Department of Public Health for the Zika Preparedness and Response Grant in an amount not to exceed $26,666, retroactive from July 1, 2016 through June 30, 2018. 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 of the Board's signature on the initial Letter of Acceptance for the grant award. Approve the necessary budget adjustments (4/5ths vote required).

21.          Approve an agreement with the California Department of Public Health Office of AIDS for the Ryan White Human Immunodeficiency Virus Care Program to accept additional grant funds in an amount not to exceed $169,912, retroactive from November 30, 2016 through September 29, 2018. Find that the Board had authority to enter into the proposed agreement as of November 30, 2016, and that it was in the County’s best interest to enter into the agreement on the date. Authorize the Health and Human Services Agency Director, or his designee, to sign the Contractor’s Release form, when the final invoice is submitted. Approve the necessary budget adjustments (4/5ths vote required).

22.          Approve an agreement

Word Format

Resource Management Agency

23.          Disclose that a County employee has applied and is qualified for $2,500 down payment assistance funds from the County’s HOME Housing Assistance Program. Determine there is no conflict of interest and no exception is needed in order for the employee to receive down payment assistance funds from the County's HOME Program. Approve providing down payment assistance to a County employee.

24.          Approve the execution of an amendment to a Land Conservation Contract as required by a condition of approval for the following project: PLA 14-031 – Williamson Act Contract No. 6217, Agricultural Preserve No. 1964, located on the west side of Road 74 between Avenue 392 and Avenue 384, northeast of Dinuba (APN 030-050-029) (M & J, LP/Isaak and Lane) (18.75-acres subject to contract amendment).

25.          Authorize the submittal of the application for a Department of Natural Resource’s Urban Greening Grant on behalf of Cutler-Orosi Joint Unified School District in order to help construct the Cutler-Orosi Sports Complex. Authorize the Resource Management Agency Director, or designee, to act on the Agency’s behalf in all other matters pertaining to the application. Approve a Categorical Exemption consistent with the California Environmental Quality Act Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption and 15301, 15302, 15304 and 15305 exemptions. 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 Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption and 15301, 15302, 15304 and 15305 exemptions, 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. Direct Resource Management Agency staff to develop a draft MOU between the County of Tulare and the Cutler-Orosi Joint Unified School District in anticipation of a grant funding award. Direct the Clerk of the Board to provide a certified copy of the resolution.

26.          Approve an agreement with the City of Lindsay for the County to provide transit service to City of Lindsay residents in an amount not to exceed $70,529, retroactive from July 1, 2016 through June 30, 2017. Find that the Board had the 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.

27.          Approve an agreement with the City of Porterville for the City to provide transit service to County of Tulare residents in an amount not to exceed $404,668, retroactive from 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.

28.          Approve an agreement with the City of Visalia for the City to provide transit service to County of Tulare residents in an amount not to exceed $324,350, retroactive from 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.

29.          Approve an agreement with the City of Woodlake for the City to provide transit service to County of Tulare residents, in an amount not to exceed $23,801, retroactive from July 1, 2016 through June 30, 2017.  Find that the Board had the 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.

30.          Authorize the allocation of Low Carbon Transit Operations Program funds from the State of California for transit Intelligent Transportation Systems enhancements that will increase the safety and security of the County's Tulare County Area Transit services in an amount not to exceed $64,588. Approve the Low Carbon Transit Operations Program Certifications and Assurances.

Sheriff/Coroner

31.          Authorize the submission of an online grant application on April 28, 2017 to the California State Parks Division of Boating and Waterways for Fiscal Year 2017/2018 to refurbish three (3) patrol boats for the Sheriff's Boating and Safety Enforcement Unit in an amount not to exceed $18,827.

32.          Authorize the submission of an online grant application on April 28, 2017 to the California State Parks Division of Boating and Waterways for Fiscal Year 2017/2018 to purchase two (2) patrol boats and accompanying trailers for the Sheriff's Boating and Safety Enforcement Unit in an amount not to exceed $260,000.

33.          Approve a capital asset purchase of two (2) network switches in an amount not to exceed $17,000. Authorize the necessary budget adjustments (4/5ths vote required).

34.          Ratify and approve an agreement with Tyler Technologies, Inc. for civil case management software in an amount not to exceed $205,371, for the period of March 28, 2017 through March 27, 2018. Find that the Board had authority to enter into the proposed agreement as of March 28, 2017 and that it was in the County's best interest to enter into the agreement on that date.

35.          Approve an agreement with Tulare Joint Union High School District to provide a school resource officer on the district campuses in an amount not to exceed $101,786, for the period of August 10, 2016 through June 30, 2017. Find that the Board had the authority to enter into the proposed agreement as of August 10, 2016 and that it was in the County's best interest to enter into the agreement on that date.

36.          Approve an agreement from the California State Parks Division of Boating and Waterways for financial aid for Fiscal Year 2017/2018 in an amount not to exceed $256,932, for the period of July 1, 2017 through June 30, 2018.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

37.          Request from the Resource Management Agency to approve the Business Opportunities Work Program. Approve the Tourism Work Program and approve the Film Commission Work 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 – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See Board of Supervisors Public Agenda Item for Today, pertaining to Public Hearing for Adoption of Fee Adjustments.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  1

Bowen, Lonnie vs. Tulare County Sheriff Dept., Sergeant Winslow

Tulare County Superior Court VCU267680

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Khamfong Champaheuang, et al. v. Tulare County District Attorney’s Office, et al

Court of Appeal 5th Appellate District CA F071324 (Superior Ct. No. VCU2555956)

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Rick Mayes v. County of Tulare

Workers’ Compensation Appeals Board, (2) cases:

No.: ADJ4273950, No.: Unassigned (underlying Claim No.: 124-097295)

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM F

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  RESOURCE MANAGEMENT AGENCY DIRECTOR

ITEM G

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