MEMBERS OF THE BOARD

 

KUYLER CROCKER –

Vice Chairman

District One

 

PETE VANDER POEL

District Two

 

AMY SHUKLIAN

District Three

 

EDDIE VALERO

District Four

 

DENNIS TOWNSEND

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

 

 

January 8, 2019

 

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.               Swearing-in Ceremony for Supervisor Dennis Townsend, District Five.

2.               Swearing-in Ceremony for Supervisor Eddie Valero, District Four.

3.               Election of the Chairman and Vice Chairman of the Board of Supervisors for the year 2019.

4.               Board of Supervisors matters.

5.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 30)

 

 

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

6.               Approve the 2019 Board of Supervisors Committee Assignments.

7.               Appoint Supervisor Kuyler Crocker to the following Boards, Commissions and Committees:

Greater Kaweah Groundwater Sustainability Agency - Board of Supervisors Alternate Member to serve at the Pleasure of the Board

San Joaquin Valley Unified Air Pollution Control District Board - Board of Supervisors Representative to serve at the Pleasure of the Board

San Joaquin Valley Water Infrastructure Authority Board - Board of Supervisors Representative to serve at the Pleasure of the Board

Tule River Tribe Fee-To-Trust  Ad Hoc - Board of Supervisors Representative to serve at the Pleasure of the Board

Upper Kings Basin Integrated Regional Water Management Authority - Board of Supervisors Representative to serve at the Pleasure of the Board

8.               Appoint Supervisor Pete Vander Poel to the following Boards, Commissions and Committees:

Greater Kaweah Groundwater Sustainability Agency - Board of Supervisors Member to serve at the Pleasure of the Board

 

9.               Appoint Supervisor Amy Shuklian to the following Boards, Commissions and Committees:

Agricultural Policy Advisory Committee - Board of Supervisors Alternate Member to serve at the Pleasure of the Board

San Joaquin Valley Insurance Authority - Board of Supervisors Representative to serve at the Pleasure of the Board

 

10.           Appoint Supervisor Eddie Valero to the following Boards, Commissions and Committees:

Agricultural Policy Advisory Committee - Member 18, Board of Supervisors Regular Member to serve at the Pleasure of the Board

County of Tulare Redevelopment Successor Agency Oversight Board - Board of Supervisors Member to serve at the Pleasure of the Board

Countywide Oversight Board for Tulare County - Member 1, Board of Supervisors Member to serve at the Pleasure of the Board

Kings River East Groundwater Sustainability Agency - Board of Supervisors Representative to serve at the Pleasure of the Board

Kings/Tulare Area Agency on Aging Governing Board - Board of Supervisors Representative to serve at the Pleasure of the Board

Local Agency Formation Commission (LAFCO) – Board of Supervisors Alternate Member to serve at the Pleasure of the Board

San Joaquin Valley Insurance Authority - Board of Supervisors Alternate Representative to serve at the Pleasure of the Board

Step Up Committee - Board of Supervisors Representative for a term ending September 1, 2020

Tulare County Audit Committee – Board of Supervisors Member to serve at the Pleasure of the Board

 

11.           Appoint Supervisor Dennis Townsend to the following Boards, Commissions and Committees:

East Kaweah Groundwater Sustainability Agency - Board of Supervisors Alternate Representative to serve at the Pleasure of the Board

East Tule Groundwater Sustainability Agency - Board of Supervisors Representative to serve at the Pleasure of the Board

Golden State Finance Authority - Board of Supervisors Alternate Representative to serve at the Pleasure of the Board

Indian Gaming Local Community Benefit Committee - Mutually Selected Member Seat for a term ending January 1, 2022

Local Agency Formation Commission (LAFCO) – Board of Supervisors Member to serve at the Pleasure of the Board

Rural County Representatives of California (RCRC) - Board of Supervisors Alternate Representative to serve at the Pleasure of the Board

San Joaquin Valley Water Infrastructure Authority Board - Board of Supervisors Alternate Representative to serve at the Pleasure of the Board

Tulare County Water Commission - Board of Supervisors Alternate Representative to serve at the Pleasure of the Board

Tule River Tribe Fee-To-Trust Ad Hoc - Board of Supervisors Representative to serve at the Pleasure of the Board

12.           Appoint Scott Harness to the Trustee Seat on the Alta Cemetery District for a term ending January 6, 2020.

13.           Appoint John Hess to the Department Head Seat on the Tulare County Audit Committee for a term ending at the Pleasure of the Board.

District Attorney

14.           Approve an amendment to Agreement No. 28897 with the Insurance Commissioner of the State of California to increase the total project cost of the Workers Compensation Insurance Fraud Program from $540,309 to $547,637, retroactive from July 1, 2018 through June 30, 2019.

15.           Approve an amendment to Agreement No. 28898 with the Insurance Commissioner of the State of California to increase the total project cost of the Automobile Insurance Fraud Program from $180,000 to $193,165, retroactive from July 1, 2018 through June 30, 2019.

 

Health & Human Services Agency

16.           Approve the annual Certification Statements for California Childrens Services and Child Health and Disability Prevention programs to receive funding in an amount not to exceed $7,070,102 retroactive from July 1, 2018 through June 30, 2019. Approve the necessary budget adjustments (4/5ths vote required).

17.           Approve an amendment to Agreement No. 28437 with Netsmart Technologies, Inc. to include Exhibit C and increase the amount of user licenses for an additional $1,510,382, the total agreement amount will not exceed $4,334,023, retroactive from September 1, 2017 through August 31, 2022.

18.           Approve an agreement with Aegis Treatment Centers, LLC., dba AEGIS for the provision of outpatient methadone maintenance treatment program in an amount not to exceed $250,128 retroactive from March 1, 2018 through June 30, 2019.

19.           Approve an amendment to Agreement No. 28696 with Addiction Research and Treatment Inc., dba BAART for the provision of outpatient methadone maintenance treatment program services in an amount not to exceed $4,751,000, retroactive from March 1, 2018, through June 30, 2019.

20.           Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

21.           Reaffirm the Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.

22.           Authorize the submittal of an advance grant application in the amount of $547,046 to the Governors Office of Emergency Services for the Fiscal Year 2019 State Homeland Security Grant Program, to support emergency preparedness, prevention and response activities conducted by the County of Tulare and other subrecipients in the Tulare Operational Area. Approve the Governing Body Resolution to appoint Authorized Agents to act on behalf of the County in securing and administering Fiscal Year 2019 SHSGP grant funds.

Resource Management Agency

23.           Approve Standard Agreement No. 64BO19-00854 with the State of California, Department of Transportation, for cost reimbursement of transit operating expenses in the amount of $367,300, retroactive from July 1, 2017 through June 30, 2019. Authorize the Chairman of the Board to sign the Standard Agreement and the reimbursement request upon approval of the agreement by the State.

24.           Approve the Memorandum of Understanding with Friant Water Authority to implement preventative measures that would allow five County bridges to be partially submerged to accommodate increased flows along the Friant-Kern Canal to mitigate for bridges experiencing localized subsidence. Allow Friant Water Authority, per stipulated conditions of the Memorandum of Understanding, to perform all preventative maintenance work on five County owned bridges, retroactive to January 2, 2019.

25.           Approve the designation of a One-Way STOP controlled intersection on Waverly Court (Local Road 160B) at Walter Avenue (Local Avenue 329D), in the community of Ivanhoe. Authorize the installation of a STOP sign on Waverly Court at Walter Avenue, in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC). Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15061(b)(3), the general rule exemption, for this activity.

26.           Approve the designation of a Two-Way STOP controlled intersection on Lawson Drive (D232) at Balfour Drive (D229A) and on Guthrie Drive (D230) at Lawson Drive (D232), in the community of Strathmore. Authorize the installation of STOP signs on Lawson Drive at Balfour Drive and on Guthrie Drive at Lawson Drive, in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC). Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15061(b)(3), the general rule exemption, for this activity.

27.           Authorize the filing of one Notice of Partial Non-Renewal for the following Land Conservation Contract, as provided in the Williamson Act. The request fulfills a condition resulting from one tentative parcel map: WAN 18-013  Williamson Act Contract No. 4529, Ag Preserve No. 1817, on the east side of Road 180, approximately 0.5 miles north of State Route 137, four miles west of Lindsay (APN 197-050-003) (Edward and Edna Brower Revocable Living Trust) (3.27 acres to be non-renewed as a condition of PPM 18-025.) (78.4 acres subject to contract amendment.)  Approve the execution of an amendment to the Land Conservation Contract, as a condition of approval for the aforementioned Partial Non-Renewal. Approve the execution of an amendment to one (1) Land Conservation Contract as required by conditions of approval for the following project: PLA 18-020  Williamson Act Contract No. 5088, Ag Preserve No. 1699, located on the east side of Road 160 (State Route 216), south of Avenue 320, one-mile south of Ivanhoe (APNs 108-090-020, -046 and -054), (James C. Hamilton) (52.69 acres subject to contract amendment).

Sheriff/Coroner

28.           Ratify and approve a grant application to the California Department of Public Health for enforcement and education of tobacco laws and the dangers of tobacco use, effective December 21, 2018. The grant period is for February 1, 2019 through January 31, 2022 in an amount up to $240,357.

29.           Approve a Capital Asset purchase of a patrol boat and accompanying boat trailer for use in the Sheriff’s Boating Safety Enforcement Unit, in an amount not to exceed $140,398. Approve Capital Asset purchase of one patrol boat and accompanying boat trailer to be received and paid in FY 2018/19 or FY 2019/20. Approve the necessary budget adjustments (4/5ths vote required).

30.           Approve a Memorandum of Understanding (MOU) between participating agencies to operate the Central Valley High Intensity Drug Trafficking Area High Impact Investigation Team, retroactive from July 1, 2018 through June 30, 2020.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

31.           Request from County Counsel to approve training on February 27, 2019 for special districts and independent agencies on the topics of basic functions and duties of local agencies.

 (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 – EXISTING LITIGATION

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

Name of Case:  Fancher, William and Cathy v. Resource Management Agency

Tulare County Superior Court Case No. 274579

ITEM B

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  AGRICULTURAL COMMISSIONER/SEALER

ITEM C

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.