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

 

 

August 22, 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.               Present Proclamation to recognize Margaret Wells for her heroic efforts in rescuing an occupant from a structure fire.

3.               Present Proclamation to adopt the month of August 2017 as "Valley Fever Awareness Month" in Tulare County.

4.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 45)

 

 

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.               Appoint Dale H. Asman, Seat 5 - Consumer to the Tulare County Mental Health Board for a term ending December 31, 2018.

6.               Approve the Step Up Youth Activities Grant Award as recommended by the Tulare County Youth Commission. The Tulare County Youth Commission voted to recommend that the Tulare County Board of Supervisors award $10,000 in funding from the Step Up Youth Activities Grant Program as follows: District 2 – Tulare Lake Basin Wildlife Partners, $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.

County Administrative Office/General Services

7.               Approve an agreement with CEPA Operations, Inc. to provide negative air pressure testing in an amount not to exceed $3,000, retroactive from March 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of March 1, 2017, 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.

8.               Approve payment to United Refrigeration, Inc. for refrigeration equipment and accessories received in an amount not to exceed $3,018.65 in Fiscal Year 2016/2017.

9.               Approve a payment to AAA Quality Services, Inc. for services rendered for septic pump services in an amount not to exceed $3,521.46 in Fiscal Year 2016/2017.

10.           Approve an amendment to Agreement No. 27574 with Bernards Bros., Inc. to increase the agreement amount by $18,864, from $52,442,000 to $52,460,864, subject to review and approval as to form by County Counsel.

District Attorney

11.           Ratify and approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing Program, 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.

Fire Department

12.           Approve and authorize the various specialized equipment and vehicle capital asset purchases, approved in Fiscal Year 2016/2017 which will not be received until Fiscal Year 2017/2018.

13.           Approve a grant award agreement with the California Department of Forestry and Fire Protection for the Volunteer Fire Assistance Grant in an amount not to exceed $20,000. Authorize the Fire Chief, or his designee, to sign any related grant certification forms as required under the terms of the grant agreement.

Health & Human Services Agency

14.           Approve an agreement with Aspiranet for the provision of a pre and post adoption services program in an amount not to exceed $119,250, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County's best interest to enter into the agreement on that date.

15.           Authorize the submission of a 2017 Technical Assistance Grant Application to the State of California, Department of Housing and Community Development, No Place Like Home Program in an amount not to exceed $100,000 in funding. Authorize the Tulare County Director of Mental Health, or designee, to sign the No Place Like Home Program, 2017 Technical Assistance Grant Application, and act on the Agency’s behalf in all matters pertaining to the application.

16.           Approve an agreement with Tulare County Superintendent of Schools to provide Foster Youth liaison staff in an amount not to exceed $239,095, retroactive from July 1, 2017 through June 30, 2020. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

17.           Approve an agreement with Tulare County Superintendent of Schools for the provision of Children of Promise Program in an amount not to exceed $288,227, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

18.           Approve an agreement with Tulare County Superintendent of Schools for the provision of Primary Intervention Program in an amount not to exceed $451,095, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

19.           Approve an agreement with Imperial Locum Services, APC for the provision of adult, adolescent, and child psychiatric services in Tulare County Mental Health Clinics in an amount not to exceed $400,000, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

20.           Approve an agreement with Tulare Youth Service Bureau, Inc. to provide Parent-Child Interaction Therapy through Family Interaction Program for the benefit of Tulare County Consumers in an amount not to exceed $136,884, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

21.           Approve an agreement with Family Builders Foster Care, Inc. for the provision to provide Therapeutic Behavior Services in an amount not to exceed $900,000 ($300,000 per Fiscal Year), retroactive from July 1, 2017 through June 30, 2020. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

22.           Approve an agreement with Tulare Youth Service Bureau, Inc. for the provision of the Maternal Mental Health Program in an amount not to exceed $298,559, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

23.           Approve an agreement with Davis Guest Home, Inc. for the provision of resident care facility in an amount not to exceed $150,000, retroactive from July 1, 2017 through June 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

24.           Approve an agreement with Uplift Family Services for the provision of Crossroads Transitional Age Youth Housing Program in an amount not to exceed $540,120, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

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

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

27.           Authorize Tulare County Health and Human Services Agency, Mental Health Branch Alcohol and Drug Programs to submit a draft Drug Medi-Cal Organized Delivery System implementation plan with no financial commitment to the California Department of Health Care Services.

28.           Authorize the submittal of an application to the Governor’s Office of Emergency Services for the Fiscal Year 2017 Emergency Management Performance Grant in an amount not to exceed $220,898. Authorize the Emergency Services Manager to execute the “California Governor’s Office of Emergency Services Grant Subaward Face Sheet,” as a component of the application for the Emergency Management Performance Grant. Authorize the Chairman of the Board to execute two (2) copies of the “Standard Assurances for All Cal OES Federal Grant Programs” in order to submit the Fiscal Year 2017 Emergency Management Performance Grant. Authorize the Chairman of the Board to sign five (5) copies of the Governing Body Resolution to appoint authorized agents to act on behalf of the Tulare Operational Area in securing and administering grant funds. Agree, upon formal acceptance of the award by the Board: (a) To provide all matching funds required for the grant project, and agree that any cash match will be appropriated, as necessary and required; (b) That any liability arising out of the performance of this agreement shall be the responsibility of the County and the Board of Supervisors; (c) That grant funds shall not be used to supplant expenditures controlled by the Board of Supervisors; and (d) the official executing the “Standard Assurances for All CalOES Federal Grant Programs” as part of the grant application is, in fact, authorized to do so.

29.           Approve a Memorandum of Understanding with the California Ventura Automated Collection System Association for Tulare County’s participation in the fourteen-county consortium in an amount not to exceed $13,624, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

30.           Approve agreements with Burton Elementary, Woodlake Family Resource Center, Sundale Union, Sunnyside Union Elementary, Strathmore Union Elementary, and Pixley Union school districts for Tulare County Health & Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their participating entities, referred to as Medi-Cal Administrative Activities Claiming Units, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreements as of July 1, 2017, and that it was in the County’s best interest to enter into the agreements on that date.

Information & Communications Technology

31.           Approve the capital asset purchase of CommVault software, services and maintenance from Development Group, Inc. in an amount not to exceed $600,000.

Probation

32.           Approve an amendment to Agreement No. 27133 with Sequoia Riverlands Trust to extend the term of the agreement to June 30, 2018. Find that the Board had the authority to enter into the proposed amendment as of July 1, 2017, and that it was in the County’s best interest to enter into the amendment on that date.

33.           Approve an agreement with Government Payment Service, Inc. d.b.a “GovPayNet” for the purpose of accepting credit and/or debit card payments, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

Resource Management Agency

34.           Approve the execution of an amendment to the following Land Conservation Contract. The request fulfills a condition resulting from Tentative Parcel Map No. PPM 17-018. Williamson Act Land Conservation Contract No. 4910, Ag Preserve No. 2006, located on the north side of Avenue 328, east of Road 112, and south of Avenue 340, north of Visalia (APNs: 048-090-010, 048-100-042, 078-020-010, 078-020-011, 078-030-001 and 078-040-010), (Michael Chrisman, Barbara Chrisman, Stephan I. Chrisman, Patricia L. Chrisman) on 637.43 acres.

35.           Approve the execution of an amendment to the following Land Conservation Contract. The request fulfills a condition resulting from Tentative Parcel Map No. PPM 16-043. Williamson Act Land Conservation Contract No. 10252, Ag Preserve No. 3480, located on the northwest corner of Road 168 and Avenue 64, continuing to Road 160, east of Earlimart (APNs: 319-060-014 and 319-060-030), (John V. Zaninovich Trustee of the John V. Zaninovich Trust, Andrea Z. Bland Trustee of the Andrea M. Zaninovich Trust, Victoria A. Zaninovich Trustee of the Victoria Anne Zaninovich Trust, Katherine A. Martin Trustee of the Katherine Martin Trust, Annette M. Biohm Trustee of the Annette M. Biohm Trust, Joseph M. Zaninovich Trustee of the JMZ Trust, Ryan Zaninovich Trustee of the Ryan Zaninovich Trust) on 437 acres.

36.           Authorize the filing of Notices of Partial Non-Renewal for the following six (6) Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from two (2) Tentative Parcel Maps & four (4) Lot Line Adjustment maps: WAN 17-004 – Williamson Act Contract No. 6170, Ag. Preserve No. 1794, located at 233 Avenue 190, on the south side of Avenue190, approximately 1,014 feet east of Orange Belt Drive, near Strathmore (APN 243-050-020) (The Anne M. Minter Living Trust) (1.13-acres to be Non-Renewed as a condition of PPM 17-007) (20.32 acres are subject to contract amendment). WAN 17-007 – Williamson Act Contract No. 4987, Ag. Preserve No. 1713, located at 38490 Road 68, on the northeast corner of Road 68 and Avenue 384, outside Dinuba (APN 029-250-039 & -035) (Robert Hilts & Sharon Hilts) (1.08 acres to be Non-Renewed as a condition of PLA 17-013) (30.81 acres are subject to contract amendment). WAN 17-010 – Williamson Act Contract No. 5272, Ag. Preserve No. 1666, located at 18234 Road 144, on the southeast corner of Avenue 184 and Road 144, southeast of Tulare (APN: 232-040-002) (Tiffany Anne Penn, Nathan Joseph Lerda & Joseph John Lerda) (4.00 acres to be Non-Renewed as a condition of PPM 17-016) (75.50 acres are subject to contract amendment). WAN 17-011 – Williamson Act Contract No. 10162, Ag. Preserve No. 3513, located at 22923 Avenue 192, on the southeast corner of Avenue 192 and Road 228, south of Strathmore (APN: 243-030-057) (Robert W. Bergen) (3.70 acres to be Non-Renewed as a condition of PLA 17-002) (39.66 acres are subject to contract amendment). WAN 17-012 – Williamson Act Contract No. 5810, Ag. Preserve No. 1759, located at 41911 Road 136, on west side of Road 136, at the intersection of Road 136 and Avenue 420, east of Orosi (APN’S: 025-200-004 & 025-200-005) (Andea Espitia) (4.78 acres to be Non-Renewed as a condition of PLA 17-014) (35.00 acres are subject to contract amendment). WAN 17-013 – Williamson Act Contract No. 6081, Ag. Preserve No. 1598, located at 13806 Avenue 400, on the north side of Avenue 400, approximately 50 feet west of Road 140, east of Cutler (APN: 035-090-019) (US Meika Corporation, Toshio Nagai) (1.14 acres to be Non-Renewed as a condition of PLA 16-029) (16.28 acres are subject to contract amendment). Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial Non-Renewals.

37.           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 a condition resulting from one (1) Tentative Parcel Map: WAN 17-015 – Williamson Act Contract No. 3803, Ag Preserve No. 852, located on the south side of Avenue 288 (West Marinette Ave.), approximately ¼ mile east of Road 180 (North Anderson Rd.) west of Exeter (APN 133-230-003), (Emmett Ferrel Schultz and Fereleen Ellen Schultz) (1 acre to be non-renewed as a condition of PPM 12-035) (28.09 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.

38.           Authorize and direct the Resource Management Agency Director, or the Associate Director, to sign draw requests and any other documents necessary or required by the State Department of Housing and Community Development HOME Investment Partnerships Program for Program Income funded Programs, Projects and Program Income Administrative expenditures.

39.           Reaffirm the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. CEQA Guidelines Secs. 15 Cal. Code Reg. Section 15301(f) Existing Facility for the Navigation Aids at Sequoia Field Airport Project. Approve the Plans, Specifications, Proposal and Contract (“Bid Documents”) for the construction of the Navigation Aids at Sequoia Field Airport. Approve the advertisement for bids of the Navigation Aids at Sequoia Field Airport Project.

