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 31, 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 to approve the month of August 2018 as Child Support Awareness Month on behalf of the Tulare County Department of Child Support Services and the California Department of Child Support Services.

3.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.               PUBLIC HEARING:   Request from the Resource Management Agency to hold a Public Hearing regarding two proposed ordinances related to marijuana/cannabis regulation. Introduce and waive the first reading of an ordinance repealing Chapter 11 of Part V of the Tulare County Ordinance Code, pertaining to Possession, Consumption, Distribution, Transportation, Cultivation and Growing of Medical Marijuana, adopting a new Chapter 11 of Part V of the Tulare County Ordinance Code, pertaining to Restrictions on Cannabis Activities, and repealing Chapter 21 of Part VI of the Tulare County Ordinance Code, pertaining to Medical Marijuana Business License: Regulation of Possession, Consumption, Distribution, Transportation, Cultivation and Growing.  Introduce and waive the first reading of an ordinance repealing Section 15.3 of Ordinance No. 352, the Zoning Ordinance of Tulare County, pertaining to Medical Marijuana Collectives and Cooperatives and adopting a new Section 15.3 of Ordinance No. 352, the Zoning Ordinance of Tulare County, pertaining to Cannabis Activities. Set the second reading of the ordinances for August 14, 2018. Direct the Clerk of the Board to publish a summary or summaries of the ordinances before the second reading, as required by law.

5.               PUBLIC HEARING:   Request from the Resource Management Agency to hold a Public Hearing in accordance with Government Code Section 54986 to consider the adoption of modifications to Tulare County Area Transit policies for holiday service levels and the minimum age for the Senior fare discount. Adopt the new minimum age of 65 years or older for individuals to qualify for the Tulare County Area Transit Senior Discounted Fare and authorize the Resource Management Agency Director, or designee, to implement the fare change beginning August 4, 2018. Adjust the service level offered on Martin Luther King Jr. Day, Presidents Day, Veterans Day, the Day after Thanksgiving, and Christmas Eve from Saturday-level service to Sunday-level service.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 24)

 

 

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

6.               Approve an agreement with the California Department of Food and Agriculture to provide area wide Glassy-winged Sharpshooter control in an amount not to exceed $1,160,000, retroactive from July 1, 2018 through June 30, 2020. 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.

7.               Approve a Memorandum of Understanding with the California Agricultural Commissioners and Sealers Association to provide funding for costs associated with the CalAgPermits system in an amount not to exceed $47,212, retroactive from July 1, 2018 through June 30, 2019. 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.

8.               Approve an agreement with the California Department of Food and Agriculture for the Organic Inspections Program in an amount not to exceed $5,340, 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.

Auditor-Controller/Treasurer-Tax Collector

9.               Approve an agreement with Tri-County Water Authority to collect and distribute special assessments on the secured property tax roll.

Board of Supervisors

10.           Cancel the Board of Supervisors meeting scheduled for October 16, 2018.

County Administrative Office

11.           Approve an agreement with First 5 Tulare County to allow Tulare County to provide general accounting services to First 5 Tulare County, in the amount of $1,461 for accounting support services and $2.50 per claim processed, 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.

 

Health & Human Services Agency

12.           Approve an agreement with Bakersfield Behavioral Healthcare Hospital, LLC for the provision of short-term, inpatient psychiatric services in an amount not to exceed $900,000 ($300,000 per Fiscal Year), 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.

Information & Communications Technology

13.           Approve the renewal of license and maintenance agreement with Novacoast to provide user licenses and maintenance support for Novell GroupWise email and Novell Operating System (OS) in an amount not to exceed $537,655, effective August 1, 2018 through July 31, 2019.

Resource Management Agency

14.           Authorize the submittal of a grant application to Caltrans, to provide funding for public transit in non-urbanized areas in an amount not to exceed $384,608 for Fiscal Year 2019. Authorize the Resource Management Agency Director, or  designee, to sign the Application Certification and submit the grant application through the Caltrans BlackCat system. Direct the Resource Management Agency to take the necessary steps and actions required under this grant program to return with an agreement for future consideration and approval.

15.           Approve the submission of the grant application to the Highway Safety Improvement Program (HSIP) for the following projects: Avenue 144 and Road 96 Intersection Improvements in an amount not to exceed $3,866,000; Overhead Red Flashing Beacons at two Intersections (Avenue 256 & Road 164 and Avenue 240 and Road 140) in an amount not to exceed $278,000; Pedestrian Crossing Enhancements at John J. Doyle Elementary, in an amount not to exceed $220,000; and Guardrail Upgrade along Piedra Drive (D179), in an amount not to exceed $415,000. Authorize the Director of the Resource Management Agency, or designee, to sign the grant application.

16.           Approve a Program Supplement Agreement with the California Department of Transportation for the Construction Phase of the Allensworth Elementary Sidewalk Improvements Project in an amount not to exceed $260,000.

17.           Approve a Program Supplement Agreement with the California Department of Transportation for environmental mitigation for the Road D39 Traver Canal Bridge Project in an amount not to exceed $90,000.

18.           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 Spacer Drive (D134) 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 Spacer Drive (D134) Safety Improvements Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Spacer Drive (D134) Safety Improvements Project.

19.           Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or designee, to file a Notice of Exemption with the Clerk-Recorder. Approve the designation of an All-Way STOP control at the intersection of Road 100 (Akers) and Avenue 272, just south of the city of Visalia. Authorize the installation of STOP signs on Road 100 at the intersection of Avenue 272 in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

20.           Approve the capital asset purchase of two 6-pack style trucks equipped with custom utility bodies, not to exceed $82,306 from the Road Fund. Approve the capital asset purchase of a roof replacement for the Central Road Yard, not to exceed $100,000 from the Road Fund. Approve the capital asset purchase of two 30-passenger CNG buses for the Transit department, not to exceed $398,000 from the Transit Fund.

Sheriff/Coroner

21.           Approve an agreement with Family Services of Tulare County for domestic violence response in an amount not to exceed $36,579, retroactive from January 1, 2018 through December 31, 2018. Find that the Board had authority to enter into 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.

22.           Approve an agreement with the Tulare Joint Union High School District to provide School Resource Officer services on district campuses in an amount not to exceed $88,155, effective August 9, 2018 through June 6, 2019.

23.           Approve an amendment to Agreement No. 26738 with Los Angeles County to adjust Los Angeles County’s rates for Fiscal Year 2018/19 for providing intrastate prisoner transportation services to Tulare County, retroactive to July 1, 2018 through June 30, 2019. Find that the Board had authority to enter into the amendment 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

24.           Approve the capital asset purchase of two (2) Caterpillar 826K Compactors, in an amount not to exceed $2,000,000, for the Visalia and Teapot Dome Landfills.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

25.           Receive a status update from the Board of Supervisors staff on the Tulare-Kern Funding Region Disadvantaged Community Integrated Regional Water Management Involvement Program. Approve an amendment to Agreement No. 28482 with Provost and Pritchard to increase the amount from $343,000 to $635,000 to include the Needs Assessment tasks.

26.           Request from the County Administrative Officer to approve a salary increase for the position of Workforce Investment Board Executive Director in Bargaining Unit 10, effective August 5, 2018, in the amount of $23,292 from a total annual salary of $121,708 to $145,000 and the same standard benefits provided to Bargaining Unit 10 employees.

27.           Receive a report from the County Administrative Office regarding Strategic Financing Action Plans. Provide direction regarding Strategic Financing Action Plans.

 (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: 2

See today’s Board of Supervisors Agenda item pertaining to Request from RMA to Update the County’s Permanent Marijuana Ordinances, Section 15.3 of the Zoning Ordinance, Part V, Chapter 11 and Part VI, Chapter 21 of the Tulare County Ordinance Code.

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’ Agenda item pertaining to Tulare County Area Transit Policy Modifications for Senior Discount Fare.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 2

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Judy Cornett v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ9452132, ADJ9774175, ADJ9774176

ITEM E

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.