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

 

 

 

 

JASON T. BRITT

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

 

 

December 18, 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.               Recognize Melvin Gong for 12 years of dedicated service to the Tulare County Planning Commission.

3.               Recognize Sergeant Edgar Villalobos upon his retirement from the Tulare County Sheriff's Department for his many years of County Service.

4.               Recognize Las Palmas Mexican Restaurant for their 53 years of dedicated service to the community.

5.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

6.               PUBLIC HEARING:  Request from the Resource Management Agency to affirm that on March 20, 2018, the County of Tulare adopted a Local Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000. Approve the findings and recommendations of the Planning Commission. Approve a Statutory Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15262 (Feasibility and Planning Studies) and Section 15061(b)3, the general rule exemption. Adopt General Plan Amendment No. GPA 18-004 to Incorporate by Reference the 2018 Local Hazard Mitigation Plan into the Health and Safety Element which includes updated language in the Introduction on Page 10-3 and updated language in Policies 7.8 and 7.9 on Page 10-59.

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 through 40)

 

 

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.

 

Auditor-Controller/Treasurer-Tax Collector

7.               Approve an agreement with NFP Retirement, Inc. to provide Professional Consulting Services for Tulare County’s Defined Contribution Plan in an amount not to exceed $24,000, effective January 1, 2019 through December 31, 2021.

Board of Supervisors

8.               Adopt a resolution recognizing the 50th Anniversary of the Pacific Crest Trail.

9.               Approve the List of Appointive Offices on Regulatory Commissions and Advisory Boards, Commissions and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2019 for compliance with the Maddy Act and authorize posting.

10.           Cancel the following meetings for the Board of Supervisors during 2019:

January 22                        May 28                             October 1    

February 12                      June 25                            October 29

February 19                      July 2                               November 12

March 5                            July 16                              November 26                                       

March 12                          August 6                           December 3

April 16                             August 27                         December 10

April 23                             September 3                     December 24

May 14                             September 24                   December 31

              

11.           Reappoint Kim Gisler and Macy Wilfong to the At-Large Member Seats on the Tulare County Animal Services Advisory Committee for a term ending January 1, 2022.

12.           Appoint Beth Wilshire to the Education Sector Representative Seat on the Tulare County Task Force on Homelessness for a term ending January 1, 2020.

13.           Appoint Angelica Molina to the City of Dinuba Representative Seat on the Tulare County Task Force on Homelessness for a term ending January 1, 2021.

14.           Appoint Bruce Nicotero to the Seat 13 - Family Seat on the Tulare County Mental Health Board for a term ending December 31, 2020.

15.           Appoint Mary Dieterle and Donna Sims to the At-Large Member Seats on the Tulare County Animal Services Advisory Committee for a term ending January 1, 2022.

16.           Appoint Bridgette Davis to the Partners - Rescue Group Seat on the Tulare County Animal Services Advisory Committee for a term ending January 1, 2021.

17.           Appoint Ivy Ruiz to the District 3 Seat, Oma L. Mansfield to the District 5 Seat, and Bonnie Heasley to the District 2 Seat on the Tulare County Animal Services Advisory Committee for a term ending January 1, 2022.

County Administrative Office

18.           Ratify actions by the County Administrative Officer during the month of November 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.

Fire Department

19.           Authorize the submission of a grant application for a Federal Emergency Management Agency Fire Prevention and Safety Grant to purchase smoke and carbon monoxide detectors in an amount not to exceed $5,500.

General Services Agency

20.           Approve an amendment to Agreement No. 27574 with Bernards Bros., Inc. to increase the agreement amount by $127,164 from $52,844,281 to $52,971,445. Authorize the Chairman to sign the Agreement Amendment subject to review and approval as to form by County Counsel.

21.           Approve the bid documents for the Fire Station No. 1 Project. Authorize the advertisement of bids for the subject project. Set the bid opening for the project at 2:00 p.m. on Thursday, February 7, 2019.

22.           Waive the second reading and adopt an ordinance amending the heading of, and amending or repealing various sections of, Article 7 of Chapter 3 of Part I of the Ordinance Code, pertaining to Purchasing. Direct the Clerk to publish a summary of the ordinance and post a full copy of the ordinance after adoption as required by law.

Health & Human Services Agency

23.           Approve an amendment to the co-applicant agreement No. 28902 between County of Tulare, acting through the County Board of Supervisors, and Community Health Center Board effective December 18, 2018 to make the ex-officio a non-voting board member.

24.           Approve an agreement with Plumas County acting as the host entity of the Local Government Agency Consortium over School-Based Medi-Cal Administrative Activities Trust Fund to update the fee structure in an amount not to exceed $54,100, retroactive from July 1, 2018 through June 30, 2019.

25.           Approve an agreement with Plumas County acting as the host entity of the Local Government Agency Consortium over County-Based Medi-Cal Administrative Activities Trust Fund to update the fee structure in an amount not to exceed $8,595, retroactive from July 1, 2018 through June 30, 2019.

26.           Approve an agreement with Courage to Change for the provision of intensive mental health services to Tulare County minors in an amount not to exceed $700,000, effective December 18, 2018 through June 30, 2019.

27.           Approve an amendment to Agreement No. 28875 with Imperial Locum Services, APC. for the provision of adult, adolescent, and child psychiatric services in an amount not to exceed $800,000, effective December 18, 2018 through June 30, 2020.

28.           Approve the termination of Agreement No. 24867 Intensive Treatment Foster Care Services with ASPIRAnet, Inc. Approve the termination of Agreement No. 24868 Intensive Treatment Foster Care Services with Family Builders. Approve the termination of Agreement No. 25177 Intensive Treatment Foster Care Services with Golden State.

29.           Approve the Tulare County Council on Child and Youth Development Annual Certification Statement regarding composition of the Local Planning Council for 2019.

30.           Approve an agreement with The Greeley Company, LLC to review medical charts and evaluate the services provided at Tulare County Health & Human Services Agencies Health Care Centers in an amount not to exceed $392,040 over a three (3) year period, effective December 18, 2018 through December 18, 2021.

31.           Approve an amendment to Agreement No. 28713 with Kaweah Delta Health Care District for the purpose of including a Grant Exhibit which outlines the Grant commitments for both the County and the District, retroactive from July 1, 2018 through August 31, 2020.

32.           Approve a Memorandum of Understanding between the County of Tulare Health & Human Services Agency, Child Welfare Services Division and the Tulare County Superintendent of Schools to coordinate services and improve communication with children in foster care in the amount of zero dollars, effective December 18, 2018 through June 30, 2021.

33.           Approve additional pay for the position of Health and Human Services Medical Director-Primary Care, Class Code 073212, in Bargaining Unit 20 to allow participation in the same incentive program and at the same incentive rate as provided to members of Bargaining Unit 16, effective December 18, 2018.

Registrar of Voters

34.           Approve the Certified Statement of Vote, as submitted by the Registrar of Voters, for the November 6, 2018 General Election.

35.           Approve an agreement with the State of California, Secretary of State for reimbursement of funds for items related to the Help America Vote Act (HAVA) Polling Place Accessibility Training Program in an amount not to exceed $25,000, effective December 18, 2018 through June 30, 2021. Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

36.           Approve participation in TCAG's program for free rides for Veterans on Veterans Day. Revise the Tulare County Area Transit schedule for New Years Eve to Sunday level service beginning in 2019.

37.           Approve the Final Map for Tract No. TSM 17-004, located at the southeast corner of Avenue 8 and Road 168 west of the community of Richgrove.

38.           Approve an agreement with Cornerstone Structural Engineering Group, Inc. to provide Professional Engineering Consulting Services for the Avenue 376 over Traver Canal Bridge Project in an amount not to exceed $387,188, effective December 18, 2018 through June 30, 2024.

39.           Certify the Mitigated Negative Declaration for the Phase 2 Yettem Water Supply Well and Transmission Mains Project as complete and in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Find that the project is accurately described in the Mitigated Negative Declaration. Find that significant impacts could result from the project, but are mitigated to a level that is less than significant by project features or deliberate mitigation measures. Approve and adopt the Mitigated Negative Declaration, including the accompanying Mitigation Monitoring and Reporting Program.

Sheriff/Coroner

40.           Approve a Memorandum of Understanding with participating agencies to operate the multi-agency task force, Tulare County Collaborative Community Response Team, under the U.S. Department of Justice, Office on Violence Against Women FY 2019 Enhanced Training and Services to End Abuse in Later Life Program (ALL), effective October 1, 2019 through September 30, 2021.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

41.           Request from Health and Human Services Agency to approve a Personnel Resolution amending the classification series, probationary period, salary, and job specifications of the Mental Health Case Manager I, II, and III positions. Approve the necessary salary adjustments in the Mental Health Case Manager I, II, and III positions per the attached Personnel Resolution. Approve a Personnel Resolution retitling employees currently holding the Mental Health Case Manager IV job title to Mental Health Case Manager III. Approve a Personnel Resolution eliminating the Mental Health Case Manager IV classification. Approve a Personnel Resolution adding a new job classification of Mental Health Clinic Administrator. Approve a Personnel Resolution amending the job specifications and salary adjustments for Peer Support Specialist I, II, and III. Approve a Personnel Resolution adding a new job classification of Extra Help - Peer Support Specialist Trainee. Approve a Personnel Resolution to add 2.0 FTE Mental Health Clinic Administrator positions and 1.0 FTE Mental Health Case Manager III position. Approve items 1 through 8 subject to meet and confer by Human Resources and Development and HHSA. Changes will be effective beginning pay period 1 on December 23, 2018. Approve the necessary budget adjustments (4/5ths vote required).

42.           Receive a presentation from the Arts Consortium regarding their designation as the official arts council of Tulare County. Designate the Arts Consortium as the official arts council of Tulare County effective January 1, 2019 through December 31, 2019.

43.           Receive a Presentation from Chairman Steve Worthley.

 (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

Please see today’s Agenda Item relating to the Administrative Amendment to the Health and Safety Element of the General Plan

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Claim by contractor re construction of South County Detention Facility

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Dollar General Findings re: Denial of Special Use Permit No. PSP 16-006, Final Site Plan No. PSR 15-006, and Tentative Parcel Map No. PPM 15-040/PSR.

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: William D. Wittman v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ9522820, ADJ9522597

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Jason T. Britt

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees.