MEMBERS OF THE BOARD

 

KUYLER CROCKER – Chairman

District One

 

PETE VANDER POEL – Vice Chairman

District Two

 

AMY SHUKLIAN

District Three

 

EDDIE VALERO

District Four

 

DENNIS TOWNSEND

District Five

 

County Seal b&w

 

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

 

 

February 26, 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.               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)

 

 

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

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

 

 

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: 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.