MEMBERS OF THE BOARD

 

KUYLER CROCKER – Vice Chairman

District One

 

PETE VANDER POEL

District Two

 

AMY SHUKLIAN

District Three

 

J. STEVEN WORTHLEY – Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

County Administrative Officer

 

DEANNE H. PETERSON

County Counsel


MELINDA BENTON

Interim Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

April 24, 2018

 

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)

 

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: bosagendas.co.tulare.ca.us

 

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, requests for disability-related modification or accommodation needed in order to participate in the meeting must be made to the Clerk of the Board of Supervisors (559) 636-5000 no later than Monday at 9:00 a.m.

1.               Board of Supervisors matters.

2.               Recognize Vanda L. Kennedy upon her retirement from the District Attorney's office for her many years of County Service.

3.               Recognize Judy Wiens upon her retirement from the Human Resources & Development Department for her many years of County Service.

4.               Service Award Presentations.

DISTRICT 1 - Supervisor Kuyler Crocker

 

NAME                                      DEPARTMENT                                                                SERVICE YEARS

Irayda Bautista                       Health and Human Services Agency                           15

Bernadette Elszy-Perez       Human Resources & Development                              15

Marie Kempf                           Health and Human Services Agency                           15

Timothy Kochendarfer          Assessor-Clerk Recorder                                                15

Francena Martinez                Health and Human Services Agency                           15

Stacy Mawhiney                    Auditor-Tax Collector                                                       15

Alicia Rodriguez                    Health and Human Services Agency                           15

Darlene Fitzgerald                Health and Human Services Agency                           20

John Lee                                 District Attorney                                                                20

Rhonda Sjostrom                  Human Resources & Development                              30

Eric Grant                                District Attorney                                                                30

                                                                                                                                             

DISTRICT 2 - Supervisor Pete Vander Poel

 

NAME                                      DEPARTMENT                                                                SERVICE YEARS Kimberly Machado Health and Human Services Agency                           15

Lydia Webster                        Health and Human Services Agency                           15

Jerry Hunziger                       District Attorney                                                                20

Rocio Rodriguez                   Health and Human Services Agency                           20

                                                                                                                                             

DISTRICT 3 - Supervisor Amy Shuklian

 

NAME                                      DEPARTMENT                                                                SERVICE YEARS

Anita Bivian                            Health and Human Services Agency                           25

Natalie Bolin                          Health and Human Services Agency                           15

Sharilyn Connelly-Withee   Co-Operative Extension                                                 15

Sherrane George                  District Attorney                                                                15

Nilsa Gonzalez                      Health and Human Services Agency                           15

Craig MacDonald                  District Attorney                                                                15

Darcy Massey                        Health and Human Services Agency                           15

Darrell Myers                          Sheriff's Department                                                       15

Sara Olmos                             Sheriff's Department                                                       15

Benjamin Quintana              Sheriff's Department                                                       15

Lucia Rodriguez                    Health and Human Services Agency                           15

Angela Sahagun                   Health and Human Services Agency                           15

Anita Spaulding                    Human Resources & Development                              15

Julie Stamper                         Sheriff's Department                                                       15

Laura Vitale                            Health and Human Services Agency                           15

Juliet Webb                            Health and Human Services Agency                           15

Lori Garcia                              Sheriff's Department                                                       20

Mark Gist                                 Sheriff's Department                                                       20

Daniel Garcia                         Public Defender                                                               25

 Joseph Campos                      Sheriff's Department                                                       30

Debbie Chamberlain            Sheriff's Department                                                       30

Kathleen Walker                    Public Defender                                                               30

Eric Velasquez                      District Attorney                                                                35

Vanda Kennedy                    District Attorney                                                                40

Joel Martens                           Health and Human Services Agency                           30

Jennifer Lightfoot                  District Attorney                                                                20

                                                                                                                                             

District 4 - Chairman Steve Worthley

 

NAME                                      DEPARTMENT                                                                SERVICE YEARS

Randy Coombs                      Health and Human Services Agency                           15

Florence Cotton                     Sheriff's Department                                                       15

Andrea Longoria                   Health and Human Services Agency                           15

Janie Lopez                            Health and Human Services Agency                           15

Martha Marroquin                  Health and Human Services Agency                           15

Maria Garibay                         Health and Human Services Agency                           20

Valerie Toews                        Health and Human Services Agency                           20

Margaret Venegas                 Health and Human Services Agency                           25

Lorrie Welch                           Health and Human Services Agency                           20

Jaime Zuniga                         Health and Human Services Agency                           20

Tom Guinn                             Sheriff's Department                                                       25

Lourdes Hernandez              Health and Human Services Agency                           25

Angelina Stanfill                   Health and Human Services Agency                           30

Harold Liles Jr.                       Sheriff's Department                                                       20

                                                                                                                                             

District 5 - Supervisor Mike Ennis

 

NAME                                      DEPARTMENT                                                                SERVICE YEARS Christina Aldaco     District Attorney                                                                15

Michael Boudreaux              Sheriff's Department                                                       30

Norma Chairez                      Health and Human Services Agency                           15

Paula Keeney                        Sheriff's Department                                                       20

Karen Hansen                       Health and Human Services Agency                           25

Judith McCulloch                  Health and Human Services Agency                           30

Scott O'Neill                            Sheriff's Department                                                       30

Michael T. Stelow                  Sheriff's Department                                                       15

5.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

6.               PUBLIC HEARING:   Request from the Resource Management Agency to determine the Tulare County Local Agency Management Program (LAMP) for Onsite Wastewater Treatments Systems (OWTS), including required amendments to the Ordinance Code, is exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Article 17 (Exemption for a Certified State Regulatory Program). Waive the second reading and adopt the proposed Amendments to the Ordinance Code of Tulare County (PZC 18-003) as required by the Local Agency Management Program (LAMP) as follows: Pertaining to sections 7-01-1320 through 7-15-1575 regarding minimum lot size, set back, and testing requirements for onsite wastewater treatment systems under the local agency management program. Direct the Clerk of the Board to publish once in the Visalia Times-Delta newspaper the summary of the ordinance amendments with the names of the Board of Supervisors voting for and against the amendment and to post a certified copy of the full ordinance amending the Ordinance Code of Tulare County with the names of the Board of Supervisors voting for and against the amendment, within fifteen (15) days as required by Section 25124 et. Seq. Direct the Environmental Assessment Officer of the Tulare Resource Management Agency to file a Notice of Exemption with the Clerk-Recorder.

7.               PUBLIC HEARING:   Request from the Resource Management Agency to approve the Proposed Fees for the Tulare County Resource Management Agency, effective July 1, 2018. Approve the fourth and final annual, prorated fee increases for Lot Line adjustment in the amount of $50. Approve the fourth of five annual, prorated fee increases for Notice of Partial Non-Renewals (Agricultural Reserve Program) in the amount of $30, Notice of Full Non-Renewal (Agricultural Preserve Program) in the amount of $20, and Tentative Parcel Map (1-4 lots) in the amount of $100. Approve the third of five annual, prorated fee increases for Setback Variances at the increased amount of $90 per year.

8.               PUBLIC HEARING:   Request from the Tulare County Library Department to adopt the fee adjustments for the Fiscal Year 2018/19. Adopt the fees recommended for the Tulare County Library Department. Authorize the Tulare County Library to implement the fees effective July 1, 2018.

9.               PUBLIC HEARING:   Request from the Agricultural Commissioner/Sealer Department for the proposed fee changes for the Agricultural Commissioner/Sealer. Approve the attached proposed fee schedule, effective July 1, 2018, for the Agricultural Commissioner/Sealer.

10.           PUBLIC HEARING:  Request from the Health & Human Services Agency to adopt the fee adjustments for Tulare County Health & Human Services Agency: Public Health, Fiscal Operations, Human Services, and Mental Health Branches for Fiscal Year 2018/2019. Adopt the fees recommended for the Tulare County Health & Human Services Agency: Public Health, Fiscal Operations, Human Services, and Mental Health Branches to cover costs. Authorize the Tulare County Health & Human Services Agency: Public Health, Fiscal Operations, Human Services, and Mental Health Branches to implement the fees effective July 1, 2018.

(Consent Calendar)

CONSENT CALENDAR (Numbers 11 through 43)

 

 

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

11.           Ratify a Proclamation Honoring Corky Anderson and James Douglas Anderson as the 2018 Tulare Kiwanis Farmers of the Year.

12.           Approve sending a letter of support for Senate Bill 495 - Amending the Fish and Game Code.

13.           Approve an Indemnification Agreement with Local Agency Formation Commission for the application to form the Yettem-Seville Community Services District.

14.           Adopt a resolution declaring April 25, 2018 as Denim Day in Tulare County.

County Administrative Office

15.           Ratify actions by the County Administrative Officer during the month of March 2018. 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.

County Counsel/Risk Management

16.           Approve an agreement with VeriClaim, Inc., to provide loss adjusting and claim management services as needed for Tulare County Risk Management in an amount not to exceed $75,000, retroactive from October 17, 2017 through June 30, 2020. Find that the Board had authority to enter into the proposed agreement as of October 17, 2017, and that it was in the County's best interest to enter into the agreement on that date.

