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


CANDICE M. RUBY

Interim Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

June 20, 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 Supervisor matters.

2.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 3 through 51)

 

 

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

3.               Approve an agreement with California Department of Food and Agriculture for the Certified Farmers Market Inspections in an amount not to exceed $10,464, effective July 1, 2017 through June 30, 2018.

Auditor-Controller/Treasurer-Tax Collector

4.               Approve the Treasury-Tax Collector's Statement of Investment Policy, Fiscal Year 2017/2018, pursuant to Government Code 53646. Approve the renewal of authority to the Tulare County Treasury/Tax Collector to invest and reinvest the funds of Tulare County and funds of other depositors in the County Treasury, pursuant to Government Code 27000.1

5.               Approve an agreement with California Statewide Communities Development Authority to collect and distribute special assessments on the secured property tax roll in regards to the California Statewide Communities Development Authority Open Property Assessed Clean Energy Program.

6.               Approve an agreement with California Municipal Finance Authority to collect and distribute special assessments on the secured property tax roll in regards to the California Municipal Finance Authority Property Assessed Clean Energy Program.

7.               Approve an agreement with Consolidated Irrigation District to collect and distribute special assessments on the secured property tax roll.

Board of Supervisors

8.               Appoint Tamara Kelly, District 1 to the Tulare County Water Commission for a term ending April 30, 2019.

9.               Appoint Jason Britt, Health and Human Services Agency Director to the Tulare County Task Force on Homelessness for a term ending January 1, 2020.

10.           Appoint Bob Link, City of Visalia Representative, Mario Krstic, City of Farmersville, and Mark Wilder, City of Dinuba Representative to the Tulare County Task Force on Homelessness for terms ending January 1, 2019.

11.           Appoint Carmen Quevedo, Transit Authority Representative, Mary Alice Escarsega-Fechner, Community Action Agency Representative, Alan Knight, Law Enforcement Representative, Machael Smith, Kings/Tulare Homeless Alliance Representative, Ryan Stillwater, Faith Community Representative, and Joe Russell, Farm Bureau Representative to the Tulare County Task Force on Homelessness for terms ending January 1, 2020.

12.           Appoint Daniel Fox, Seat 4 to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2019.

13.           Ratify the proclamation honoring California Alliance of Paralegal Associations Paralegal Day Celebration.

14.           Approve the Step Up Youth Activities Grand Awards as recommended by the Tulare County Youth Commission. The Tulare County Youth Commission voted to recommend that the Tulare County Board of Supervisors award $80,000 in funding from the Step Up Youth Activities Grant Program as follows: District 1: Pesticide Action Network of North America for the El Quinto Sol de America - $10,000, District 2: Self Help Enterprises - $10,000; District 3: ACT for Women and Girls - $10,000, Tulare County Symphony League - $5,000; Christ Lutheran Church CLIP Arts Program - $5,000; District 4: Big Brothers Big Sisters - $10,000, Fotokids - $5,000, Family Services of Tulare County - $5,000; District 5: Porterville Strings - $10,000, Imagine Community Arts Center - $10,000. Determine that the 2017 Step Up Youth Activities Grant Awards are necessary to meet the social needs of the population of Tulare County, including but not limited to the areas of: education, health and welfare, and the needs of financially handicapped persons.

Child Support Services

15.           Approve an agreement with the California Department of Child Support Services regarding the use of an extra help attorney in an amount not to exceed $27,521, effective July 1, 2017 through June 30, 2018.

Clerk of the Board

16.           Approve the new or amended Conflict of Interest Code adopted by the following special district:

Health Care District

East Kaweah Groundwater Sustainability Agency

 

County Administrative Office/General Services

17.           Approve the Request for Proposals for Design-Build entities to design and construct the Tulare County Property & Evidence Relocation Project, subject to approval as to form by County Counsel. Authorize staff to request proposals from the three pre-qualified design-build entities and set the proposal due date as August 3, 2017 at 2:00 PM. Approve a Categorical Exemption consistent with the California Environmental Quality Act Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the California Environmental Quality Act 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 County Environmental Officer, or his designee, to file a Notice of Exemption with the Tulare County Clerk Recorder.

18.           Approve a Right of Way Vacation and Easement Acquisition agreement with the John Hancock Life Insurance Company, a Massachusetts Corporation, pertaining to County Avenue 24. Authorize County Counsel to sign the Easement Acceptance upon presentation. Direct the County Environmental Assessment Officer, or his designee, to file a Notice of Exemption with the Tulare County Clerk Recorder.

19.           Approve payment to LEHR for a past due invoice from Fiscal Year 2016/2017 in an amount not to exceed $116.12.

20.           Approve an agreement for Purchase of Real Property from Borghild Corporation in an amount not to exceed $500. Authorize County Counsel to sign the Easement Deed acceptance upon presentation. Direct the Auditor to draw a warrant in an amount not to exceed $500 in favor of Borghild Corporation.

21.           Approve an agreement for Purchase of Real Property from Harval Groves, LLC. in an amount not to exceed $2,200. Authorize County Counsel to sign the Easement Deed acceptance upon presentation. Direct the Auditor to draw a warrant in an amount not to exceed $2,200 in favor of Harval Govers, LLC.

District Attorney

22.           Approve a Memorandum of Understanding between the California Department of Insurance and the District Attorneys of Fresno, Tulare, Kings, Kern, Merced and Madera Counties, the Employment Development Department, and the Franchise Tax Board for a Workers' Compensation Insurance Fraud Task Force for the period of July 1, 2017 through June 30, 2018. Authorize the District Attorney to sign the Memorandum of Understanding.

23.           Approve a capital asset purchase of one vehicle for the Victim/Witness Assistance Program in an amount not to exceed $36,000. Approve the necessary budget adjustment (4/5ths vote required).

Fire Department

24.           Approve an agreement with Boy Scout Troop No. 924 to donate used medical equipment. Authorize the Fire Chief, or his designee, to donate and/or transfer the equipment as indicated in the agreement.

25.           Approve an agreement with Consulate General of Portugal to donate used fire protection equipment. Authorize the Fire Chief, or his designee, to donate and/or transfer the equipment as indicated in the agreement.

26.           Approve an agreement with Alta Pump Company to provide emergency repairs and maintenance for the Posey Fire Station in an amount not to exceed $1,373.88, retroactive from April 27, 2017 through July 31, 2017. Find that the Board had the authority to enter into the proposed agreement as of April 27, 2017, and that it was in the County's best interest to enter the agreement on that date.

Health & Human Services Agency

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

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

29.           Approve an agreement with Addiction Research and Treatment Inc. d.b.a BAART for the provision of outpatient methadone maintenance treatment program in an amount not to exceed $4,751,000, effective July 1, 2017 through June 30, 2018.

30.           Approve an agreement with Central Valley Recovery Services, Inc. Mothering Heights for the provision of substance use perinatal residential services in an amount not to exceed $311,900, effective July 1, 2017 through June 30, 2018.

31.           Approve an agreement with Central Valley Recovery Services, Inc. for the provision of substance abuse, residential, outpatient, and transitional services in an amount not to exceed $610,000, effective July 1, 2017 through June 30, 2018.

32.           Approve an agreement with Tulare Youth Service Bureau, Inc. for the provision of mental health services to Tulare County adolescents and children in an amount not to exceed $5,500,000, effective July 1, 2017 through June 30, 2018.

33.           Approve an agreement with Tulare Youth Service Bureau, Inc. for the Full Service Partnership Children’s program to provide mental health services in an amount not to exceed $1,300,000, effective July 1, 2017 through June 30, 2018.

34.           Accept the award for funding from the California Department of Public Health, Tuberculosis Control Branch, to support tuberculosis prevention and control in an amount not to exceed $112,920, effective July 1, 2017 through June 30, 2018.

35.           Approve an amendment to Agreement No. 26031 with Everbridge, Inc., to extend the term of the agreement through June 30, 2018 in an amount not to exceed $93,000.

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

37.           Approve an agreement with Aspiranet for the provision of Wraparound services in an amount not to exceed $1,750,000, effective July 1, 2017 through June 30, 2018.

38.           Approve an agreement with Central Valley Recovery Services, Inc. for provision of substance abuse treatment services to TulareWORKs clients in the amount not to exceed $208,925, effective July 1, 2017 through June 30, 2018.

39.           Approve an agreement with Aspiranet for the delivery of Transitional Housing Program Plus services in an amount not to exceed $234,722, effective July 1, 2017 through June 30, 2018.

Probation

40.           Approve an amendment to Agreement No. 27182 with Earlimart School District for the Campus Probation Officer Program to extend the term of the agreement to June 30, 2018 in an amount not to exceed $46,961.22.

