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

 

 

October 31, 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.               Presentation given by Paul Yoder, Shaw/Yoder/Antwih, Inc. regarding an update on State Legislation.

3.               Presentation of the 2017 CSAC Challenge Award to Tulare County showing innovation in the area of Government Finance, Administration, and Technology for the development of the project Foxtrot Fire App by the Tulare County Information Technology and the Tulare County Fire Department.

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.               PUBLIC HEARING:   Request from the Resource Management Agency to consider the request for a cancellation of Land Conservation Contract No. 8104 on Agricultural Preserve No. 2710, 17.8 acres on one parcel owned by O’Sullivan Family Trust (Thomas J. & Deborah L. O’Sullivan). The project is located on the west side of the Friant-Kern Canal and approximately 330 feet south of Avenue 178, north of the City of Porterville. (Assessor Parcel Number 243-101-006, located in Section 9, Township 21S, Range 27E, M.D.B.&M.). Determine that there is no substantial evidence that the project will have a significant effect on the environment and that the Notice of Exemption prepared for the project reflects the independent judgment of the County. Authorize the Environmental Assessment Officer of the Tulare County Resource Management Agency to file a Notice of Exemption with the Tulare County Clerk Recorder. Determine that the cancellation is consistent with the purposes of the Williamson Act. Determine and certify to the County Auditor the cancellation fee amount shall be $32,250. The fee amount will be equal to 12.5% of the Current Fair Market Value of $258,000. Adopt the conditions of approval for tentative cancellation. Direct the Tulare County Clerk of the Board of Supervisors to record a Certificate of Tentative Cancellation in the Office of the Tulare County Clerk Recorder. Authorize the Tulare County Clerk of the Board of Supervisors to execute the Final Certificate of Cancellation of Land Conservation Contract No. 8104 upon which time the conditions and contingencies have been satisfied as enumerated in the Certificate of Tentative Cancellation. Direct the Tulare County Clerk of the Board of Supervisors to record the executed Certificate of Final Cancellation in the Office of the Tulare County Clerk Recorder.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 25)

 

 

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.

 

Auditor-Controller/Treasurer-Tax Collector

6.               Approve Lindsay-Strathmore Memorial District's request to replace their annual audit with a biennial audit (Unanimous vote required).

Board of Supervisors

7.               Ratify the following Proclamation: Recognizing Sheriff Mike Boudreaux's Exemplary Service to the Boy Scouts of America.

8.               Reappoint Bud Darwin, Community Based Organization to the Step Up Committee for a term ending September 1, 2019.

9.               Appoint Vicki Riddle as the At-Large Member to the Tulare County Youth Commission for a term ending June 30, 2020.

County Administrative Office/General Services

10.           Approve and authorize the Chairman to proclaim the month of November as "Court Adoption and Permanency Month" in Tulare County.

11.           Approve a Lease Agreement for space located at 8040 Doe Ave., Visalia, CA with Guillon, Inc. a California Corporation, effective November 1, 2017 through October 31, 2024.

District Attorney

12.           Authorize the Chairman of the Board to sign the attached Alternate Signature/Grant Electronic Management System User Authority form to designate the District Attorney and authorized staff to administer the Alcohol and Drug Impaired Driver Vertical Prosecution Program, for previously authorized Tulare County Agreement No. 28326.

Fire Department

13.           Approve a capital asset purchase of one (1) Power Roller Roll-n-Rack in an amount not to exceed $6,500. Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

14.           Accept funds from the Governor’s Office of Emergency Services for the Fiscal Year 2017 Emergency Management Performance Grant in an amount not to exceed $220,898, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to accept the grant funds as of July 1, 2017, and that it was in the County’s best interest to accept the funding on that date. Find that the Board has fulfilled the requirement to appropriate matching funds stipulated in the “Standard Assurances for All Cal OES Federal Grant Programs,” through adoption of the Fiscal Year 2017/2018 Budget on September 19, 2017.

15.           Approve an agreement with ExMed, Inc. for the provision of adult, adolescent, and child psychiatric services in an amount not to exceed $2,000,000 ($1,000,000 per Fiscal Year), retroactive from July 1, 2017 through June 30, 2019. 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.

16.           Approve an agreement with Turning Point of Central California, Inc. for the North County Mobile Unit to provide mental health services in an amount not to exceed $910,000, 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.

17.           Approve an agreement with Pena’s Disposal, Inc. for Recycle-Only Household Hazardous Waste Collection Facility in the town of Cutler, 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.           Authorize the designated Authorized Agents for the Fiscal Year 2017 State Homeland Security Grant to sign and submit the “Standard Assurances for All Cal OES Federal Grant Programs. Agree to provide all matching funds required for the grant project, and agree that any cash match will be appropriated, as necessary and required. That any liability arising out of the performance of this agreement shall be the responsibility of the County and the Board of Supervisors. That grant funds shall not be used to supplant expenditures controlled by the Board of Supervisors. 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.

