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

 

 

May 22, 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.               Present a Proclamation recognizing the importance of Organ Donation in Tulare County.

3.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.               PUBLIC HEARING:  Request from the Solid Waste Department to consider an increase to the Franchised Haulers maximum collection and ancillary rates for Service Areas A, B, C, D, E, G, H, and J in accordance with the calculation methodology set forth in Tulare County Franchise Agreements Number 27185, 27186, 27187, 27188, 27189, and 27190. Approve the recommended maximum collection and ancillary rates, effective July 1, 2018.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 35)

 

 

NOTICE TO THE PUBLIC

Background information has been provided to the Board on all matters listed under the Consent Agenda, and these items are considered to be routine by the Board.  All items under the Consent Agenda are normally approved by one motion.  If discussion is requested by any Board member or member of the public on any item, that item will be removed from the Consent Agenda.

 

Agricultural Commissioner/Sealer

5.               Approve an agreement with the California Department of Food and Agriculture for the multiyear detection and suppression of the Glassy-winged Sharpshooter (GWSS) in an amount not to exceed $800,000.00, effective June 1, 2018 through June 30, 2020.

Board of Supervisors

6.               Reappoint Christen Hastings, Community Representative Seat, Elvira Barron, Agency Representative Seat, Sherri Glenn, Community Representative Seat, Timberly Romero, Community Representative Seat, Darcy Massey, Agency Representative Seat, Teresa Ramos, At-Large Member Seat, Ruth Marquez, At-Large Member Seat, Karen Ball, Agency Representative Seat to the Tulare County Council on Child and Youth Development for terms ending June 30, 2020.

7.               Authorize the Step Up #LEAD Youth Program be funded for $100,000 on July 1, 2018.

County Counsel/Risk Management

8.               Authorize the Risk Manager to renew the County’s Excess Workers’ Compensation, General Liability and Optional Excess Liability, Aviation, Master Crime Policy, Watercraft, Property and Cyber Liability Insurance Programs through CSAC-EIA for the 2018/2019 policy years. Ratify the renewal of the following Programs: General Liability I & II, Excess Workers’ Compensation, Property, Master Crime Policy, Medical Malpractice, Aircraft and Airport Operations and find that it is in the County’s best interest to enter into these programs. Authorize the Risk Manager, in consultation with the County Administrative Office, to approve the payment of insurance program costs and premiums, upon receipt, unless directed otherwise by the Board of Supervisors. Authorize the Risk Manager to enter into an agreement with Bickmore and Associates for General Liability, Workers’ Compensation and Medical Malpractice actuarial services. CSAC-EIA contracts with Bickmore and Associates to provide low cost actuarial services.

District Attorney

9.               Receive grant funding from the California Office of Emergency Services for the Child Advocacy Center Program in an amount of $178,705, retroactive from April 1, 2018 through March 31, 2019.  Approve the capital asset purchase of one closed circuit video system in an amount not to exceed $15,950. Approve the necessary budget adjustments (4/5ths vote required).

General Services Agency

10.           Approve an amendment to Agreement No. 28348 with Blue Tech Water, dba Pacific Water Technologies to extend the term of the agreement for one (1) year effective July 1, 2018 through June 30, 2019. Authorize the Chairman to sign the amendment with Pacific Water Technologies, to continue to provide chemical water treatment for Tulare County facilities, subject to review and approval as to form by County Counsel.

Health & Human Services Agency

11.           Adopt a resolution proclaiming the month of June as “World Elder Abuse Awareness Month” in Tulare County.

12.           Approve an agreement with Agiloft, Inc. for the provision of contract management system software, effective upon Board signature and continuing for a one-year term, in an amount not to exceed $65,000 for the purchase of a contract lifecycle management system.

13.           Approve an agreement with the California Department of Public Health (CDPH), Immunization Branch to receive funding for the Tulare County Health & Human Services Agency (HHSA) to renew the provision for an immunization program in Tulare County in an amount not to exceed $768,970, retroactive from July 1, 2017 through June 30, 2022. 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.

14.           Ratify and approve a Grant Application Certification signed by Chairman of the Board, on April 12, 2018, with the Local Enforcement Agency Grant Program (Enforcement Agency Cycle 29) in an amount not to exceed $24,046, effective July 1, 2018 through June 30, 2019. Find that the Board had authority to submit the Application Certification, signed by the Chairman and dated April 12, 2018 and that it was in the County's best interest to submit the Application Certification. Authorize the Chairman of the Board or designee to sign and electronically submit in the name of Tulare County all grant documents, including but not limited to, amendments, and requests for payment necessary to secure grant funds and implement the approved grant project.

15.           Approve an agreement with the California Department of Health Services for the Medi-Cal Inmate Program, to allow Tulare County to draw down federal match for inpatient medical or psychiatric services in an amount not to exceed $1,254,389.38, effective July 1, 2018 through June 30, 2019.

16.           Approve an agreement with Parenting Network, Inc. for the provision of a Differential Response Pre and Post Services program to serve in Porterville in an amount not to exceed $186,000, effective July 1, 2018 through June 30, 2019.

17.           Approve an agreement with Visualutions, Inc. to provide maintenance and support of the Electronic Health Records (EHR) system for the Health Care Centers in an amount not to exceed $430,183, retroactive from July 1, 2017 to 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.

18.           Approve an amendment to Agreement No. 26210 with CEPA Operations, Inc. to reflect additional services provided to the Tulare County Public Health Laboratory retroactive from February 21, 2018 through June 30, 2019. Find that the Board had authority to enter into the proposed amendment as of February 21, 2018 and that it was in the County's best interest to enter into the amendment on that date.

19.           Approve the Mental Health Services Act, Connectedness 2 Community, Innovation Component Plan.

20.           Approve the Tulare County Mental Health Services Act, Metabolic Syndrome Project, Innovation Component Plan.

21.           Approve an agreement with the California Department of Education to receive funding for the Summer Food Service Program, in an amount not to exceed $6,100, effective June 15, 2018 through September 14, 2018.

22.           Approve an agreement with Community Services and Employment Training, Inc. for administration of the Housing Support Program in an amount not to exceed $382,088, effective July 1, 2018 through June 30, 2019.

23.           Approve a Memorandum of Understanding with the Superior Court of California, County of Tulare to provide monitoring and evaluation of clients in Mental Health Court in an amount not to exceed $20,656, retroactive from July 1, 2017 through June 30, 2018. The Tulare County Probation Department and the Tulare County Mental Health Branch have agreed to partner with the Superior Court to provide comprehensive substance abuse treatment, random and frequent drug testing, incentives and sanctions, clinical case management and ancillary services. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2017 and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

Resource Management Agency

24.           Introduce and waive the first reading of Text Amendments to Section 18.9 and Section 16 of Tulare County Ordinance No. 352, the Zoning Ordinance, and Map Amendments to rezone properties consistent with the Goshen Community Plan 2018 Update as follows: Zone Ordinance Amendment (PZC 15-009) to Section 18.9 of the Zoning Ordinance to adopt a Mixed-Use Overlay Combining Zone within Goshen. Zone Ordinance Amendment (PZC 18-002) to Section 16 of the Zoning Ordinance allowing additional by-right uses within Goshen. Zone Ordinance Amendment (PZC 15-008) as set forth in the Zoning District Ordinance Map (Rezoning Plan), consistent with the Goshen Community Plan 2018 Update. Approve the Ordinance Amendment summaries and direct the Clerk of the Board to publish such summaries and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date of June 5, 2018, as required by Section 25124 et. seq. Set the Public Hearing for June 5, 2018 at 9:30 a.m. or shortly thereafter as can be heard.

25.           Introduce and waive the first reading of an Amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 17-014, from R-3 (Multiple Family Residential) to C-3-MU (Service Commercial-Mixed Use), on eight parcels comprising approximately 1.37 acres (APNs 321-183-008, 010, -011, -012, -013, -014, -015, and -017), located on the north side of Ducor Avenue between Dennis Road and Carlisle Road in the community of Ducor. Set the Public Hearing for June 5, 2018 at 9:30 a.m. or shortly thereafter as can be heard.

26.           Introduce and waive the first reading of an Amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 17-013 to change the zone on approximately 2.71 acres from AE-20 (Exclusive Agriculture 20 acre minimum) to C-2 (General Commercial), on property located on the southwest corner of the intersection of Avenue 256 and Road 204, approximately 2.5 miles south of Exeter. Set the Public Hearing for June 5, 2018 at 9:30 a.m. or shortly thereafter as can be heard.

