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

 

 

October 23, 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 by Randy Dodd, Director of Business Development to provide an update on the reopening of the Tulare Regional Medical Center.

3.               Present Proclamation designating October 21, 2018 through October 27, 2018 as National Retirement Security Week.

4.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 32)

 

 

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 providing State subvention in the amount of $329,670.58 to offset costs of providing Asian Citrus Psyllid bulk citrus regulatory activities, retroactive from July 1, 2018 through June 30, 2019. Find that the Board had authority to enter into the 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

6.               Authorize the Tax Collector to sell by agreement parcel 090-041-002-000, to Self-Help Enterprises on December 31, 2018, for low-income housing purposes.

7.               Authorize the Tax Collector to sell by agreement parcel 175-242-004-000, to Self-Help Enterprises on December 31, 2018, for low-income housing purposes.

Board of Supervisors

8.               Appoint Lucy Hernandez to the District 5 Seat on the County Parks Advisory Committee for a term ending June 30, 2019.

9.               Appoint Melynda Metheney to the District 4 Seat on the County Parks Advisory Committee for a term ending June 30, 2019.

10.           Approve the Memorandum of Understanding with the Lower Tule Groundwater Sustainability Agency for Groundwater Sustainability Plan coverage in the Tule Sub-basin.

11.           Approve a resolution supporting Proposition 3 Water Supply and Water Quality Act of 2018.

12.           Approve a resolution supporting the Success Reservoir Enlargement Project.

County Administrative Office

13.           Ratify actions by the County Administrative Officer during the month of September 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.

14.           Approve an agreement with the  Allen Law Firm, as Contractor, and Marcus Torigian, as Contingency Contractor for Conflict Public Defender services in an amount not to exceed $2,791,337 from January 1, 2019 through December 31, 2019.

District Attorney

15.           Approve the Grant Award agreement to accept grant funding from the Insurance Commissioner of the State of California for the Workers Compensation Insurance Fraud Prosecution Program in an amount not to exceed $540,309, 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 Countys best interest to enter into the agreement on that date. Authorize the District Attorney to sign the Grant Award agreement for the Workers Compensation Insurance Fraud Program. Direct the Clerk of the Board to prepare a certified copy of the resolution for the District Attorneys Office. Agree that any liability arising out of the performance of the Grant Award agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency, and acknowledge that the State of California and the California Department of Insurance disclaim responsibility for any such liability.

16.           Approve the Grant Award agreement to accept grant funding from the Insurance Commissioner of the State of California for the Automobile Insurance Fraud Prosecution Program in an amount not to exceed $180,000, 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 District Attorney to sign the Grant Award agreement for the Automobile Insurance Fraud Program. Direct the Clerk of the Board to prepare a certified copy of the resolution for the District Attorney’s Office. Agree that any liability arising out of the performance of the Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency, and acknowledge that the State of California and the California Department of Insurance disclaim responsibility for any such liability.

17.           Approve an agreement with the California Governor’s Office of Emergency Services to provide continuing funding for the Human Trafficking Advocacy Program in an amount not to exceed $187,500, award amount of $150,000 with a $37,500 county match, effective January 1, 2019 through December 31, 2019.  Authorize the Chairman to sign the Grant Subaward Face Sheet, the Certification of Assurance of Compliance, and the Subrecipient Grants Management Assessment. Authorize the County Administrative Officer or designee, to sign the Certification of Assurance of Compliance. Authorize the Project Director, Financial Officer, and their signature designees to sign the Signature Authorization form.  Recognize the Chair of the Tulare County Board of Supervisors as having authority to submit the application for the Unserved/Underserved Victim Advocacy and Outreach Program to the California Governor’s Office of Emergency Services, and as having authority to execute on behalf of the County of Tulare the Grant Subaward, including any extensions or amendments thereof. Agree to provide all matching funds required for the project, including any extensions or amendments thereof. Agree to abide by the rules and regulations of the California Governor’s Office of Emergency Services. Agree that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Fire Department

18.           Authorize the submission of a grant application for a Federal Emergency Management Agency (FEMA) Assistance to Fire Fighters Grant to purchase ballistic personal protective equipment in the amount of $90,000.  Authorize the Fire Chief, or his designee, to sign and electronically submit the grant application.

19.           Approve a capital asset purchase of One (1) Hurst Extrication System to provide first responders with effective extrication equipment, in an amount not to exceed $35,000. Approve the necessary budget adjustments (4/5ths vote required).

General Services Agency

20.           Accept the Evidence and Forensics Building as a substantially completed project. Approve an amendment to Agreement No. 28422 with Forcum Mackey to increase the contract amount by $63,025.40 from $3,602,643 to $3,665,668.40. 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 office of the Clerk-Recorder.

21.           Approve a Portable Hangar Lease Agreement for space at Sequoia Field Airport with Gary and Joann Truitt, for a month-to-month term, at a rate of $50 per month.

22.           Approve a Portable Hangar Lease Agreement for space at Sequoia Field Airport with Kenneth Pierson, for a month-to-month term, at a rate of $50 per month.

Health & Human Services Agency

23.           Approve the co-applicant agreement between County of Tulare and the Community Health Center Board to maintain compliance with the Federally Qualified Health Center Look-Alike programs governing board requirements, effective upon Board approval and signature.

24.           Approve an amendment to Agreement No. 28586 with Family Services of Tulare County to add a Pre/Post Activities Charge of $18.00 per visit to the contract payment amount and fee schedule, revise the estimated outcomes and population served to a minimum of 250 adults and 325 children, and adjust the total amount of hours allocated for Fiscal Year 18/19 from 4,637 hours of supervised visitations for Child Welfare Services to 3,837, to more accurately reflect expected services to be provided, retroactive from July 1, 2018, through June 30, 2018. Find that the Board had authority to approve this amendment as of July 1, 2018, and that it was in the County's best interest to enter into the amendment on that date.

25.           Approve the annual closure of Tulare County Health & Human Services Agency, Animal Services Division to the public on the Saturday following Thanksgiving. Direct staff to annually post notices on this closure at the shelter and on the Animal Services website.

26.           Approve an agreement with Sierra View Medical Center to allow trainees to gain field experience through training program within the Tulare County Health & Human Services Agencys Public Health Branch, effective upon Board approval and signature through June 30, 2021, in the amount of zero dollars.

27.           Approve an agreement with Tulare County Superintendent of Schools for the Primary Intervention Program, in an amount not to exceed $451,095, 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.

Information & Communications Technology

28.           Approve an agreement with VMware, Inc. for Enterprise Licensing in an amount not to exceed $1,200,185.55 from October 23, 2018 through October 23, 2021.

Resource Management Agency

29.           Affirm the finding that the County received less than one-half of the foregone property tax revenue pursuant to Government Code Sections 16142(e) and 16142.1(d) for the 2017-2018 Fiscal Year.  Affirm implementation of AB 1265 pursuant to Government Code Sections 51244(b) and Section 51244.3 for a reduction of property tax benefits by ten percent, and also pursuant to Government Code Section 51244(b) a related reduction of the term of the contracts to nine years (eighteen years for Farmland Security Zone contracts).

30.           Approve the Fiscal Year 2018-2019 Williamson Act Subvention Application Report.

31.           Approve and award the contract to the lowest responsive and responsible bidder, Lees Paving, Inc. from Visalia, California, in the amount of $251,801 for construction of Spacer Drive (D134) Safety 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 $25,090 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.

Workforce Investment Board

32.           Approve the budget adjustment of $604,282 resulting from an Employment Development Department (EDD) modification to Subgrant Agreement Number K8106694/Tulare County Agreement Number 28301 to provide employment and training services to dislocated workers in Tulare County (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

33.           Request from the Assessor's Office to authorize an increase in the minimum assessed value standard, allowed under Section 155.20 of the Revenue and Taxation Code and established by Board of Supervisors resolution, as follows: Beginning with the 2019-20 Fiscal Year and all succeeding fiscal years; exempt from taxation all real and personal property with a full value of five thousand dollars ($5,000) or less, except that this limitation shall be increased to fifty thousand dollars ($50,000) in the case of a possessory interest, for a temporary and transitory use, in a publicly owned fairground, fairground facility, convention facility, or cultural facility. Pursuant to Revenue and Taxation Code section 52, this resolution will apply to all the aforementioned with the exception of the following: Property which is enforceably restricted; Property restricted to timberland use; Property used exclusively for nonprofit golf course purposes; Property owned by a local government which is located outside of its boundaries. Supersede Board of Supervisors Resolution No. 1984-17, which set the minimum taxable value at $1,000.

34.           Request from the County Administrative Office to introduce and waive the first reading of an ordinance amending Sections 1-19-1205 of Article 5 of Chapter 19 of Part 1, of the Ordinance Code, pertaining to Mileage and Per Diem of Grand Jurors.

35.           Receive a Presentation from Board of Supervisors’ staff regarding Measure H for the purpose of reopening the Tulare Regional Medical Center. Approve a resolution in support of Measure H.  

 (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 REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  420 N. Burke Street, Visalia, CA

Agency Negotiators:   Michael C. Spata; Jason T. Britt; John Hess

Negotiating Party or Parties:  City of Visalia

Under Negotiation:  Price and Terms of Payment

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: NE Corner of N. Main St. and W. Olive Ave., Porterville. 

Agency Negotiators:  Michael C. Spata; Jason T. Britt; John Hess

Negotiating Party or Parties:  Cornerstone Main Partners, LP

Under Negotiation:  Price and Terms of Payment

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Robert Carter v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ8380388, ADJ8380355, ADJ843056, ADJ8581703, ADJ9898982

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Scott Mock v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ10584324

ITEM E

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  HEALTH & HUMAN SERVICES AGENCY DIRECTOR

ITEM F

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata, Jason T. Britt

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees.