(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.
Present proclamation recognizing Big Brothers Big Sisters of
Central California on their 50th Anniversary.
3.
Recognize Marilyn Wright upon her retirement from the
Agricultural Commissioner/Sealer Department for her many years of County
Service.
4.
Public comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
5.
CONTINUED PUBLIC HEARING: Request from the Fire
Department for Fire Hazard Abatement Cost Recovery for 2018. Confirm the
recommended reduced accounting for costs as shown on Exhibit A as being
accurate and reasonable. Order that the costs as confirmed be recorded in the
office of the Tulare County Recorder. Order that the Tulare County
Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax
roll as special assessments against the respective parcels of land, with the
caveat that the confirmed costs shall not be placed on the tax roll if paid in
full prior to entry of said costs on the tax roll. Direct the Fire Department
to return to the Board within sixty (60) days with recommendations for
improvements to the Fire Hazard Abatement program and the cost recovery
processes.
(Consent Calendar)
CONSENT CALENDAR (Numbers 6 through 54)
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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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Agricultural Commissioner/Sealer
6.
Approve an agreement with the
California Department of Food and Agriculture for providing State subvention in
the amount of $371,269 to offset costs of providing Asian Citrus Psyllid
detection trapping services, retroactive from October 1, 2018 through September
30, 2019. Determine that the project is categorically exempt from CEQA under
Title 14 CCR, Section 15061(b)(3), the general rule exemption.
Board of Supervisors
7.
Amend Resolution No. 2018-1020 to cancel the June 11, 2019
regular Board of Supervisors meeting and add the June 25, 2019 regular Board of
Supervisors meeting to the calendar.
8.
Adopt the Order of Adjournment of the Board Supervisors meetings
to specified times and locations as follows:
April 2, 2019 – District 1
Ø
The Regular
Meeting will convene for purposes of Closed Session at 4:00 p.m. in the County
of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel
Avenue, Visalia and then be reconvened for purposes of Open Session at 6:30
p.m. at the Strathmore Memorial Building located at 23100 Avenue 196,
Strathmore.
June
18, 2019 – District 2
Ø
The Regular
Meeting will convene for purposes of Closed Session at 4:00 p.m. in the County
of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel
Avenue, Visalia and then be reconvened for purposes of Open Session at 6:30
p.m. at the Pixley Community Center located at 161 N. Pine Street, Pixley.
9.
Appoint the following individuals In Lieu of Election to the
Teapot Dome Water District for terms ending December 2, 2022: Matt Leider,
Director and David Sherwood, Director. Due to clerical error, these
appointments were omitted from the action by the Board of Supervisors on
November 6, 2018.
10.
Appoint Mark Gist to the Tulare County Sheriff's Department Seat
on the Step Up Committee for a term ending September 1, 2020.
11.
Appoint Juan Guerrero to the District 3 - Seat 2 on the Tulare
County Youth Commission for a term ending June 30, 2019.
12.
Reappoint Bob Link to the City of Visalia Representative Seat on
the Tulare County Task Force on Homelessness for a term ending January 1, 2022.
13.
Reappoint Rex Clark to the District 4 Seat on the Tulare County
Fish and Wildlife Commission for a term ending September 4, 2020.
14.
Appoint Martha Flores to the City of Porterville Representative
Seat on the Tulare County Task Force on Homelessness for a term ending January
1, 2022.
15.
Appoint Tim Allan, Director Seat, Peter Harman, Director Seat,
and John E. Konda, Director Seat on the Hope Water District for terms ending
December 3, 2021.
Clerk of the Board
16.
Approve the amended Conflict of
Interest Code adopted by Tulare Joint Union High School District.
County Administrative Office
17.
Ratify actions by the County
Administrative Officer during the month of January 2019. Find that the
activities funded pursuant to the good works funding agreements are necessary
to meet social needs of the residents of Tulare County.
18.
Approve the Excess of 10% for
the purchase of 43 Ford Interceptors in the FY 2018-19 Vehicle Internal
Borrowing Program.
District Attorney
19.
Approve the capital asset
purchase of one storage server for digital forensic evidence in an amount not
to exceed $12,000. Approve the necessary budget adjustments (4/5ths vote
required).
General Services Agency
20.
Approve an amendment to
Agreement No. 26564 with Vanir Construction Management to increase the
agreement amount by $397,000 from $3,597,548 to $3,994,548 for the South County
Detention Facility. Authorize the Chairman to sign the amendment subject to
review and approval as to form by County Counsel.
21.
Approve an amendment to
Agreement No 26311 with the Board of State and Community Corrections for the
South County Detention Facility to replace the Project Time Table, retroactive
from January 31, 2019. Authorize the Chairman to sign the amendment subject to
review and approval as to form by County Counsel.
22.
Approve three SCE Net Energy
Metering and Renewable Electrical Generating Facility Interconnection
Agreements for Solar Projects at the following locations: South County
Detention Facility, 1960 West Scranton Ave., Porterville, CA 93257; Government
Plaza, 5959 S. Mooney Blvd.,Visalia, CA 93277; and Tulare Akers Professional
Center, 5300 W. Tulare Ave., Visalia, CA 93277.
Health & Human Services Agency
23.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
24.
Reaffirm the Proclamation of a
Local Emergency due to tree mortality in Tulare County Resolution No.
2015-0850.
25.
Authorize the submittal of the
Mental Health Services Act Annual Update Plan for Fiscal Year 2018/2019,
retroactive from July 1, 2018, to the Department of Health Care Services and
Mental Health Services Oversight and Accountability Commission.
26.
Approve a Memorandum of
Understanding with Valley Regional Counties for the Mutual Aid Plan, effective
February 26, 2019 through October 31, 2021, for support of partner county human
services agencies in maintaining the level of service to CalFresh clients in
times of disaster or other emergencies. There is no cost associated with the
Memorandum of Understanding.
27.
Approve an agreement with Clean
Harbors Environmental Services, Inc. to provide household hazardous waste
transportation and disposal services for Tulare County Health and Human
Services Agency, Public Health Branch, Environmental Health Division, in an
amount not to exceed $400,000, retroactive from July 1, 2018 through June 30,
2021.
28.
Approve an addendum to
Memorandum of Understanding Agreement No. 28234 with Health Net Community
Solutions, Inc., dba Health Net, County of Tulare to describe the
responsibilities of the County and Health Net for coordination of Medi-Cal
Alcohol and Other Drug services for plan members served by both parties under
the Department of Health Care Services Medi-Cal Managed Care Program. This
Memorandum of Understanding is retroactive from January 1, 2019, and will be in
effect until terminated by either party.
29.
Approve an agreement with
Language Line Services, Inc., for language interpretation, translation, and
video interpretation services effective February 26, 2019 for a three-year base
contract not to exceed $120,000, and for three optional one-year extensions
through June 30, 2024 upon negotiation.
30.
Approve an agreement with
Oaklandidence OPCO, LLC DBA Medical Hill Healthcare Center in an amount not to
exceed $360,000 ($180,000 each fiscal year) for the provision of a Mental
Health Rehabilitation Program retroactive from February 1, 2018 through June 30,
2019.
31.
Approve an agreement with
Turning Point of Central California, Inc., Visalia Reentry Center, for the
provision of substance use residential services in the amount not to exceed $232,228
effective February 26, 2019 through June 30, 2019.
Information & Communications
Technology
32.
Approve a Capital Asset
purchase of a Cargo Van in an amount not to exceed $35,000. Approve the
necessary budget adjustments (4/5th vote required).
Probation
33.
Approve an agreement with the
Workforce Investment Board (WIB) in an amount not to exceed $201,579 to provide
job readiness training for individuals under the supervision of the Tulare
County Probation Department as part of the Department’s Readiness for
Employment and Sustainable Education & Training (RESET) Program,
retroactive from January 1, 2019 through June 30, 2020. Approve the necessary
budget adjustment (4/5ths vote required).
Resource Management Agency
34.
Approve the Plans, Special
Provisions, Proposal and Contract (Bid Documents) for the construction of the
Woodville Sidewalk Improvement Project. Authorize the Chairman of the Board of
Supervisors to sign the Plans once Division of The State Architects (DSA)
review is completed. Approve the advertisement for bids for the Woodville
Sidewalk Improvement Project. Affirm the Categorical Exemption filed on January
17, 2018 prepared pursuant to the California Environmental Quality Act (CEQA)
and the State CEQA Guidelines General Rule Exemption per Section 15300.4
Application by Public Agencies and Section 15301 Existing Facilities,
respectively, for the project.
35.
Approve the Plans, Special
Provisions, Proposal and Contract (Bid Documents) for the construction of the
Worth Drive (M146) Safety Improvements Project. Approve the advertisement for
bids of the Worth Drive (M146) Safety Improvements Project. Adopt the
Categorical Exemption prepared pursuant to the California Environmental Quality
Act (CEQA) and the State CEQA Guidelines Section 15301 Existing Facilities for
the project.
36.
Ratify and approve agreement
No. 28938, for a construction grant for Phase 1 of the Seville & Yettem
Water System Improvements Project in the amount of $4,028,896, retroactive from
March 27, 2018 through November 1, 2020. Ratify the former Chairman's
signature on the agreement.
37.
Approve the Measure R Program
Supplement to Cooperative Agreement for the Preliminary Engineering Phase,
Right-of-Way Phase and Construction Phase for the M109 over White River Bridge
Project in the amount of $424,964.
38.
Approve an amendment to
Agreement No. 27510 with NCM Engineering Corporation to increase the contract
amount by $35,757 and to extend the term of the agreement through June 30,
2022, for engineering support services for the Avenue 364 over Cottonwood Creek
Bridge Project.
39.
Approve an amendment to
Agreement No. 27724 with the California Department of Water Resources to extend
the term of the agreement through December 31, 2019, for a Drought Emergency
Oversight Program Grant.
40.
Accept the work for the
construction of the 2018 Road Repair and Accountability Act (RRAA) Project 1 as
complete by Agee Construction Corporation of Clovis, California.
41.
Accept the work for the
construction of the 2018 Road Repair and Accountability Act (RRAA) Project 2 as
complete by Agee Construction Corporation of Clovis, California.
42.
Accept the work for the
construction of the D129 Sand Creek Bridge Project as complete by Agee
Construction Corporation of Clovis, California.
43.
Accept the work for the
construction of the Earlimart Neighborhood Park Project as complete by JT2,
Inc. DBA Todd Companies of Visalia, California. Authorize an increase of
contract contingencies in the amount of $21,498.91 in excess of the contingency
amount authorized at the time of award.
44.
Accept the work for the
construction of the 2016 Community Transportation Infrastructure Program Phase
1 as complete by JT2, Inc. DBA Todd Companies of Visalia, California.
45.
Approve a change of designation
of the existing Two-Way STOP control on Avenue 204 at Meredith Drive (D228A) to
a One-Way STOP control for southbound traffic on Meredith Drive at Avenue 204,
just north of the community of Strathmore. Authorize the removal of STOP signs
on Avenue 204 and the installation of a STOP sign for southbound traffic on
Meredith Drive at Avenue 204, 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)
general rule exemption for the project.
46.
Approve the 2019 Visalia Senior
Games Event to be held on Sunday, March 31, 2019 from 6:00 a.m. to 2:00 p.m. in
Yokohl Valley. Approve the 2019 Visalia Senior Games Event to be an on-going
event for future years until such time as conditions of the event and/or the
location change, and subject to submittals of complete application for each
annual event.
47.
Authorize the filing of two (2)
Notices of Partial Non-Renewal for the following Land Conservation Contracts,
as provided in the Williamson Act. The requests fulfill conditions resulting
from two (2) tentative parcel maps: WAN 18-006 Williamson Act Contract No.
7987, Ag Preserve No. 2641, on the west side of Road 140, south of Avenue 104,
near Pixley (APN 300-260-001) (Mike Dollinger) (2.76 acres to be non-renewed as
a condition of PPM 18-014.) (158.79 acres subject to contract amendment.) WAN
18-017 Williamson Act Contract No. 4461, Ag Preserve No. 1286, on the
northwest corner of Road 168 and Avenue 416, near Orosi (APN 035-032-005)
(Trinidad Pena) (2.91 acres to be non-renewed as a condition of PPM 18-028.)
(20.21 acres subject to contract amendment.) Approve the execution of
amendments to Land Conservation Contracts, as conditions of approval for the
aforementioned Partial Non-Renewals.
48.
Authorize both the Director of
the Resource Management Agency and/or designee and Dennis R. Keller to serve as
authorized negotiators for Tulare County in negotiations of a long term
repayment contract under section 9e of the Reclamation Project Act of 1939 for
the Cross Valley Canal. Authorize the Director of the Resource Management
Agency to submit a letter to the U.S. Bureau of Reclamation appointing said
negotiators for Tulare County.
49.
Approve a Contract with
Southern California Edison for Extension of Electric Distribution Line at the
Tulare County Transit Operations and Maintenance Facility.
50.
Reject all bids received on
February 11, 2019 for the Compressed Natural Gas (CNG) Fueling System at the
Transit Operations and Maintenance Facility Project. Approve the
re-advertisement for bids for the CNG Fueling System at the Transit Operations
and Maintenance Facility Project.
51.
Adopt the Mandatory Resolution
for the continuation of the Seville Bottled Water Program. Authorize and
direct the Chairman of the Board to sign the Project Director Certification
Form from the State Water Resources Control Board.
Sheriff/Coroner
52.
Approve the grant award
Memorandum of Understanding with the California Department of Justice for the
Untested Sexual Assault Evidence Grant Program to accept grant funding in the
amount of $1,605, retroactive from February 1, 2019 through June 30, 2019. Approve
the necessary budget adjustments (4/5ths vote required).
53.
Approve an agreement with
Family Services of Tulare County for domestic violence response, to receive
funding in an amount not to exceed $40,052, retroactive from January 1, 2019
through December 31, 2019. Approve the necessary budget adjustments (4/5ths
vote required).
54.
Approve the capital asset
purchase of a farm tractor to support the day-to-day operations of the Sheriffs
Office Farm Unit, in an amount not to exceed $29,000. Authorize the necessary
budget adjustments (4/5ths vote required).
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
55.
Request from the District Attorney to approve the
Personnel Resolution amending the Fiscal Year 2018/19 position allocation as
follows: Delete one (1) FTE Legal Office Assistant II position, Position No.
07997, and one (1) FTE DA Investigator position, Position No. 00475; Add one
(1) FTE Deputy District Attorney II position, and two (2) FTEs Prosecution
Assistant positions, effective March 17, 2019. Approve the attached amended
existing classification specifications of Prosecution Assistant.
56.
Request from the Health and Human Services Agency to
authorize expiration of the California Environmental Laboratory Accreditation
effective on May 31, 2019, and transition to the California Department of Food
and Agriculture certification for the water quality testing program performed
at the Tulare County Public Health Laboratory.
57.
Request from the Health and Human Services Agency to
approve the Tulare County Council on Child and Youth Development Needs
Assessment for the purpose of assessing the unmet needs for child care in
Tulare County. The needs assessment will be effective as of February 26, 2019.
There is no cost associated with this assessment.
58.
Request from the Human Resources and Development
Department to set the Annual Salary for the position of Retirement
Administrator, in Bargaining Unit 10, in the amount of $165,000, the same
standard benefits provided to Bargaining Unit 10 employees, with an additional
benefit of Auto Allowance at $447 monthly, effective March 30, 2019.
59.
Request from the Resource Management Agency to approve
the Final Map for Phase 1 of Subdivision Tract No. 789, located between Avenue
308 and Avenue 310 east of Road 72, in the community of Goshen. Approve the
Agreement to complete all required public improvements for Phase 1 of
Subdivision Tract No. 789. Accept the road right of way dedications for Phase 1
of Subdivision Tract No. 789 as shown on the Final Map.
60.
Request from the Resource Management Agency to approve
proceedings to form Assessment District No. 18-789-GOSHEN, to pay for storm
drainage system maintenance within Phase 1 of Subdivision Tract No. 789,
located between Avenue 308 and Avenue 310 east of Road 72, in the community of
Goshen. Approve the proposed Boundary Map, proposed Assessment Diagram, and
Engineers Report. Declare the Boards intention to levy and collect assessments.
Accept the ballot and waiver of public meetings and hearings, including notice
thereof, provided by the property owner. Approve the formation of the
Assessment District and imposition of assessments. Approve the agreement
authorizing TRD 2 Goshen Village, LLC to collect the assessments for Fiscal
Year 2018/2019 and 2019/2020 upon first conveyance of each lot. Approve the AUD
308 form establishing a budget for the Assessment District (4/5ths vote
required).
61.
Request from the Resource Management Agency to approve
proceedings to form Assessment District No. 18-789R-GOSHEN, to pay for public
street maintenance within Phase 1 of Subdivision Tract No. 789, located between
Avenue 308 and Avenue 310 east of Road 72, in the community of Goshen. Approve
the proposed Boundary Map, proposed Assessment Diagram, and Engineers Report.
Declare the Boards intention to levy and collect assessments. Accept the ballot
and waiver of public meetings and hearings, including notice thereof, provided
by the property owner. Approve the formation of the Assessment District and
imposition of assessments. Approve the agreement authorizing TRD 2 Goshen
Village, LLC to collect the assessments for Fiscal Years 2018/2019 and
2019/2020 upon first conveyance of each lot. Approve the AUD 308 form
establishing a budget for the Assessment District (4/5ths vote required).
62.
Presentation given by the Agricultural
Commissioner/Sealer regarding concerns about industrial hemp cultivation in the
unincorporated areas of the County of Tulare. Provide direction to the
Agricultural Commissioner/Sealer regarding a potential moratorium (interim,
urgency ordinance) of Industrial Hemp cultivation within the County.
63.
1:30 PM STUDY SESSION: Request from the County
Administrative Office to provide direction to staff on the following topics:
1.
Report by Paul Yoder of Shaw, Yoder, Antwih on the California State Budget and
legislate initiatives.
2.
Discuss a draft of the County's Federal and State Legislative Platform.
3.
Discuss revising the County’s Financial Policies to include a strategic
Reserve.
(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 – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 6
See today’s public agenda item pertaining to
the fire hazard abatement cost recovery.
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: JT2, Inc. v. County of Tulare,
a public entity
Tulare County Superior Court Case No.:VCU
277191
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Sylvia Barnes v. County of
Tulare
Workers’ Compensation Appeals Board
No.:ADJ10803364
ITEM E
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.:ADJ95228210, ADJ9522597
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Services Employees
International Union Local 521 v. County of Tulare, Public Employment Relations
Board Case No. SA-CE-1063-M
ITEM G
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: Unknown
ITEM H
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.
