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

 

 

January 9, 2018

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

The Board of Supervisors meets simultaneously as the Board of Supervisors, the Board of Directors of all dependent Special Districts governed by the Board, and the Governing Body of each and every other public entity for which the Board of Supervisors serves as the Governing Body.

 

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.

 

Documents related to the items on this Agenda, submitted to the Board after distribution of the Agenda packet, are available for public inspection in the Board of Supervisors Office, 2800 W. Burrel Avenue, Visalia, CA during normal business hours.  Such documents are also available online, subject to staff's ability to post the documents before the meeting, at the following website: www.co.tulare.ca.us/countygovernment/boardofsupervisors/boardagendas

 

As a courtesy to those in attendance, please turn off or place in alert mode all cell phones and pagers.

 

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk of the Board's Office at (559) 636-5000


(Public Comment Period)

 

1.               Election of the Chairman and Vice Chairman of the Board of Supervisors for the year 2018.

2.               Board of Supervisors matters.

3.               Recognize the Golden West High School Football Team as the 2017 Central Section Division IV Champions.

4.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 36)

 

 

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

5.               Waive the second reading and adopt an ordinance amending Article 11 of Chapter 3 of Part I and section 1-23-1020 of the Ordinance Code, pertaining to transient occupancy taxes. Direct the Clerk of the Board of Supervisors to publish a summary of the ordinance and post a full copy of the ordinance after adoption as required by law.

Board of Supervisors

6.               Approve the 2018 Board of Supervisors Committee Assignments.

7.               Cancel the following meetings for the Board of Supervisors during 2018:

January 16                        June 12                            November 20                                       

February 20                      July 3                               November 27

March 27                          July 10                              December25

April 17                             August 14                        

May 29                             September 4

8.               Appoint the following in Lieu of Election to the St. Johns Water District for terms ending November 30, 2021: Larry Ritchie and Eric Shannon.  The only persons filing Declarations of Candidacy were the incumbents for the divisions in which an election was scheduled to be held.

9.               Appoint Carlene Ringius as a Trustee to the Tulare Public Cemetery District for term ending January 6, 2020.

10.           Appoint John Elliot as a Director to the Tulare County Planning Commission for a term ending December 31, 2021.

11.           Reappoint Ursula Ybarra as the District 5 Regular Commissioner to the Housing Authority of the County of Tulare for a term ending December 18, 2021.

12.           Reappoint Laurie Eberle as the Rescue Group Representative to the Tulare County Animal Services Advisory Committee for a term ending January 1, 2021.

Clerk of the Board

13.           Correct the term ending dates for the following appointments to the Tulare County Animal Services Advisory Committee: Jamie London, District 1, Cheryl Spano, District 3, Deborah Sanchez, District 5, Karen Bodner, At-Large Member, Darla Kaiser, At-Large Member and Gina Rizza, At-Large Member to reflect the term ending dates as January 1, 2019.

County Administrative Office

14.           Approve an amendment to Agreement No. 21234 with First 5 Tulare County to extend the term of the agreement for support services to 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.

County Counsel/Risk Management

15.           Adopt the revised Injury & Illness Prevention Program and Code of Safe Practices.

General Services Agency

16.           Approve an agreement with Community Services Employment Training, Inc. for property located at 12691 Avenue 408, Cutler retroactive from October 8, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of October 8, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

Health & Human Services Agency

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

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

19.           Approve pursuit of public health accreditation by the Health & Human Services Agency Public Health Branch. Approve the attached letter in support of public health accreditation.

20.           Approve the necessary budget adjustments for the Tobacco Control Program (4/5ths vote required).

21.           Approve the Memorandum of Understanding with Proteus and Esperanza Foster Family Agencies to provide services on behalf of Tulare County Child Welfare Service’s foster children through cooperation, collaboration, and sharing of appropriate information effective upon Board approval and signature through June 30, 2019.

22.           Approve an agreement with Psynergy Programs, Inc. for the provision of residential and specialty mental health services in an amount not to exceed $3,600,000, 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.

23.           Approve an agreement with Kings View Corporation for the South County Mobile Services Program to provide mental health services in an amount not to exceed $850,000, 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. Approve a capital asset purchase for a wheelchair accessible van in an amount not to exceed $50,000. Approve the necessary budget adjustments (4/5ths vote required).

24.           Approve an agreement with the Centers for Disease Control and Prevention for the Public Health Associate Program retroactive from October 2, 2017 through September 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of October 2, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

25.           Approve an agreement with the Department of Health Care Services for combined Drug/Medi-Cal and Net Negotiated Funds to provide Substance Use Disorder services to receive funding in an amount not to exceed $17,616,408, 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.

Information & Communications Technology

26.           Approve a purchase from the Visalia Convention Center for use of meeting space and amenities in an amount not to exceed $162, from August 15, 2017 through August 18, 2017. Find that the Board had the authority to approve this purchase as of August 15, 2017, and that it was in the County’s best interest to approve the purchase on that date.

27.           Approve a renewal of Proofpoint licenses and maintenance from SHI International Corp. in an amount not to exceed $106,000, for the time period of March 9, 2018 through March 8, 2019.