41.           Approve an amendment to Agreement No. 26287 with Porterville Unified School District for the Campus Probation Officer Program to extend the term of the agreement to June 30, 2018 in an amount not to exceed $123,347.49.

42.           Approve the funding award of $25,000 from the Community Recidivism and Crime Reduction Services Grant Program as recommended by the Community Corrections Partnership to Turning Point of Central California, Inc. Approve the funding award of $25,000 from the Community Recidivism and Crime Reduction Services Grant Program as recommended by the Community Corrections Partnership to Pro-Youth Heart. Authorize the re-lease of the Request for Proposal for securing the services qualified contractors to provide a Community Recidivism and Crime Reduction Services Grant Program.

Resource Management Agency

43.           Approve an amendment to Agreement No. 26850 with Galvin Preservation Associates for Professional Environmental Engineering Consulting Services for the Mineral King (Oak Grove) Bridge Project to increase the original contract amount by $29,939.58, retroactive from August 11, 2016 through December 31, 2020. Find that the Board had authority to enter into the proposed amendment as of August 11, 2016 and that it was in the County’s best interest to enter into the amendment on that date.

44.           Approve an agreement with the State of California, Department of Transportation for capital assistance to purchase two buses in an amount not to exceed $352,349, 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. Authorize the Director of the Resource Management Agency, or his designee, to approve and sign invoices and requests for reimbursement under the standard agreement.

45.           Approve an amendment to Agreement No. 26846 with Cornerstone Structural Engineering Group, Inc. for Professional Engineering Consulting and Construction Support Services for the Mineral King (Oak Grove) Bridge Project to increase the original contract amount by $74,900, retroactive from August 11, 2016 through December 31, 2020. Find that the Board had authority to enter into the proposed amendment as of August 11, 2016, and that it was in the County’s best interest to enter into the amendment on that date.

46.           Authorize the filing of a Notice of Partial Non-Renewal for the following Land Conservation Contract, as provided in the Williamson Act. The request fulfills condition resulting from one (1) Tentative Parcel Map: WAN 17-006 – Williamson Act Contract No. 14435, Ag Preserve No. 4116, located on the northeast corner at the intersection of Avenue 404 and Road 28, east of Kingsburg (APN 028-030-008), (Clifford and Kathleen Hamada) (2.24 acres to be non-renewed as a condition of PPM 16-046) (58.76 acres subject to contract amendment). Approve the execution of an amendment to the Land Conservation Contract as a condition of approval for the aforementioned Partial Non-Renewal. Approve the execution of an amendment to one (1) additional Land Conservation Contract as required by a condition of approval for the following project: PPM 17-003 – Williamson Act Contract No. 2365, Agricultural Preserve No. 0106, located at the southeast corner of the intersection of Avenue 308 and Road 168, south of Ivanhoe, (APN 111-010-045) (Ritchie) 50.44 acres subject to contract amendment.

47.           Approve a Program Supplement agreement with the California Department of Transportation for the Preliminary Engineering Phase of the Road D39 Traver Canal Bridge Project in an amount not to exceed $423,000.

48.           Determine that excess Right of Way of Avenue 24 between Road 72 and Road 84 and south of the community of Allensworth, more particularly Legal Description, is unnecessary for present or prospective use and vacation thereof is in the public interest. Summarily vacate said excess right of way and order that said right of way be and is hereby vacated, reserving and excepting from an easement and right necessary to construct, maintain, operate, replace, remove, and/or renew public utility facilities. Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct the Environmental Officer to sign and file a Notice of Exemption with the Tulare County Clerk. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the Office of the Tulare County Assessor/Clerk Recorder.

49.           Authorize submittal of a Financial Assistance Application for $500,000 for a financing agreement from the State Water Resources Control Board for a Clean Water State Revolving Fund Grant and/or the Small Community Wastewater Grant for the planning and design of improvements to the Traver Wastewater Zone of Benefit. Authorize and direct the Director of the Resource Management Agency, or his/her designee, to file the Financial Assistance Application. Designate the Chairman of the Board, or his/her designee, to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto, subject to review and approval by County Counsel. Designate the Director of the Resource Management Agency, or his designee, to represent the County in carrying out the County’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the County and compliance with applicable state and federal laws.

Sheriff/Coroner

50.           Approve a Memorandum of Understanding between the Tulare County Sheriff's Office and the California State Parks Division of Boating and Waterways to provide financial reimbursement for Sheriff's Office training conducted for the period of July 1, 2017 through June 30, 2018.

