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

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

July 17, 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.               Presentation given by the Health and Human Services Agency regarding the distribution of laptops to Tulare County foster youth through the 1 Laptop Program for Foster Youth.

3.               Adopt a resolution proclaiming the week of July 15-21, 2018 as Probation Services Week in Tulare County.

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.               PUBLIC HEARING:   Request from the Resource Management Agency to hold a Public Hearing to approve a vacation of Avenue 356 between Road 176 and Cottonwood Creek, more particularly described in Exhibit A, Legal Description. Determine that Avenue 356 between Road 176 and Cottonwood Creek is excess right of way and vacation thereof is in the public interest. Vacate Avenue 356 between Road 176 and Cottonwood Creek and order that the public use is hereby vacated, reserving an easement and right necessary for public utilities. Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct the Environmental Officer to sign and file a Notice of Exemption with the Clerk-Recorder. Direct the Clerk of the Board to cause a certified copy of the resolution to be recorded with the Clerk-Recorder.

6.               PUBLIC HEARING:   Request from the Resource Management Agency to hold a public hearing to approve the vacation of Meredith Drive between Avenue 200 and Avenue 204, more particularly described in Exhibit A, Legal Description. Determine that Meredith Drive between Avenue 200 and Avenue 204 is excess right of way and vacation thereof is in the public interest. Vacate Meredith Drive between Avenue 200 and Avenue 204 and order that the public use is hereby vacated, reserving an easement and right necessary for public utilities. Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct the Environmental Officer to sign and file a Notice of Exemption with the Clerk-Recorder. Direct the Clerk of the Board to cause a certified copy of the resolution to be recorded with the Clerk-Recorder.

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 through 33)

 

 

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

7.               Adopt a resolution directing the Tulare County Registrar of Voters to conduct an election to confirm the formation of the Yettem-Seville Community Services District as set out in Tulare County Local Agency Formation Commission Resolution No. 18-005. Adopt a resolution directing the Tulare County Registrar of Voters to conduct an election to select the Board of Directors for the Yettem-Seville Community Services District contingent upon voter approval of the District formation. Direct the Clerk of the Board to file certified copies of the Resolutions with the County of Tulare Elections Department and the Executive Director of the Tulare County Local Agency Formation Commission.

8.               Ratify a Proclamation Honoring Wilsonia on its Centennial Celebration.

9.               Approve a Memorandum of Understanding with California Counties Foundation, Inc. for Institute training courses in an amount not to exceed $103,200 ($51,600 in Fiscal Year 2018/19 and $51,600 in Fiscal Year 2019/20), effective September 1, 2018 through June 30, 2020.

10.           Appoint Diana Saechao to the Health Care Seat on the Community Health Center Board for a term ending April 18, 2020.

County Administrative Office

11.           Ratify actions by the County Administrative Officer during the month of June 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.

General Services Agency

12.           Accept the HHSA Farmersville Remodel Project as a substantially completed project. Approve an amendment to Agreement No. 28544 with Gary Interrante Construction Company to increase the contract amount by $6,821.77, from $114,800.00 to $121,621.77, and increase the contract time by 14 calendar days. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to record the Notice of Completion for the project with the Clerk-Recorder.

13.           Approve a license agreement with Judicial Council of California for space located at 300 E. Olive St., Rooms 311-A, 311-B, and 322, Porterville, CA, retroactive from April 1, 2018. Find that the Board had the authority to enter into the proposed agreement as of April 1, 2018, and that it is in the County's best interest to enter into the agreement on that date.

Health & Human Services Agency

14.           Ratify and approve an application Certification for funds signed by the Chairman of the Board on June 6, 2018 with the CalRecycle Used Oil Payment Program for supporting the household hazardous waste used oil collection and disposal program retroactive from July 1, 2018 through August 15, 2020. Find that the Board had authority to submit the Application Certification, signed by the Chairman on June 6, 2018 and that it was in the County's best interest to submit the Application Certification on that date.

15.           Approve an agreement with Alternative Services, Inc. to allow Tulare County Health and Human Services Agency to collect a 4.5% administration fee in anticipated revenue for an amount not to exceed $42,000, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

16.           Approve an agreement with Crestwood Behavioral Health, Inc. for the provision of comprehensive and balanced mental health and day treatment services in an amount not to exceed $1,500,000, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

17.           Approve an agreement with Community Services and Employment Training, Inc. to provide alcohol and other drug prevention services in an amount not to exceed $103,200, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

18.           Approve an agreement with Helios Healthcare, LLC for the provision of acute psychiatric inpatient services in an amount not to exceed $100,000, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

19.           Approve an agreement with the Tulare County Superintendent of Schools for the Preschool Expulsion Reduction Program in an amount not to exceed $159,410, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

20.           Approve a Memorandum of Understanding with the California Department of Social Services, TALX Corporation to provide TulareWORKs staff with access to an online employment and income verification system retroactive from April 1, 2018 through March 31, 2021. Find that the Board had the authority to enter into the Memorandum of Understanding as of April 1, 2018 and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

21.           Approve an agreement with Turning Point Youth Services, Inc. for the provision of drug and alcohol recovery treatment services to Tulare County adolescents in an amount not to exceed $642,350, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

22.           Approve an agreement with Victor Treatment Centers, Inc., for the provision of intensive mental health services to Tulare County minors in an amount not to exceed $110,000, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

Information & Communications Technology

23.           Approve costs associated with an approved agreement with Sovos Compliance, LLC, in an amount not to exceed $308. The additional cost of $308 for the 2017 Tax Year is a result of 127 more tax forms used than the 2500 allotted in the agreement.

24.           Ratify and approve an agreement with ServiceNow for providing incident and problem management, change management, asset management, and other maintenance services in an amount not to exceed $605,700, retroactive from July 11, 2018. Find that the Board had authority to enter into the proposed agreement as of July 11, 2018 and that it was in the County's best interest to enter into the agreement on that date. Ratify the Chairmans signature on the agreement renewal.

Public Defender

25.           Approve an agreement with Thomson Reuters for a subscription to West Proflex online legal research software in an amount not to exceed $147,442, effective July 31, 2018 through July 31, 2023. Approve an agreement with Thomson Reuters for a subscription to West Complete Library subscription of legal research services in an amount not to exceed $33,909, effective July 31, 2018 through July 31, 2023.

Registrar of Voters

26.           Approve the Certified Statement of Vote as submitted by the Registrar of Voters for the June 5, 2018 Statewide Direct Primary Election.

Resource Management Agency

27.           Authorize submittal of twelve (12) applications for the Department of Transportation Active Transportation Program Cycle 4 with a total estimated project cost of $22,050,000. Authorize the Chairman of the Board to sign the applications on behalf of Tulare County. Authorize and direct the Resource Management Agency Director to act on the County's behalf in all matters pertaining to these applications. Authorize and direct the Resource Management Agency Director, or their designee, to submit Funds Requests and other program-supporting documentation.

28.           FOR INFORMATION ONLY: Bid Opening Results for Avenue 152 Safety Improvements Project.

CONTRACTOR                               BID AMOUNT

Mac General Engineering    $1,575,558.78

Yarbs Grading and Paving Inc.          $1,810,827.30

Avison Construction Co.                    $1,864,187.00

Granite Construction Co.     $2,269,525.80

Bush Engineering                 $2,757,957.74

 

Engineers Estimate                           $2,092,326.20

Sheriff/Coroner

29.           Approve a Memorandum of Understanding between the Tulare County Sheriffs Office and Fresno County Sheriffs Office for the County to receive Central Valley High Intensity Drug Trafficking Area reimbursement funds in an amount not to exceed $287,055, retroactive from January 1, 2018 through December 31, 2019. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of January 1, 2018, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

30.           Approve an agreement with the City of Exeter in an amount not to exceed $158,318 to provide full-time dispatch services and electronic access to the Sheriffs Application Data Systems, retroactive from July 1, 2017 through June 30, 2019. 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.

31.           Approve a Memorandum of Understanding between participating agencies to operate the Tulare County Sexual Assault Felony Enforcement (SAFE) Team, under the SAFE program in an amount not to exceed $562,897, retroactive from July 1, 2018 through June 30, 2021. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2018, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

32.           Approve an agreement with the City of Woodlake to provide full-time dispatch services and electronic access to the Sheriffs Application Data Systems in an amount not to exceed $60,356, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County's best interest to enter into the agreement on that date.

Solid Waste

33.           Approve an amendment to Agreement No. 27398 with Shamrock Recycling of California Inc. to extend the term of the agreement to October 31, 2020, in order to continue diversion through waste tire recycling.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

34.           Request from the General Services Agency to approve the lease agreement with Courthouse Square Ventures, LLC for the Probation Office at 100 E. Center in Visalia commencing at the close of escrow. Authorize the Chairman to sign the Grant Deed to Courthouse Square Ventures, LLC for the Historic Courthouse Square and parking lot whose Assessor's Parcel Numbers are 094-287-001 and 094-281-007. Authorize the General Services Agency Director, or their designee, to sign all documents necessary to facilitate the escrow on these properties. Direct the Clerk of the Board to return the notarized Grant Deed to Property Management for transmittal to escrow. Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) Section 15302 General Rule Exemption (14 Cal. Code Regs. Section 15061(b)(3)). Authorize and direct the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

35.           Receive an update from the General Services Agency on the implementation of the Parks & Recreation Strategic Business Plan. Authorize and establish a “No Stopping at Any Time” zone by installing signs for approximately 1,200 feet on both sides of Avenue 272, beginning on the east boundary line of Mooney Grove Park (Visalia city limits) to Road 122. Reaffirm the Categorical Exemption approved on March 20, regarding the No Stopping Restriction on Avenue 272, East of Mooney Grove Park. Find there is still no substantial evidence the proposed activity will have a significant effect on the environment and determine that the Categorical Exemption that was prepared for the project is consistent with CEQA Title 14 CCR, Section 15061 (b)(3) general rule exemption; and that the Categorical Exemption reflects the independent judgment of the County and was completed in compliance with the California Environmental Quality Act. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Clerk-Recorder. Approve the installation of a Disc Golf Course at Bartlett Park in Porterville. Provide direction on selecting a name for the proposed 11th County Park in the community of Goshen in accordance with Administrative Regulation No. 12.

36.           Request from the Board of Supervisors' staff to consider, modify as needed, and approve the responses to the 2017/2018 Tulare County Grand Jury Final Report entitled: “Pay Up and Recover."

37.           Request from the County Administrative Office to approve a salary increase for the position of Tulare County Association of Governments Executive Director in Bargaining Unit 11, effective July 22, 2018, in the amount of $7,689.82 for a total annual salary of $161,486.29 and the same standard benefits provided to Bargaining Unit 11 employees.

 (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’ agenda item pertaining to the Public Hearing to approve the vacation of Avenue 356 between Road 176 and Cottonwood Creek

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 agenda item regarding a public hearing to approve the vacation of Meredith Drive between Avenue 200 and Avenue 204

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 REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  100 E. Center Avenue, Visalia, CA

Agency Negotiators:  Michael C. Spata, John Hess, Robert Newby

Negotiating Party or Parties:  Courthouse Square Ventures, LLC

Under Negotiation:  Price and Terms of Payment

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APNs 305-020-023; 305-140-003; & 305-140-015

Agency Negotiators:  Michael C. Spata, John Hess, Robert Newby

Negotiating Party or Parties:  Nancy Moure, the Nature Conservancy

Under Negotiation:  Price and Terms of Payment

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Tulare County Deputy Sheriff’s Association & Tulare County Professional Firefighter’s Association Local 4757 v. County of Tulare, 

Public Employment Relations Board Case No. SA-CE-1042-M

ITEM G

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.