28.           Approve an agreement with Sovos Compliance, LLC to provide Taxport AP access in an amount not to exceed $9,700, retroactive from September 22, 2017 through March 31, 2022. Find that the Board had the authority to enter into the proposed agreement as of September 22, 2017, and that it was in the County’s best interest to enter into agreement on that date.

Resource Management Agency

29.           Approve an agreement with the City of Visalia for Construction Administration work and reimbursement for their staff time for the Avenue 280 Widening Project – Segment 1 retroactive from October 6, 2017. Find that the Board had the authority to enter into the proposed agreement as of October 6, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

30.           Approve an amendment to Agreement No. 28209 with the California Department of Fish and Wildlife to permit the construction contractor to remove up to 8 on-site eucalyptus trees as necessary to complete construction of the D39 Traver Canal Bridge Project and allow the County to adopt a Revegetation Plan to perform off-site mitigation. Authorize the Chairman of the Board of Supervisors to delegate signing of the Revegetation Plan to the Director of the Resource Management Agency.

31.           Approve an agreement for Purchase of Real Property from Thomas and Debra O’Sullivan for Avenue 152 Safety Improvement Project in an amount not to exceed $9,550. Authorize County Counsel to sign the Grant Deed Acceptance upon presentation. Authorize the Resource Management Agency Director, or designee, to open escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in an amount not to exceed $11,550 in favor of First American Title Company.

32.           Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (General Rule Exemption per Section 15300.4 and Section 15301, Application by Public Agencies, for the 2018 Road Repair and Accountability Act Project 1. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Categorical Exemption with the County Clerk Recorder. Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the 2018 Road Repair and Accountability Act Project 1. Approve the advertisement for bids of the 2018 Road Repair and Accountability Act Project 1.

33.           Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (General Rule Exemption per Section 15300.4 and Section 15301, Application by Public Agencies, for the 2018 Road Repair and Accountability Act Project 2. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Categorical Exemption with the County Clerk Recorder. Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the 2018 Road Repair and Accountability Act Project 2. Approve the advertisement for bids of the 2018 Road Repair and Accountability Act Project 2.

Sheriff/Coroner

34.           Approve payment for a renewal agreement with NEC Corporation of America, for Automated Fingerprint Identification System maintenance and repair services, in an amount not to exceed $106,373, retroactive from November 23, 2017 through November 22, 2018. Find that the Board had the authority to enter into the agreement as of November 23, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

35.           Approve a capital asset purchase for a thermal imaging camera system in an amount not to exceed $500,000.

Workforce Investment Board

36.           Appoint the following individual to the Workforce Investment Board of Tulare County Board of Directors in the noted category: Sofia Morales, Wagner-Peyser, State of California Employment Development Department for a term ending June 30, 2018.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

37.           Receive a presentation from the Arts Consortium regarding extending their designation as the official arts council of Tulare County. Extend designation to the Arts Consortium as the official arts council of Tulare County retroactive from January 1, 2018 through December 31, 2018. Find that the Board had the authority to enter in the proposed agreement as of January 1, 2018 and that it was in the County's best interest to enter into the agreement on that date.

38.           Request from the Auditor-Controller/Treasurer-Tax Collector to approve revision of employment standards for the position of Assistant County Auditor-Controller (Class Code: 003302) to require a Bachelors degree with major study in accounting, public or business administration and a CPA License. Approve revision of the License requirements for the position of Chief of Financial Reporting and Auditing (Class Code: 026202) to remove the CPA License requirement. Approve revision of desirable employment standards for the position of Chief of Financial Reporting and Auditing (Class Code: 026202) to include: (1.) A CPA License or MBA degree as a highly desirable standard; (2.) Attendance at GFOA workshops and trainings.

39.           Request from the Human Resources and Development Department to authorize to overfill a vacant Office Assistant III-K allocated position with a Senior Account Clerk-K classification.

40.           Request from the Health and Human Services Agency to approve the revision of two (2) At-Will Job Specifications within Tulare County Health and Human Services Agency; Deputy HHS Director – Health Operations single allocation # 07940 and Deputy HHS Director – Public Health single allocation #05408.

41.           Request from the Resource Management Agency to reaffirm the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Declared Emergency/Emergency Project Exemption per Public Resources Code Sec. 21080(b)(3) & State CEQA Guidelines Sec. 15269(a); Existing Facilities Exemption per State CEQA Guidelines 15301(d); Replacement or Reconstruction Exemption per State CEQA Guidelines 15302(c); and New Construction or Conversion of Small Structures per State CEQA Guidelines 15303(d)), for the Seville and Yettem Water System Improvements Project.  Approve the Plans, Specifications, Proposal and Contract (“Bid Documents”) for the construction of Phase 1 of the Seville and Yettem Water System Project, subject to review and approval by County Counsel. Approve the advertisement for bids of Phase 1 of the Seville and Yettem Water System Project. Receive a presentation on the Seville and Yettem Water System Project.

42.           Request from the Resource Management Agency to approve a Memorandum of Understanding with Self Help Enterprises and Tulare County Association of Governments for improvements associated with Sequoia Commons affordable housing in Goshen.

 (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 – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: 41855 Bear Creek Rd., Springville, CA 93265

Agency Negotiators: Reed Schenke, Hernan Beltran and Mike Spata

Negotiating Parties: John and Najia Kenehan

Under Negotiation: Price and Terms of Payment

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 – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Claim of Melba Aguirre et al.

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

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.