27.           Approve an amendment to Agreement No. 24367 with MV Transportation, Inc. to extend the term of the agreement from July 1, 2018 to September 30, 2018. Authorize the Chairman, or his designee, to sign the three (3) month-to-month extensions to the agreement for July 2018, August 2018 and September 2018. Authorize the Resource Management Agency Director, or his designee, to notify MV Transportation, Inc. of the extensions under Article 12.2 of Agreement No. 24367.

28.           Approve the Orosi High School Graduation event to be held on Thursday, June 7, 2018 from 3:00 p.m. to 11:00 p.m. in the unincorporated community of Orosi. Approve the Orosi High School Graduation event to be an on-going event for future years until such time as conditions of the event and/or the location change, and subject to timely submittals of complete application for each annual event.

29.           Approve an agreement with the State of California, acting by and through the Department of Transportation, for the exchange of Federal Transportation project funds amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year 2017/2018. Accept the $100,000 from the State as matching funds.

30.           Approve the Joint Funding Agreement with the United States Geological Survey (USGS) for water resources investigations in an amount not to exceed $20,400, retroactive from November 1, 2017 through October 31, 2018. Find that the Board had authority to enter into the proposed agreement as of November 1, 2017, and that it was in the Countys best interest to enter into the agreement on that date.

31.           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 Application by Public Agencies and Section 15301 Existing Facilities; respectively, for the Avenue 152 Safety Improvements Project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder. Approve the Plans, Special Provisions, Proposal and Contract (Bid Documents) for the construction of the Avenue 152 Safety Improvements Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Avenue 152 Safety Improvements Project.

32.           FOR INFORMATION ONLY: Bid Opening Results for D129 Sand Creek Bridge Replacement Project.

CONTRACTOR                                     BID AMOUNT

Agee Construction Corporation              $1,386,121.00

American Paving Company                    $1,472,620.00

Dawson-Mauldin Construction, Inc.        $1,611,038.00

MCM Construction, Inc.                         $1,639,775.00

Viking Construction Company                $1,734,775.00

 

Engineers Estimate                     $1,426,877.00

Sheriff/Coroner

33.           Approve a capital asset purchase of a storage server for Internal Affairs Pro/Blue Team Software in an amount not to exceed $25,500. Authorize the necessary budget adjustments (4/5ths vote required).

34.           Approve a Memorandum of Understanding for the Central Valley Regional Bomb Squad with participating agencies effective the date of last signature and ongoing until terminated, for the purpose of forming a cooperative partnership between the agencies to facilitate safe and efficient responses to incidents concerning any explosive ordnance.

35.           Authorize the Tulare County Sheriff's Office to submit a grant application by May 25, 2018 to the California Office of the Attorney General for enforcement and education of tobacco laws and the dangers of tobacco use. The grant period is for Fiscal Year 2018/19 and Fiscal Year 2019/2020 in an amount not to exceed $350,000. Find that the Board has authority to submit the grant application by May 25, 2018, and that it is in the County's best interest to submit the grant application on that date. Authorize the Sheriff or his designee to sign and submit the grant application.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

36.           Presentation given by the District Attorney's Office regarding Reducing Crime and Keeping California Safe Act of 2018.

37.           Request from Human Resources and Development Department to authorize an agreement with BMG Money effective June 1, 2018 for the purpose of offering emergency loans to employees.

38.           Presentation given by Board of Supervisors' staff regarding SB 54. Adopt a resolution declaring opposition to SB 54 also known as the California Values Act. 

39.           Receive the Salary Savings Report from the County Administrative Office and provide direction to the County Administrative Officer regarding changes to the budgeting and use of Salary Savings.

 (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

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 – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM D

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 E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Patricia Ackley v. County of Tulare

Workers’ Compensation Appeals Board No.: Unassigned 

AIG Claim No.: 124-124576

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Leonard Bass v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ10189472

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Shawn Hermosillo v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ10323501

ITEM H

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Board Resolution No. 2003-0851 (Replacement of Damaged Employee Personal Property)

ITEM I

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.