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

 

 

September 25, 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 Human Resources and Development on the new LiveHealth Online Kiosk services and update on County Health Fair.

3.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 23)

 

 

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

4.               Appoint Benita Lucia Cortez to the Trustee Seat on the Alta Cemetery District for a term ending January 6, 2020.

5.               Appoint Richard F. Dituri to the Seat 9 -Member-At-Large on the In-Home Supportive Services Advisory Committee for a term ending January 30, 2020.

6.               Ratify a Proclamation recognizing September 17-23, 2018 as Constitution Week in Tulare County.

County Administrative Office

7.               Ratify actions by the County Administrative Officer during the months of July/August 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.

District Attorney

8.               Approve necessary budget adjustments per the attached AUD 308 in connection with the approved purchase of software and services from Journal Technologies, Inc. for a new case management system (4/5ths vote required).

General Services Agency

9.               Approve an amendment to Agreement No. 27574 with Bernards Bros., Inc. to increase the agreement amount by $238,209 from $52,606,072 to $52,844,281, and add 33 working days for the South County Detention Facility. Authorize the Chairman to sign the agreement subject to review and approval as to form by County Counsel.

10.           Authorize staff to purchase a body scanner for the South County Detention Facility in the amount of $189,438 directly from Smart Security Solutions and waive requirements for competitive bidding. Authorize staff to use up to an additional $10,000 to purchase accessories or cover unforeseen costs associated with the body scanner.

Health & Human Services Agency

11.           Approve an agreement with Proteus, Inc. for the provision of comprehensive job services to TulareWORKs clients in an amount not to exceed $1,051,866, effective October 1, 2018 through September 30, 2019.

12.           Approve a Memorandum of Understanding with the non-profit Tulare Mental Health Services Act Housing, Inc. in an amount not to exceed $2,092,282 to fund Tulare Mental Health Services Act Housing, Inc. purchase of permanent supportive housing projects in the cities of Tulare and Porterville, effective upon signatures.

13.           Authorize the approval  for submission of the Tulare County Health and Human Services Agency, Mental Health Branch Spending Plan for Funding Subject to Assembly Bill 114 reversion.

14.           Approve the Tulare County Child Abuse Prevention Councils request for their annual funding in an amount not to exceed $70,000 from the County's Children's Trust Fund for Fiscal Year 2018-2019.

15.           Approve an increase of three members on the Tulare County Task Force on Homelessness to include representatives from the Affordable Housing Development sector, the Education Sector, and the homeless community. Adopt the revised By-Laws of the Tulare County Task Force on Homelessness.

16.           Approve the acceptance of funds from the California Department of Public Health/California Tobacco Control Program for Fiscal Year 2018/2019 in an amount not to exceed $564,631, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had the authority to accept the funds as of July 1, 2018 and that it was in the County's best interest to accept the funding on that date.

17.           Approve a Memorandum of Understanding between the County of Tulare, and the City of Visalia through the Visalia Police Department, in the amount of zero dollars for the coordination of mental health and substance use disorder service access to homeless populations in the City of Visalia. This Memorandum of Understanding will be effective upon Chairman's signature and remain in effect for eighteen (18) months.

Human Resources & Development

18.           Approve a side letter agreement with the Tulare County Corrections Association (TCCA) regarding language changes to the TCCA Memorandum of Understanding to comply with the U.S. Supreme Court decision of Janus v. AFSCME and Senate Bill 866.

Information & Communications Technology

19.           Approve an agreement with Development Group, Inc., to replace workstations and monitors for the Tulare County Health & Human Services Agency, TulareWORKs Division  in an amount not to exceed $146,137.50, effective September 25, 2018 through June 30, 2019.

Resource Management Agency

20.           Waive the bid discrepancy that has been identified regarding the lowest responsive and responsible bidder. Approve and award the contract to the lowest responsive and responsible bidder, DOD Construction from Bakersfield, California, in the amount of $517,768 for construction of Allensworth Elementary School Sidewalk Improvements Project. Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License. Allow funds for contingencies in the amount $38,388 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency or his designee to approve contract change orders up to the amount of allowed funds for contingencies.

21.           Approve two (2) month-to-month extensions for the months of October 2018 & November 2018 to Agreement No. 24367 as amended with MV Transportation, Inc. to extend the term of the agreement from October 1, 2018 to November 30, 2018. Authorize the Chairman, or his designee, to sign the one (1) month-to-month extension to the Agreement for October 2018. Authorize the RMA Director, or his designee, to sign the one (1) month-to-month extension to the Agreement for November 2018 if necessary for the renegotiation of the Transit Operation and Maintenance contract. Authorize the RMA Director, or his designee, to notify MV Transportation, Inc. of the extensions under Article 12.2 of Agreement No. 24367. 

22.           Approve the Transit Asset Management Plan for Tulare County Area Transit.

Solid Waste

23.           Ratify and approve a grant award agreement from the San Joaquin Valley Air Pollution Control District for the Heavy-Duty Engine Program in the amount of $151,187.84, retroactive from February 28, 2018 to June 30, 2018.  Find that the Board had authority to enter into the proposed agreement as of February 28, 2018, and that it was in the County's best interest to enter into the agreement on that date. Ratify the Solid Waste Managers signature on the agreement.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

24.           Request from General Services Agency to open, examine, and declare sealed bids for lease of 16,046 square feet of space in the Tulare Hillman Health Center, located at 1062 South K St., Tulare. Call for oral bids that exceed by not less than five percent the amount of the highest legitimate sealed bid. Direct staff to return on October 2, 2018 with a proposed successful bidder.

25.           Receive a presentation from the General Services Agency regarding Public Art displays at County buildings and the Mooney Grove Park Lily Pond art project in conjunction with the Tulare County Arts Consortium. Recognize the top three artist proposals and select the final Lily Pond art project design. Approve the installation of the selected Lily Pond art project at Mooney Grove Park. Direct staff to proceed at other identified County buildings and develop a public art policy in conjunction with the Arts Consortium.

26.           Request from the General Services Agency to approve Personnel Resolution amending the position allocation listing, class title, and salary band of 1.0 FTE from Purchasing Agent to Purchasing Manager, Position No. 04536. Approve Personnel Resolution for new class specification, class designations, and compensation for Purchasing Manager effective September 30, 2018.

 (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 – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Langley, Randy v. Deputy E. Garcia et al.

United States District Court Eastern District of California 

Case 1:16-cv-01299-JLT

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Roger Hepner v. County of Tulare and Jason O’Neal, et al.

United States District Court Eastern District of California 

Case No. 1:18-cv-00774-DAD-EPG

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Lee Ann Paden v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ3076618

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  John Partenheimer v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ8732216

ITEM G

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM H

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF: HEALTH & HUMAN SERVICES AGENCY DIRECTOR/INTERIM HEALTH & HUMAN SERVICES AGENCY DIRECTOR

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.