(Public Comment Period)
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.
Receive a presentation from the Tulare County Economic
Development Corporation.
3.
Public Comments.
(Consent Calendar)
CONSENT CALENDAR (Numbers 4 through 38)
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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.
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Auditor-Controller/Treasurer-Tax
Collector
4.
Approve the purchase of 43 Sheriff
replacement vehicles and 13 Probation replacement vehicles. Authorize payment
for those vehicles through the utilization of the County’s Vehicle Internal Borrowing
Program which is made possible by a loan from the General Fund, not to exceed
36 months.
5.
Select the percentage change in
California per capita personal income, which is 3.67%, as the cost-of-living
factor for the Gann Appropriations Limit calculation for the Fiscal Year
2018/19.
6.
Approve a licensing agreement with
Mischler Financial Group for their MaxQ online service.
Board of Supervisors
7.
Appoint Lynne Simmons to the Trustee Seat on the Alta Cemetery
District for a term ending January 3, 2022.
County Administrative Office
8.
Approve an amendment to Memorandum
of Understanding Agreement No. 27385 with the Superior Court of Tulare County
for the provision of County use of Courts Case Management System in an amount
not to exceed $256,526, effective September 8, 2018 through September 7, 2019.
District Attorney
9.
Approve an agreement with the
United States Department of Justice to participate in the Federal Equitable
Sharing program and to allow continued access to Equitable Sharing funds in the
amount of $6,981, 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. Authorize the Chairman’s and the District Attorney’s electronic
signature on the agreement.
General Services Agency
10.
Award the contract to MD Graham
and Associates, Inc. to provide real estate brokerage services to the County
effective September 1, 2018 through June 30, 2019.
11.
Approve a payment to West Coast
Arborists, Inc. in the amount of $6,942 for services performed in Fiscal Year
2017/18. Find that the Board had the authority to engage the services and pay
the invoice for services performed in Fiscal Year 2017/18, and that it was in the
County's best interest to engage the services at that time.
12.
Approve a payment to
SimplexGrinnell LP, AKA Johnson Controls in the amount of $3,297 for services
performed in Fiscal Year 2017/18. Find that the Board had the authority to
engage the services and pay the invoice for services performed in Fiscal Year
2017/18, and that it was in the County's best interest to engage the services
at that time.
13.
Declare, by at least a two-thirds
vote, the intent to lease 16,046 square feet of space in the Tulare Hillman
Health Center, located at 1062 South K St., Tulare, by approving a resolution
authorizing the Clerk of the Board to advertise the lease terms delineated in
Exhibit A Notice of Intent to Lease Real Property. Approve September 25, 2018
at 9:00 AM as the date and time at which sealed proposals to lease will be
received and considered by the Board. Authorize the County Administrative
Officer, or his designee, to publish Exhibit A Notice of Intent to Lease Real
Property once a week for three consecutive weeks pursuant to Government Code
25350 and 6063. Approve lease terms and selection process as delineated in
Exhibit B Lease Terms, Bid Process and Selection Process.
Health & Human Services Agency
14.
Approve an agreement with Kings
View Corporation for South County One-Stop Center to provide mental health
services in an amount not to exceed $700,000, 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.
15.
Approve an agreement with Kings
View Corporation for the Tulare County Warm Line Program in an amount not to
exceed $292,084, 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 Kings
View Corporation for South County Mobile Services to provide mental health
services in an amount not to exceed $850,000, 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 Family
Services of Tulare County in an amount not to exceed $30,000 to become the
subcontractor providing care to HIV infected or HIV at-risk clients pursuant to
the Ryan White HIV Care Program (X08 Grant approved by the Board of Supervisors
on August 21, 2018), effective August 28, 2018 through September 29, 2020.
18.
Adopt the Subvention Certificate
of Compliance and the Medi-Cal Certificate of Compliance for the California
Department of Veterans Affairs County Subvention Program for Fiscal Year
2018/2019.
19.
Accept the award for funding in
the amount of $104,972 from the California Department of Public Health,
Tuberculosis Control Branch, to support tuberculosis prevention and control,
retroactive from July 1, 2018, through June 30, 2019. Find that the Board had
the authority to accept the grant funds as of July 1, 2018, and that it was in
the County's best interest to accept the funding on that date.
Probation
20.
Approve an agreement with the PAAR
Center to provide offenders recently realigned under state legislature with
residential treatment, training services, and outpatient services in an amount
not to exceed $350,000, 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.
21.