Resource Management Agency

19.           Authorize the submission of a grant application for Fiscal Year 2016/2017 to the California Governor’s Office of Emergency Services for Proposition 1B funding for transit security enhancements in an amount not to exceed $92,320. Approve the Authorized Agent Signature Authority form. Approve the Transit System Safety and Security Disaster Response Account Program Assurances and Certifications.

20.           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 17-016 – Williamson Act Contract No. 3809, Ag Preserve No. 0866, located on the west side Road 64 extending to Road 62, approximately 1/8 mile north of Avenue 416, west of Dinuba (APN 012-220-022), (David L. and Barbara Ball) (1.10 acres to be non-renewed as a condition of PPM 17-032) (27.91 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 NonRenewal.

21.           Authorize the filing of a Notice of Partial Non-Renewal for the following one (1) Land Conservation Contract, as provided in the Williamson Act. The request fulfills a condition resulting from one (1) Tentative Parcel Map: WAN 17-019 – Williamson Act Contract No. 5506, Ag Preserve No. 2033, located approximately ⅛ mile west of Road 244, on the south side of Avenue 216, southeast of Lindsay (APN 216-030-009 and 216-030-012), (Constance Rohe & Donald Kellerhals) (1.50 acres to be non-renewed as a condition of PPM 17-034) (27.91 acres’ subject to contract amendment: 18.36 acres, Constance Rohe & Donald Kellerhals plus 9.55 acres, Leopoldo Gutierrez, adjacent parcel). 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 one (1) additional Land Conservation Contract amendment as required by a condition of the approval for the following project: PLA 17-018 – Williamson Act Contract No. 4333, Agricultural Preserve No. 1066, located on the north side of Avenue 240 extending to the south side of Avenue 248 approximately ¾ miles east of Road 152, south of Farmersville, (152-110-002, 152-110-003 & 152-120-002) (Victor Mendes) 225.82 acres’ subject to contract amendment.

22.           Authorize the Tulare County Resource Management Agency Director and Associate Director to execute all required documents of the Public Transportation Modernization Improvement and Service Enhancement Account Bond Program and any amendments thereto with the California Department of Public Transportation.

23.           FOR INFORMATION ONLY:   Bid opening results for the Ledbetter Park Improvement Project Phase II.

Contractor                                                     Bid Amount

Dawson-Mauldin Construction                          $503,339.67

JT2 Inc. DBA Todd Companies                        $532,683.60

Engineer’s Estimate                                      $379,266.50

Sheriff/Coroner

24.           Approve an agreement with the U.S. Department of Justice Office of Violence Against Women to receive funds to operate the Tulare County Safety and Accountability in Family Environments (SAFE) program in an amount not to exceed $450,000, retroactive from October 1, 2017 through September 30, 2020. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date. Approve the necessary budget adjustments (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

25.           Request from the Health and Human Services Agency to approve the acceptance of funds from the California Department of Public Health/California Tobacco Control Program for Fiscal Year 2017/2018 in an amount not to exceed $748,627, retroactive from July 1, 2017 through June 30, 2018. Find that the Board had the authority to accept the grant funds as of July 1, 2017, and that it was in the County’s best interest to accept the funding on that date. Authorize the Health and Human Services Director, or designee, to sign the Fiscal Year 2017/2018 Local Lead Agency Allocation Agreement and Prospective Payment Invoices. Approve the necessary budget adjustments for the Tobacco Control Program (4/5ths vote required). Authorize the Tulare County Auditor to establish an interest bearing Trust Fund for the deposit of State funds from Proposition 56. Approve a personnel resolution adding two Health Education Specialists to the Health and Human Services Agency effective November 12, 2017. If grant funding is not sufficient to fully fund these additional positions in future Fiscal Years, such positions shall be deleted so as not to incur any Net County Cost, unless there are extenuating circumstances justifying retention of the affected positions, at which time such positions shall be approved by the Board of Supervisors.

26.           Receive a report from the Solid Waste Department on the Franchise Assignment from Tule Trash Company to American Refuse for Franchise Area G. Direct staff to approve the assignment of Franchise Area G to American Refuse.

27.           Receive a report from the Solid Waste Department regarding material management of Construction and Demolition debris received at the County landfills.

28.           Request from the Board of Supervisors Staff to send a letter of support for immigration path to citizenship.

29.           Request from the County Administrative Office to approve an amendment to Agreement No. 27554 with Allen Law Firm, Inc. and the Law Office of Marcus Torigian to increase the overall compensation of the agreement by $1,100,000 for a total of $10,435,597.42 effective July 1, 2017 through December 31, 2018. Approve a necessary budget adjustment transfer in an amount not to exceed $1,480,300 from Miscellaneous Administration to Miscellaneous Criminal Justice to cover costs for Conflict Defender expenses (4/5ths vote required).

 (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 Agricultural Contract Cancellation WAC 16-005.

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 – INITIATION OF LITIGATION

[Government Code Section 54956.9(d)(4)]

Number of Potential Cases: 1

ITEM D

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 E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Steve Sassano v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ10363702, ADJ10545518

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.