District Attorney

17.           Rescind prior approved Agreement No. 28510, Resolution No. 2018-0093, and recognize the attached agreement, once countersigned, as the binding agreement. Approve an agreement with the California Office of Emergency Services for the Child Advocacy Center Program in an amount not to exceed $178,705, retroactive from April 1, 2018 through March 31, 2019. Find that the Board had authority to enter into the proposed agreement as of April 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

Fire Department

18.           Ratify the attendance of County staff and use of County equipment at the Silver Dollar Pancake Breakfast to raise funds for the March for Babies. Find that the Silver Dollar Pancake Breakfast assisted in meeting the social needs of the population of Tulare County.

General Services Agency

19.           Award the contract for the Health and Human Services Agency Farmersville Remodel Project to the lowest responsible bidder, Gary Interrante Construction Co., in the amount of $114,800. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract, subject to review and approval as to form by County Counsel.

20.           Approve an amendment to Agreement No. 28280 with ThyssenKrupp Elevator Corporation to extend the term of the agreement for one (1) year effective July 1, 2018 through June 30, 2019.

21.           Approve a Lease Agreement with Lloyd Turner for space located at 240 E. Honolulu St., Lindsay, CA, retroactive from August 11, 2017. Find that the Board had the authority to enter into the proposed agreement as of August 11, 2017, and that it was in the County's best interest to enter into the agreement on that date.

22.           Award the contract for the Central Road Yard Maintenance Building Roof Project to Durham Construction Company, Inc. in the amount of $219,757.25. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract, subject to review and approval as to form by County Counsel.

23.           Approve a Lease Agreement with Olivewood Properties, LLC, a California Limited Liability Company for space located at 248 Highway 65, Suites 248 and 250, Lindsay, California, retroactive from September 26, 2017. Find that the Board had the authority to enter into the proposed agreement as of September 26, 2017, and that it was in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

24.           Approve an agreement with PMDTC, LLC dba Town & Country Diagnostics to provide specialized x-ray imaging for Tuberculosis clients in an amount not to exceed $75,000, for three (3) years, retroactive from July 1, 2017 through June 30, 2020. Find that the Board had authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County's best interest to enter in to the agreement on that date.

25.           Approve the Memorandum of Understanding with A Positive Attitude Outlook, Inc. Foster Family Agency 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.

26.           Approve an agreement with Community Services Employment and Training, Inc. for the provision of a Differential Response Pre and Post Services Program in an amount not to exceed $175,000, effective July 1, 2018 through June 30, 2019.

27.           Approve an agreement with Central Valley Recovery Services, Inc. for provision of substance abuse treatment services to TulareWORKs clients in an amount not to exceed $208,925, effective July 1, 2018 through June 30, 2019.

28.           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, 2018 through June 30, 2019.

29.           Approve an agreement with Parenting Network, Inc. for the delivery of respite care services in an amount not to exceed $250,000, effective July 1, 2018 through June 30, 2019.

30.           Approve an agreement with Parenting Network, Inc. Family Resource Center for the provision of a Differential Response Pre and Post Services program in an amount not to exceed $281,000, effective July 1, 2018 through June 30, 2019 to serve in Visalia.

31.           Approve an agreement with Parenting Network, Inc. for the provision of a Parent Partner services program in an amount not to exceed $190,515, effective July 1, 2018 through June 30, 2019.

32.           Approve an agreement with the California State Department of Health Care Services for Net Negotiated Funds to provide Substance Use Disorder services to receive funding in an amount not to exceed $6,605,007, retroactive from July 1, 2017 through June 30, 2020. Find that the Board had 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.

33.           Approve a waiver of the bidding requirements under Ordinance Code Section 1-03-1305 for the purchase of a previously approved 7500 Fast DX Real Time PCR Instrument (Resolution 2017-0545) in an amount not to exceed $70,000 under criteria for a sole source purchase.

Information & Communications Technology

34.           Approve an agreement with Novacoast for eDirectory migration services in an amount not to exceed $94,924, for the time period of April 25, 2018, through June 1, 2019. Approve the necessary budget adjustments (4/5th vote required).

35.           Approve an amendment to Agreement No. 14242 with CGI Technologies and Solutions Inc. for the renewal of basic license and maintenance support for Advantage Financial (AFIN) software in an amount not to exceed $303,050, retroactive from April 1, 2018, through March 31, 2019. Find that that the Board had authority to enter into the amendment as of April 1, 2018, and that it was in the County’s best interests to enter into the amendment on that date.