Approve an agreement with WestCare
California, Inc. to provide offenders recently realigned under state
legislature with residential treatment, training services, and outpatient
services in an amount not to exceed $250,000 per year, 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 the
United States Department of Justice to participate in the Federal Equitable
Sharing Program 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. Authorize the Chairman's electronic signature on the agreement.
Registrar of Voters
23.
Approve the consolidation of the
Local Contests/Measures, listed in Appendix A, with the General Election and
any other election which may be held within the jurisdiction of said districts
on Tuesday, November 6, 2018. Approve the procedures to be used in the conduct
of the consolidated election, and said consolidation shall adhere to the
provisions set forth in Section 10400 and following of the Elections Code.
Authorize the Election Official to perform all necessary and required services
to the aforementioned districts relating to the conduct of the Local
Contests/Measures and General Election. Agree that each individual district
shall reimburse the County in full for the services performed in connection
with these elections, upon presentation of a bill from the Election Official to
the District. Agree that the Election Official will prepare a certified
statement of the results of the election and submit it to each governing body
within 30 days of the election.
Resource Management Agency
24.
Ratify and approve Agreement to
Terminate Tolling Agreement between Consolidated Irrigation District, and
Central Kings Groundwater Sustainability Agency, County of Tulare, Steve Hash
Farms, and Steven Cecil Hash and Elizabeth McNalley Shafer, for the Anderson
Village Specific Plan Environmental Impact Report Tolling Agreement,
retroactive from August 13, 2018. Find that that Board had authority to enter
into the proposed agreement as of August 13, 2018, and that it was in the
County's best interest to enter into the agreement on that date. Ratify the
Chairman's signature on the agreement.
25.
Authorize the filing of a Notice
of Partial Non-Renewals for the following Land Conservation Contracts, as
provided in the Williamson Act. The request fulfills a condition resulting from
one (1) Tentative Parcel Map and two (2) Lot Line Adjustments: PNR 05-016 Williamson
Act Contract No. 6608, Ag Preserve No. 0514, located on the northeast corner of
Avenue 392 and Road 120, south of Cutler - Orosi (APN 033-120-044 and
033-120-045) (retired APN 033-120-043), (Alan and Phyllis Borba, and Gonzalo
Perez) (7,350 feet from a 1.12-acre home-site to be non-renewed as a condition
of Lot Line Adjustment No. PLA 02-033) (26.15 acres subject to contract
amendment). PNR 08-033 Williamson Act Contract No. 6126, Ag Preserve No. 1402,
located on the north side of Avenue 422 approximately 1,300 feet east of Road
128 (State Route 63), north of Cutler - Orosi (APN 025-050-042, 025-050-043 and
025-050-044), (Gabriel Pena, and Michael Q. and Yvette B. Botello) (2.87 acres
to be non-renewed as a condition of Lot Line Adjustment No. PLA 08-034) (17.24
acres subject to contract amendment). PNR 08-036 Williamson Act Contract No.
2663, Ag Preserve No. 0244, located on the west side of Road 48 approximately
1,300 feet south of State Highway 198, west of Visalia (APN 073-120-031 and
073-120-032), (Stephen A. Hopper by Bypass Trust, Diana Hopper Trustee, and
John and Linda Moons) (1.49 acres to be non-renewed as a condition of Tentative
Parcel Map No. PPM 08-048) (72.73 acres subject to contract amendment). Approve
the execution of the amendments to the Land Conservation Contracts as
conditions of approval for the aforementioned Partial Non-Renewals.
26.
Authorize the filing of a Notices
of Non-Renewal for the following Land Conservation Contracts, as provided in
the Williamson Act. The request fulfill the conditions resulting from two (2)
Tentative Parcel Maps, one (1) Lot Line Adjustment and a conveyance to the
State of California: PNR 08-040 Williamson Act Contract No. 5645, Ag Preserve
No. 1754, located on the west side of Road 180 approximately 730 feet north of
Avenue 304, northeast of Farmersville, (APNs 111-050-047 and 111-050-049)
(Robert and Rose Emershaw) (2.34 acres to be non-renewed as a condition of
Tentative Parcel Map PPM 08-056) (23.30 acers subject to contract amendment).