Workforce Investment Board

51.           Authorize Step Up #LEAD Youth Program to be funded for $100,000 on July 1, 2017.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

52.           Receive a presentation from Auditor-Controller/Treasurer-Tax Collector Office regarding an overview of the functions and responsibilities of the Auditor-Controller/Treasurer-Tax Collector Office.

53.           Request from the Treasurer-Tax Collector to accept the Treasurer's Investment Pool's Comprehensive Annual Financial Report for Fiscal Year ended June 30, 2016.

54.           Request from the Resource Management Agency to approve and award the base bid contract to the lowest responsive and responsible bidder for construction of Avenue 280 Widening Project.  Approve and award the additive alternative bid items for construction of Avenue 280 Widening Project to the lowest responsive and responsible bidder, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License. Waive the bid irregularities that have been identified regarding the lowest responsive and responsible bidder. Allow funds for contingencies in an amount of $25,000 plus 5% of the contract amount over $250,000, to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or his designee, to approve contract change orders up to the amount of allowed funds for contingencies.

55.           Request from the Human Resources and Development Department to approve the tentative agreement and authorize such changes to the Memorandum of Understanding between the County of Tulare and the Tulare County District Attorney Investigators Association and the District Attorney Criminal Investigators Association of Tulare County, Bargaining Unit 5 and 22.

56.           Request from the Human Resources and Development Department to approve salary increases, other compensation change revisions to the Personnel Rules, and Employment Relations Policy for Unrepresented employees, County Elected Officials and the Board of Supervisors in accordance with the following: For Unrepresented employees, a 3% salary increase effective July 9, 2017 and a 2% salary increase effective July 8, 2018.  For County Elected Officials, a 3% salary increase commencing with the start of the first full pay period following adoption of the Annual Budget for Fiscal Year 2017/2018 and a 2% salary increase commencing with the start of the first full pay period following adoption of the Annual Budget for Fiscal Year 2018/2019. For the Board of Supervisors, a 3% salary increase effective with the start of the first full pay period following sixty (60) days after the adoption of the Annual Budget For Fiscal Year 2017/2018 and a 2% salary increase effective with the start of the first full pay period following sixty (60) days after the adoption of the Annual Budget for Fiscal Year 2018/2019. Continuation of the Sick Leave Buy Back program for calendar years 2018 and 2019 with payouts occurring in February 2019 and February 2020. Continuation of the County’s matching contribution ($1.00 County dollar contributed for every $4.00 employee dollars contributed, up to a maximum of $1,500 County dollars per calendar year) in the Deferred Compensation program. Continuation of the funding for the Minimum Benefit Amount for Health Plan Years 2018 and 2019 for employees participating in the health plan whose Benefit Amount may be less than the premium amount for $1,000 deductible employee-only plan. New policies from the Information and Communication Technology Department: Theft; Mobile Device; and Small Unmanned Aircraft Systems Policies.  This applies to Unrepresented employees upon adoption by the Board and completion of meet and confer for employees in represented Bargaining Units. Revisions to the Personnel Rules as detailed in the Resolution.  This applies to Unrepresented employees upon adoption by the Board and completion of meet and confer for employees in represented Bargaining Units.  Revisions to the Employment Relations Policy as detailed in the Resolution.  This applies to Unrepresented employees upon adoption by the Board and completion of meet and confer for employees in represented Bargaining Units.

57.           Request from the County Administrative Office to introduce and waive the first reading of an Ordinance amending Sections 1-3-2060 and 1-3-2061, and adding 1-3-2063 of Article 23 of Chapter 3 of Part 1, pertaining to Other County Offices. Unanimous vote at a regular meeting with all members present is required. Set the second reading for June 27, 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

See Board of Supervisors Agenda Item today asking to approve and award the base bid contract to the lowest responsive and responsible bidder for construction of Avenue 280 Widening Project. Approve and award the additive alternative bid items for construction of Avenue 280 Widening Project to the lowest responsive and responsible bidder.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Chan, Sr., Albert vs. County of Tulare, et al.  

Tulare County Superior Court Case No. VCU269829

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Levario, Cynthia v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ2433179, ADJ4429145

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Tulare Pediatric Health Care Center v. California Department 

of Health Care Services, Superior Court of California, County of Los Angeles, Case No. BS166705

ITEM F

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 G

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF: Chief Probation Officer

ITEM H

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