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 H. PETERSON

County Counsel



 

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

May 23, 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.               Recognition of Tulare County Employees who have been selected by their respective departments to be honored in the Employee Recognition Program.  Announce and select the Tulare County Employee of the Year 2016.

3.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.               PUBLIC HEARING:   Request from the Solid Waste Department to consider an increase to the Franchised Hauler's collection and ancillary fees for Service Areas A, B, C, D, E, G, H, and J in accordance with the calculation methodology set forth in Tulare County Franchise Agreement Numbers 27185, 27186, 27187, 27188, 27189, and 27190. At the conclusion of the Public Hearing, approve the recommendation collection and ancillary fees, effective July 1, 2017.

5.               PUBLIC HEARING:   Request from the Resource Management Agency to conduct a Public Hearing considering the proposed fee adjustments (2017/2018 Summary of Proposed Fees). Approve the Proposed Fees for the Tulare County Resource Management Agency, effective July 1, 2017.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 55)

 

 

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

6.               Approve an agreement with the California Department of Food and Agriculture for providing State subvention to offset costs of providing European Grapevine Moth detection trapping services in an amount not to exceed $135,828, retroactive from January 1, 2017 through December 31, 2017. Find that the Board had 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.

7.               Approve an agreement with the California Department of Food and Agriculture to provide State funding in an amount not to exceed $29,413 to offset costs of providing nursery inspection services for the state Nursery Inspection program for July 1, 2017 through June 30, 2018.

8.               Approve an agreement with the California Department of Food and Agriculture to provide State funding in an amount not to exceed $39,999.73 to offset costs of providing fruit and vegetable inspection services for the State Standardization program for July 1, 2017 through June 30, 2018.

Auditor-Controller/Treasurer-Tax Collector

9.               Authorize the Treasurer to transfer to the general fund, pursuant to Government Code 50050, 50053, and 50055, unclaimed funds currently in the Probation, Public Defender, and Tax Collector special funds accounts.

Board of Supervisors

10.           Appoint Jenny Powell, Trustee to the Exeter Public Cemetery District for a term ending January 6, 2020.

11.           Appoint Terry Way, Partner Rescue Group Representative to the Tulare County Animal Services Advisory Committee for a term ending January 1, 2018.

12.           Appoint Joni Jordan, Trustee to the Eshom Valley Cemetery District for a term ending January 1, 2018.

13.           Appoint Randy Skidgel, Director to the Tulare County Pest Control District for a term ending April 23, 2021.

14.           Appoint Phillip Deal, Trustee and Vicki Gilson, Trustee to the Tulare Public Cemetery District for terms ending January 2, 2021.

15.           Appoint Zack Stuller, District 1, and Paul Boyer, At-Large Member to the Tulare County Water Commission for terms ending April 30, 2019.

16.           Reappoint Richard Schafer, District 5 to the Tulare County Water Commission for a term ending April 30, 2019.

County Administrative Office/General Services

17.           Approve an amendment to Agreement No. 27616 with EMCOR to increase the contract amount by $3,108, subject to review and approval as to form by County Counsel. Accept the Bob Wiley Boiler Replacement Project as a completed project. Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the Project with the office of the Tulare County Recorder.

18.           Approve a Lease Agreement with A1 Family Properties, LLC for space located at 660 E. Visalia Road, Farmersville.

19.           Waive the second reading and adopt an ordinance amending Section 1-01-1000 of Chapter 1, Part 1 of the Ordinance Code, pertaining to the time and location of Board meetings. Direct the Clerk to publish the ordinance after adoption as required by law.

20.           Approve the Memorandum of Understanding with the Superior Court of Tulare County for the provision of general services for court facilities and One-Time Funding to support the Preliminary Hearing Courtroom located in the Superior Court's Pretrial facility, effective July 1, 2017 through June 30, 2018, subject to review and approval as to form by County Counsel.

21.           Ratify actions by the County Administrative Officer during the month of February/March 2017. 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.

Fire Department

22.           Approve a resolution identifying the terms and conditions for Out of County Mutual Aid when the Tulare County Fire Department is assigned to an emergency incident outside their jurisdiction, as recognized in the California Fire Assistance agreement. Find that personnel shall be compensated according to Memorandum of Understanding, Personnel Rules and Regulations, and/or other directive that identifies personnel compensation in the workplace. Find that the event a personnel clarification does not have an assigned compensation rate, a "Base Rate" as set forth in an organizational policy, administrative directive or similar document will compensate such personnel. Find that the Tulare County Fire Department will maintain a current salary survey or acknowledgement of acceptance of the "base rate" on file with the California Governor's Office of Emergency Services, Fire Rescue Division. Find that fire suppression personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response. Find the non-fire suppression personnel will be compensated for actual hours worked. Find that the fire department response personnel include: Fire Chief, Division Chief, Battalion Chief, Fire Captain, Fire Lieutenant, Fire Engineer, Firefighter, and Non-Fire Suppression employees.

23.           Authorize the submission of a grant application for a Department of Forestry and Fire Protection Volunteer Fire Assistance Grant to personal protective equipment in an amount not to exceed $40,000. Authorize the Fire Chief, or his designee, to sign and electronically submit the grant application.

Health & Human Services Agency

24.           Approve an agreement with Central Star Behavioral Health, Inc. to provide youth acute inpatient Psychiatric Health Facility beds and related mental health treatment for the benefit of Tulare County youth consumers in an amount not to exceed $250,000, effective July 1, 2017 through June 30, 2018.

25.           Approve an agreement with Community Services and Employment Training, Inc. to provide Alcohol and Other Drug Prevention services in an amount not to exceed $103,201, effective July 1, 2017 through June 30, 2018.

26.           Approve an agreement with Community Services and Employment Training, Inc. to provide the Supported Employment and Volunteer Program in an amount not to exceed $755,527, effective July 1, 2017 through June 30, 2018.

27.           Approve an agreement with David E. Kilgore, M.D. for the provision of psychiatric services in an amount not to exceed $227,000, effective July 1, 2017 through June 30, 2018.

28.           Approve an agreement with Family Services of Tulare County for the In-Home Parent Education Program in an amount not to exceed $355,190, effective July 1, 2017 through June 30, 2018.

29.           Approve a Memorandum of Understanding with the Superior Court of California, County of Tulare for the provision of one (1) Courtroom Clerk position in the Porterville Division in an amount not to exceed $91,691, and two (2) Courtroom Clerks for the Visalia Division in an amount not to exceed $147,946, effective July 1, 2017 through June 30, 2018. Authorize the Tulare County Health and Human Services Agency Director to sign three (3) copies of the Memorandum of Understanding.

30.           Approve an agreement with Ralph Agnello, Attorney at Law, to provide Hearing Officer Services for Certification and Riese Hearings in an amount not to exceed $200,000, effective July 1, 2017 through June 30, 2018.

31.           Approve an agreement with Star View Behavioral Health, Inc. to provide Community Treatment Facility and Psychiatric Health Facility beds and related mental health treatment for Tulare County Mental Health Consumers in an amount not to exceed $300,000, effective July 1, 2017 through June 30, 2018.

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

33.           Approve an agreement with the Tulare County Superintendent of Schools for the provision of Mental Health services to Tulare County adolescents and children in an amount not to exceed $6,000,000, effective July 1, 2017 through June 30, 2018.

34.           Approve an agreement with Turning Point of Central California, Inc. for the provision of Children’s Mental Health services for TulareWORKs Welfare to Work participants in an amount not to exceed $450,000, effective July 1, 2017 through June 30, 2018.

35.           Approve an agreement with Turning Point of Central California, Inc. for the Central County One-Stop Center to provide Mental Health services in an amount not to exceed $700,000, effective July 1, 2017 through June 30, 2018.

36.           Approve an agreement with Turning Point of Central California, Inc. for the provision of Specialty Mental Health services to Tulare County adolescents and children in an amount not to exceed $14,300,000, effective July 1, 2017 through June 30, 2018.

37.           Approve an agreement with Turning Point of Central California, Inc. for the provision of Drug and Alcohol Recovery Treatment services to Tulare County adolescents in an amount not to exceed $642,350, effective July 1, 2017 through June 30, 2018.

38.           Approve an agreement with Uplift Family Services to provide Specialty Mental Health services and Therapeutic Behavioral services in an amount not to exceed $450,000 ($150,000 per Fiscal Year), effective July 1, 2017 through June 30, 2020.

39.           Approve an amendment to Agreement No. 26677 with Life Technologies Corporation to provide maintenance and repair support of equipment for the Tulare County Public Health Laboratory to extend the term, effective July 1, 2017 through June 30, 2018 in amount not to exceed $9,500.

40.           Approve a capital asset purchase of a replacement walk-in freezer for storage at Animal Services for Fiscal Year 2016/2017 in an amount not to exceed $37,000. Approve the necessary budget adjustments (4/5ths vote required).