PNR 12-007 Williamson Act Contract No. 5513, Ag Preserve No. 2057, located at
the southeast corner of Road 124 and Avenue 392, south of Cutler-Orosi (APNs
035-130-035 and 035-130-036), (Jack Barsamian, and David Krause President
(Wonderful Citrus II, LLC)) (1.14 acre to be non-renewed as a condition of
Tentative Parcel Map No. PPM 11-049) (38.53 acres subject to contract
amendment). PNR 08-034 Williamson Act Contract No. 4138, Ag Preserve No. 1054,
located between Road 64 and Road 68, approximately mile north of Avenue 248,
northwest of Tulare (APNs 148-010-056 and 148-010-057), John Domingos, and
Nathan L. and Marietta Heeringa) (0.66 acre to be non-renewed as a condition of
Lot Line Adjustment PLA 07-043) (75.99 acres subject to contract amendment).
PNR 09-010 Williamson Act Contract No. 2383, Ag Preserve No. 0153, located on
the east side of Hot Springs Road approximately 1 mile east from the
intersection of Uhl Pocket and Hot Springs Road, east of Capanero, in the
mountainous area, (APNs 344-200-005 and 344-200-006) (Dusty and Janice Boesch)
(4.62 acres to be non-renewed as a condition of conveyance to the State of
California) (23.71 acers subject to contract amendment). Approve the execution
of the amendments to the Land Conservation Contracts as a condition of approval
of the aforementioned Partial Non-Renewals. Approve the execution of one (1)
additional Land Conservation Contract amendment as required by a condition of
the approval for the following project: PPM 08-056 Williamson Act Contract No.
5643, located on the west side of Road 180 approximately 1,300 feet north of
Avenue 304, northeast of Farmersville, (APNs 111-050-047 and 111-050-048)
(Robert and Rose Emershaw) (43.62 acers subject to contract amendment).
27.
Approve an agreement with Provost
and Pritchard Consulting Group for Engineering and Construction Management
Consulting Services for the Bidding and Construction of Phase 1 of the Seville
& Yettem Water System Improvements Project in an amount not to exceed
$292,200, retroactive from February 16, 2018 through October 1, 2019. Find
that the Board had the authority to enter into the proposed agreement as of
February 16, 2018, and that it was in the County's best interest to enter into
the agreement on that date.
Sheriff/Coroner
28.
Approve a two year agreement with
the City of Farmersville to provide full-time dispatch services and electronic
access to the Sheriff’s Application Data Systems in an amount not to exceed
$72,430 per year for a total amount of $144,680, 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.
29.
Approve an agreement with the City
of Lindsay to provide full-time dispatch services and electronic access to the
Sheriffs Application Data Systems in an amount not to exceed $78,868 per year
for a total amount of $157,736, 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.
30.
Approve a modification to
Agreement No. 28077 with the United States Forest Service, Grant
#17-LE-11051360-027, effective upon signature by all parties, to increase
controlled substance services grant funding to the County for the 2018 Fiscal
Year by $24,000 for a total funding amount of $48,000 for the period of October
1, 2017 through September 30, 2018.
31.
Approve an agreement with the
Earlimart School District to provide School Resource Officer services on
district campuses in an amount not to exceed $88,280, retroactive from August
8, 2018 through May 31, 2019. Find that the Board had authority to enter into
the proposed agreement as of August 8, 2018, and that it was in the County's
best interest to enter into the agreement on that date.
32.
Approve an agreement with the
Cutler-Orosi Joint Unified School District to provide School Resource Officer
services on district campuses in an amount not to exceed $96,811, retroactive
from August 9, 2018 through June 30, 2019. Find that the Board had authority to
enter into the proposed agreement as of August 9, 2018, and that it was in the
County's best interest to enter into the agreement on that date.
33.
Approve an agreement with the
Pixley Union School District to provide School Resource Officer services on
district campuses in an amount not to exceed $88,280, retroactive from August
13, 2018 through June 3, 2019. Find that the Board had authority to enter into
the proposed agreement as of August 13, 2018, and that it was in the County's
best interest to enter into the agreement on that date.
34.
Approve an agreement with the
Sunnyside Union Elementary School District to provide School Resource Officer
services on district campuses in an amount not to exceed $17,655, retroactive
from August 9, 2018 through June 6, 2019. Find that the Board had authority to
enter into the proposed agreement as of August 9, 2018, and that it was in the
County’s best interest to enter into the agreement on that date.
35.
Approve an agreement with the
Strathmore Union Elementary School District to provide School Resource Officer
services on district campuses in an amount not to exceed $35,312, retroactive
from August 9, 2018 through May 30, 2019. Find that the Board had authority to
enter into the proposed agreement as of August 9, 2018, and that it was in the
County’s best interest to enter into the agreement on that date.
36.
Approve an agreement with the
Porterville Unified School District to provide School Resource Officer services
on district campuses in an amount not to exceed $35,312 retroactive from August
9, 2018 through May 30, 2019. Find that the Board had authority to enter into
the proposed agreement as of August 9, 2018, and that it was in the County’s
best interest to enter into the agreement on that date.
37.
Approve the grant award agreement
with the California Department of Justice for the Tobacco Enforcement Grant to
accept grant funding in an amount not to exceed $176,634 retroactive from July
1, 2018 through June 30, 2020. 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. Approve the
establishment of a petty cash account in the amount of $100 to be used by the
Sheriff's Office for the Tobacco Enforcement Grant. Authorize the Sheriff's
Office to amend the MOU for the sole purpose of receiving supplemental funding
under the terms of the grant. Approve the Capital Asset purchase of a message
board trailer in an amount not to exceed $20,000. Approve the necessary budget
adjustments (4/5ths vote required).
38.
Approve the grant award agreement
with the Board of State and Community Corrections for the Residential Substance
Abuse Treatment (RSAT) program to accept grant funding in the amount of
$235,669 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. Approve an agreement with Alternative Services Inc. to provide
counseling services in support of RSAT in an amount not to exceed $208,000,
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.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
39.
Request from the Resource Management Agency to introduce and
waive the first reading of an ordinance adding section 7-27-1021 to and
amending sections 7-27-1010, 7-27-1025, 7-27-1030, and 7-27-1180 of Chapter 27
of Part VII of the Ordinance Code of Tulare County, pertaining to Flood Damage
Prevention. Receive a presentation on the proposed amendment to the ordinance
pertaining to Flood Damage Prevention. Set the second reading of the amendment
to the ordinance for September 11, 2018. Direct the Clerk of the Board to
publish such Ordinance Summary and to post a certified copy of the Ordinance at
least five (5) days prior to the ordinance amendment adoption date as required
by Section 25124 of the Government Code.
40.
Request from the Auditor-Controller to approve the rate of
taxation of the State and County for Fiscal Year 2018/19 to be collected upon
the taxable property of the County of Tulare, State of California, at the rate
of $1 per $100 of assessed valuation (Article XIII California Constitution).
Approve the tax rates as shown on Schedule A. Direct that they be levied and
direct that they be collected upon each $100 valuation of the taxable property
of the unitary and operating non-unitary property of the County of Tulare,
State of California, as computed pursuant to the provision of law (Revenue and
Taxation Code Section 100). Approve the tax rates as shown on Schedule B.
Direct that they be levied and direct that they be collected upon each $100
valuation of the taxable property of the several school districts of said
County, for raising the necessary amount to pay the principal and interest on
the bonds and for special purposes for said school districts (Revenue and
Taxation Code Section 93). Approve the Special District Tax Rates as shown on
Schedule C. Direct that they be levied and direct that they be collected upon
each $100 valuation of the taxable property of the various districts included
on the schedule of Special Districts (Revenue and Taxation Code Section 93).
Approve and accept the Statement of the Valuation of the Property in Tulare
County as compiled by the County Auditor-Controller/Treasurer-Tax Collector
(Auditor) and filed with this Board [Government Code 25254(a)].
41.
Receive a presentation by Public Financial Management, Asset
Management LLC (PFM) regarding the Annual Report for the Millennium Fund
Investment Program. Accept the Annual Report for the Millennium Fund Investment
Program and provide direction to the County Administrative Office regarding the
appropriation from the Millennium Fund for Fiscal Year 2018/19.
42.
Receive a report from the County Administrative Office
regarding Governmental Funds, Fiduciary Funds and General Reserves and provide
direction to the County Administrative Officer.
43.
Receive a report from the County Administrative Office regarding
the request from the Kings / Tulare Homeless Alliance for funding in the amount
of $50,000 for the Landlord Mitigation Fund and provide direction to the County
Administrative Office.
(Closed Session)
CLOSED SESSION
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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.
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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 – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Doris McMillan v. County of
Tulare
Workers’ Compensation Appeals Board No.:
ADJ7709586
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
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT
(Government
Code Section 54957)
FOR THE POSITION OF: COUNTY ADMINISTRATIVE
OFFICER OR INTERIM COUNTY ADMINISTRATIVE OFFICER
The Board may meet in a continuous closed
session each business day on this topic beginning immediately upon recess of
the open portion of this meeting through Sept. 10, 2018.
ITEM D
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.