40.           FOR INFORMATION ONLY:  Bid opening results for the Terra Bella and Richgrove Road Improvement Project.

Contractor                                                     Bid Amount

Agee Construction Corporation                      $1,011,211.00

MAC General Engineering Inc.                       $1,058,314.00

Lee’s Paving Inc.                                           $1,233,535.40

Avison Construction Inc.                                $1,271,286.00

Engineer’s Estimate                                    $1,114,870.00

 

Sheriff/Coroner

41.           Approve an amendment to Agreement No. 25630 with the United States Army Corps of Engineers for law enforcement services at Success Lake Recreation Area, in an amount not to exceed $72,988, retroactive from April 1, 2017 through September 7, 2017. Find that the Board had the authority to enter into the proposed amendment as of April 1, 2017, and that it was in the County’s best interest to enter into the amendment on that date.

42.           Approve an amendment to Agreement No. 28047 with the Tulare Joint Union High School District to provide a school resource officer for Accelerated Charter High School in an amount not to exceed $56,015, retroactive from June 30, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of June 30, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

43.           Rescind resolution No. 2017-0513. Ratify and approve an agreement with Microcorre Diagnostic Laboratory to provide forensic pathology services to the Coroner’s Office in an amount not to exceed $300,000 per year, retroactive from July 1, 2017 through June 30, 2019.

Workforce Investment Board

44.           Approve and sign the Administrative Services agreement between the Workforce Investment Board of Tulare County and the Tulare County Board of Supervisors.

45.           Appoint the following individuals to the Workforce Investment Board of Tulare County Board of Directors in the noted categories: Lowell Richardson - Business - Senior Vice President Human Resources, California Dairies, Inc., Stan Carrizosa - Higher Education -Superintendent/President, College of Sequoias, Yolanda Valdez - Title II Adult Education and Literacy - Superintendent, Cutler-Orosi Joint Unified School District for terms ending June 30, 2019.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

46.           Request from the General Services Department to adopt a resolution declaring the intent to sell or lease the real property identified as Assessor’s Parcel Numbers 094-287-001 and 094-281-007, located near 210 N. Court Street in Visalia and referred to as Historic Courthouse Square, on the terms and with the selection process as delineated, “RFP Terms, Submission Process and Selection Process” (2/3rds vote required). Approve the Request for Proposals (RFP) for the development of the subject property, subject to review and approval as to form by County Counsel, and authorize staff to request proposals for the development of Historic Courthouse Square. Approve October 3, 2017 at 9:00 AM as the date and time at which sealed proposals to purchase or lease the subject property will be received and considered by the Board. Authorize the County Administrative Officer, or his designee, to publish the Notice of Intent to Sell or Lease Real Property once a week for three consecutive weeks pursuant to Government Code § 25528 and §6063. Authorize the County Administrative Officer, or his designee, to send the “General Plan Referral” letter to the City of Visalia pursuant to Government Code §65402 regarding the proposed sale or lease of the subject property. Appoint two Board members to review the proposals, assisted by staff, and make a subsequent recommendation to the Board of Supervisors. Approve an agreement with Self-Help Enterprises for request for proposal consulting services on the Historic Courthouse Square Project, retroactive from July 31, 2017 through December 31, 2017. Find that the Board had the authority to enter into the proposed agreement on July 31, 2017, 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.

47.           Tour of the Human Resources and Development Department and the unveiling of their Mural Wall.

 (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 INVOLVING A JOINT POWERS AGENCY

(Government Code Section 54956.96)

Name of JPA:  San Joaquin Valley Insurance Authority

Discussion will concern:  Existing Litigation against Gallagher Benefit Services

Name of Local agency representative on JPA board:  Supervisors Vander Poel, Worthley, & Crocker

Consultants or other representatives attending closed session:  County Administrative Officer, Human Resources Department Director, County Counsel

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Galindo vs. Tulare County, Tulare County Superior Court Porterville Division, Case No. 269397

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Rubio v. Vang

Tulare County Superior Court Case No. VCU270609

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Young, et al. v. County of Tulare, et al.

Tulare County Superior Court Case No. VCU269002

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Kathryn Moore v. County of Tulare

Workers’ Compensation Appeals Board No.:  ADJ10263554

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

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.