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

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

43.           Approve an agreement with the California Department of Health Care Services for the County-Based Medi-Cal Activities program in an amount not to exceed $2,694,453, effective July 1, 2017 through June 30, 2020. Authorize the Tulare County Health & Human Services Agency, Local Government Agency Coordinator to sign the invoices.

44.           Adopt a resolution proclaiming the month of June as “World Elder Abuse Awareness Month” in Tulare County.

45.           Approve an agreement with the California Department of Health Care Services for the School-Based Medi-Cal Administrative Activities program in an amount not to exceed $8,449,321, effective July 1, 2017 through June 30, 2020. Authorize the Health & Human Services Local Government Agency Coordinator to sign invoices.

46.           Approve a capital asset purchase of a plotter for the Office of Emergency Services in an amount not to exceed $18,000. Authorize the necessary budget adjustments (4/5ths vote required).

47.           Approve an amendment to Agreement No. 26819 with the California Department of Public Health, Emergency Preparedness Office to extend the contract period through June 30, 2018. Amend the Scope of Work, and to adjust the total allocations in the contract to an amount not to exceed $2,911,064, retroactive from July 1, 2014 through June 30, 2018. 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 enter into the amendment on that date. Approve the necessary budget adjustments (4/5ths vote required).

Information & Communications Technology

48.           Approve a capital asset purchase of network fabric interconnects and a chassis system with I/O cards from Development Group, Inc. in an amount not to exceed $97,900.

49.           Approve an agreement with ISI Telemanagement Solutions, LLC to extend the term of the current Master Services Agreement through August 31, 2017 in an amount not to exceed $10,827 to provide phone billing services for the County of Tulare. Approve an agreement with ISI Telemanagement Solutions, LLC to extend the term of the current Master Services Agreement from September 1, 2017 through August 31, 2020 in an amount not to exceed $136,404 to provide phone billing services for the County of Tulare.

Probation

50.           Approve an amendment to Agreement No. 27349 with the City of Lindsay for the Non-custody Intake Program in an amount not to exceed $7,352 to extend the term of the agreement to June 30, 2018.

Resource Management Agency

51.           Authorize and approve the submission of a grant application package for the FTA Section 5339 Program in an amount not to exceed $758,249 for new transit buses.

52.           Approve an agreement with the City of Dinuba for the City to provide transit service to County of Tulare residents in an amount not to exceed $18,311, 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.

53.           Authorize continuance of the temporary receivership for the Seville Water Company through June 30, 2019, subject to the same terms and conditions enumerated as items 1 through 11 inclusive in the Order Granting Petition for Appointment of Receiver dated June 15, 2015.

Sheriff/Coroner

54.           Approve the capital asset purchase of two law enforcement service dogs in an amount not to exceed $14,580 and training costs in an amount not to exceed $12,000. Authorize the necessary budget adjustments (4/5ths vote required).

55.           Approve an agreement with Huntington Court Reporters & Transcription, Inc. to provide transcription services in an amount not to exceed $30,000, for the period of February 3, 2017 through June 30, 2017. Find that the Board had the authority to enter into the proposed amendment as of February 3, 2017 and that it was in the County's best interest to enter into the agreement on that date.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

56.           Request from the Solid Waste Department to approve an amendment to Agreement No. 27502 with Floyd Johnston Construction Company, Inc. for construction of the Visalia Landfill Waste Management Unit 1 Closure to increase the total amount of said contract by $669,095 to $8,272,628. Add (50) fifty working days for a total of 410 working days to complete the work under said contract.

57.           Receive a presentation from the Health and Human Services Agency regarding an update on the Household Tank Program. Terminate the Household Tank Program as of June 30, 2017. Direct staff to develop a Memorandum of Understanding with Self Help Enterprises to govern the transition of the Household Tank Program to a Self Help Enterprises successor program as of July 1, 2017.  Authorize the Emergency Services Manager to take necessary and appropriate actions for this transition effective as of July 1, 2017. Lift the moratorium on new Household Tank Program tank installations until the program’s termination on June 30, 2017. Provide direction on any emergency drought relief to be provided by the County after July 1, 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: 1

Board of Supervisors Agenda Item today pertaining to the Public Hearing to Consider Franchised Hauler Collection and Ancillary Maximum Rate Increases.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Board of Supervisors Agenda Item today pertaining to an amendment to Agreement No. 27502 with Floyd Johnston Construction Company, Inc.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Seguin, Henry v. County of Tulare United States District Court, Eastern District of California: 1:16-cv-01262-DAD-SAB

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  SEIU Local 521 v. County of Tulare, 

Public Employment Relations Board Case No. SA-CE-894-M

ITEM E

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  Chief Probation Officer

ITEM F

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