36.           Approve an amendment to Agreement No. 14242 with CGI Technologies and Solutions Inc. for the renewal of Enhanced Maintenance Services for Advantage Financial (AFIN) software in an amount not to exceed $87,900, retroactive from April 1, 2018, through March 31, 2019. Find that that the Board had authority to enter into the amendment as of April 1, 2018, and that it was in the County’s best interests to enter into the amendment on that date.

Probation

37.           Approve an amendment to Agreement No. 27769 with the City of Dinuba for providing Non-custody Intake Program services in an amount not to exceed $16,120, for the period of July 1, 2018 through June 30, 2019.

38.           Approve an amendment to Agreement No. 28273 with Government Payment Service, Inc. (d/b/a GovPayNet) to extend the term of Agreement through June 30, 2019 for the purpose of accepting credit and/or debit card payments.

Resource Management Agency

39.           Approve an amendment to Agreement No. 26005 with Provost and Pritchard Consulting Group, Inc. to extend the term of the agreement from April 30, 2018 through December 31, 2018 for Engineering and Consulting Services for infrastructure improvements to the Seville and Yettem Water Systems.

40.           Approve Program Supplement Agreement with the California Department of Transportation for the construction phase of the Transit Operations and Maintenance Facility CNG fueling area in an amount not to exceed $1,850,000.

41.           Approve the attached Resolution designating and directing an Authorized Representative to apply for, make certain representations regarding, and accept financial assistance from the State Water Resources Control Board for the Yettem & Seville Water System Project.

Sheriff/Coroner

42.           Authorize the submission of an online grant application on April 30, 2018 to the California State Parks Division of Boating and Waterways for Fiscal Year 2018/19 to purchase two patrol boats and accompanying trailers and related equipment for the Sheriff's Boating and Safety Enforcement Unit in an amount not to exceed $320,233.

Solid Waste

43.           Accept the work for the construction of the Visalia Landfill Phase 3 Expansion as complete by Wood Bros., Inc. of Lemoore, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

44.           Receive a presentation from the General Services Agency regarding the results of the Countywide Beautification Competition. Announce the selected proposal and award a $1,000 prize to the winning employee. Direct staff to proceed with the construction of the selected proposal in an amount not to exceed $10,000.

45.           Request from the Resource Management Agency to identify road rehabilitation projects to be constructed using revenue from the California Road Maintenance and Rehabilitation Account funding through the Local Streets and Roads Program during Fiscal Year 2018/2019 as 2019 RRAA Project 1, 2019 RRAA Project 2, and 2019 RRAA Project 3. Direct staff to submit the identified 2019 RRAA Project 1, 2019 RRAA Project 2, and 2019 RRAA Project 3 information to the California Transportation Commission in accordance with the requirements of the Road Maintenance and Rehabilitation Account guidelines.

46.           Request from County Counsel to approve the attached Personnel Resolution to add 1.0 FTE Fiscal Manager position allocation.

47.           Request from the County Administrative Office to receive the financial information required by Government Code section 5852.1 concerning the proposed issuance and sale of Pension Obligation Bonds in the principal amount not to exceed $252,000,000. Adopt the attached Resolution authorizing the issuance and sale of one or more series of County of Tulare Taxable Pension Obligation Bonds in a principal amount not to exceed $252,000,000 by negotiated sale, approving the forms of and authorizing the execution and delivery of a Trust Agreement, a Bond Purchase Agreement, a Continuing Disclosure Certificate, a Preliminary Official Statement and an Official Statement, and approving related documents, official actions and other matters relating thereto.

 (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 today’s Board of Supervisors’ public agenda item, pertaining to The Local Agency Management Program (LAMP) and Amendments to the Ordinance Code of Tulare County (PZC 18-001)

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See today’s Board of Supervisors’ public agenda item, pertaining to Public Hearing considering Planning and Development Fee Adjustments

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See today’s Board of Supervisors’ public agenda item, pertaining to Public Hearing for Adoption of Library Fees

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See today’s Board of Supervisors’ public agenda item, pertaining to Proposed Fees for the Ag Commissioner for fiscal year 2018-2019

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See today’s Board of Supervisors’ public agenda item, pertaining to Public Hearing for Adoption of HHSA Fee Adjustments

ITEM F

CONFERENCE WITH LEGAL COUNSEL  ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Threatened litigation under Federal Voting Rights Act

ITEM G

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Erick Lopez v Tulare County, David Nguyen

Tulare County Superior Court Case No. VCU273298

ITEM I

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM J

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Lynette Encarnacion v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ1010819, ADJ3329123, ADJ3846136

ITEM K

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Claim of Josefa Zaragoza-Mendoza

ITEM L

 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM M

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees.