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

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS, ANDTHE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

May 21, 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.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.               PUBLIC HEARING: Request from the Resource Management Agency to receive a Petition to create the proposed Andersen Village Community Facilities District; authorization and approval of the County of Tulare Local Goals and Policies Concerning the Use of the Mello-Roos Community Facilities Act of 1982; and establishing a Community Facilities District and Future Annexation Area (Tulare County Community Facilities District 2019-01) and a Community Facilities District for the Andersen Village Specific Plan Area.

4.               PUBLIC HEARING: Request from the Resource Management Agency to introduce and waive the first reading of the Sequoia Gateway Development Agreement Ordinance. Set the second reading of the Ordinance for June 4, 2019.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 51)

 

 

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 Certified Farmers Market Inspections in an amount not to exceed $10,464, effective July 1, 2019 through June 30, 2020.

6.               Approve an agreement with the California Department of Food and Agriculture for the Organic Inspections Program in an amount not to exceed $4,390, effective July 1, 2019 through June 30, 2020.

7.               Approve an agreement with the California Department of Food and Agriculture to provide State funding of $43,799.95 to offset costs of providing fruit and vegetable inspection services for the State Standardization program, effective July 1, 2019 through June 30, 2020. 

8.               Approve an agreement with the California Department of Food and Agriculture to provide State funding of $222,429.38 to offset costs of providing Navel and Valencia Inspections services for the state Maturity/Freeze program, effective July 1, 2019 through June 30, 2020.

9.               Approve the Capital Asset expenditure in an amount not to exceed $7,584, for the purchase of gas monitoring safety equipment for the Agricultural Commissioner. Approve the necessary budget adjustments (4/5ths vote required).

Board of Supervisors

10.           Approve a letter of opposition to SB 144, Mitchell – Criminal fees.

11.           Approve a letter of support for H.R. 1600 – RAILWAY Act.

12.           Appoint Roland Hill and Kevin Mikesell to the Active Full-time County Employee/Plan Participant Seats on the Tulare County Defined Contribution Committee for a term ending May 21, 2023.

13.           Reappoint Chad Wegley to the District 4 Seat on the Tulare County Water Commission for a term ending April 30, 2021.

14.           Reappoint George McEwen to the Director Seat on the Tulare County Pest Control District for a term ending April 23, 2023.

15.           Reappoint Paul Boyer to the At-Large Member Seat on the Tulare County Water Commission for a term ending April 30, 2021.

16.           Reappoint Jim Young to the Member 6 Seat on the Tulare County Employees' Retirement Board for a term ending December 31, 2021.

County Counsel/Risk Management

17.           Waive the second reading and adopt an ordinance adding Article 31 to Chapter 3 of Part I of the Ordinance Code of Tulare County pertaining to administrative appeal procedures and establishing the office of County Hearing Officer; establishing a Local Appeals Board; amending various provisions of the Ordinance Code pertaining to administrative appeals; and correcting miscellaneous clerical errors. Direct the Clerk to publish a summary of the ordinance and post a full copy of the ordinance after adoption as required by law. Direct the Clerk to recruit applicants for the Hearing Officer panel and the Local Appeals Board and return to the Board with potential appointments.

Fire Department

18.           Approve an increase of $10,097 for the Capital Asset purchase request of two (2) F250 trucks and two (2) Custom Utility Truck Beds to equip the F250 trucks for an increased total of $100,097. Approve the necessary budget adjustments (4/5ths vote required).

19.           Approve the submission of a grant application to the Department of Forestry and Fire Protection Volunteer Fire Assistance (VFA) Program to purchase wildland fire suppression equipment.

General Services Agency

20.           Approve an agreement with PG&E for Installation or Allocation of Special Facilities for Parallel Operation of Nonutility-Owned Generation and/or Electrical Standby Services for the Solar Project at the Juvenile Justice Center, 11200 Avenue 368, Visalia, CA 93291.

21.           Approve an amendment to Agreement No. 28692 with Water Dynamics Inc. to increase the amount by $80,000, from $278,980.08 to $358,980.08 for the current term through June 30, 2019, and to amend the Scope of Work to include emergency call out protocol. Approve an adjustment to the Facilities budget for Fiscal Year 2018/19 in the amount of $80,000 to cover the increased agreement amount. Approve the necessary budget adjustment (4/5ths vote required).

22.           Approve the purchase and implementation of Active Network reservation software for Fiscal Year 2018/19 in an amount not to exceed $7,600, for the Parks & Recreation Division. Approve the necessary budget adjustment (4/5ths vote required).

23.           Direct staff to apply for grant funding through the Statewide Park Development and Community Revitalization Program to renovate the Park in Goshen.

Health & Human Services Agency

24.           Approve an agreement with David E. Kilgore, M.D., for the provision of psychiatric services in an amount not to exceed $454,000 ($227,000 for each Fiscal Year 2019-2020 and 2020-2021), effective July 1, 2019 through June 30, 2021.

25.           Approve an agreement with Kings View Corporation for the provision of psychiatric services in an amount not to exceed $600,000, effective July 1, 2019 through June 30, 2021.

26.           Approve an agreement with Community Services and Employment Training, Inc. to provide the Supported Employment and Volunteer Program in an amount not to exceed $755,527, effective July 1, 2019 through June 30, 2020.

27.           Approve an agreement with Maxim Health Care Services, Inc., to provide temporary placement of healthcare providers at Tulare County Health Care Centers in an amount not to exceed $875,000, retroactive from March 1, 2019 through June 30, 2021.

28.           Approve an amendment to Agreement No. 28554 with Parenting Network, Inc. Family Resource Center in Visalia to decrease the maximum amount of the agreement from $281,000 to $279,582 for the provision of a Differential Response Pre and Post Services program, effective May 21, 2019 through June 30, 2019.

29.           Approve a Memorandum of Understanding with Creative Alternative, Inc. to provide services on behalf of Tulare County Child Welfare Services foster children. This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information, effective May 21, 2019 through June 30, 2019.

30.           Approve a Memorandum of Understanding with Golden State Family Services, Inc. to provide services on behalf of Tulare County Child Welfare Services foster children.  This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information, effective July 1, 2019 through June 30, 2022.

31.           Authorize the Tulare County Health and Human Services Agency's Human Services Branch Director to accept an additional Fiscal Year 2018/2019 Housing Support Program Allocation for homeless assistance in the amount of $25,191.09 from the State of California. Approve the amendment to Agreement No. 28605 with Community Services and Employment Training, Inc. for administration of the Housing Support Program effective May 21, 2019 through June 30, 2019 to include the additional allocation for an amended agreement amount not to exceed $407,279.09. Approve the necessary budget adjustments (4/5ths vote required).

32.           Approve the appointment of Donna Ortiz as the Director of Local Mental Health Services for the Health and Human Services Agency. Find that the Board had authority to appoint Donna Ortiz as of May 12, 2019, and that it was in the County's best interest to appoint her on that date. Authorize the Chairman of the Board to sign a letter addressed to California Department of Healthcare Services approving the appointment of Donna Ortiz to the Director of Local Mental Health Services. 

Information & Communications Technology

33.           Approve an amendment to Agreement No. 28905 to modify scope of work for the design and deployment of Secure Socket Layer-Virtual Private Network (SSL-VPN) and include the Design and Deploy NSX Bridge for the application migration at no additional cost to the County retroactive from April 1, 2019 through August 30, 2019. 

Library

34.           Approve an amendment to Agreement No. 27969 with the City of Farmersville for library services to the City, with a revised contract termination date of October 31, 2019.

Resource Management Agency

35.           Approve the Plans, Special Provisions, Proposal and Contract (Bid Documents) for the construction of the 2019 Road Repair and Accountability Act (RRAA) Project 1. Approve the advertisement for bids of the 2019 Road Repair and Accountability Act (RRAA) Project 1. Adopt the Categorical Exemption 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 2019 Road Repair and Accountability Act (RRAA) Project 1.

36.           Approve and award the contract to the lowest responsive and responsible bidder, DOD Construction from Bakersfield, California, in the amount of $580,021 for construction of Woodville Sidewalk Improvement 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.

37.           Approve and award the contract to the lowest responsive and responsible bidder, Safety Striping Service, Inc. from Goshen, California, in the amount of $198,980 for construction of Worth Drive (M146) 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.

38.           Approve a Grant Agreement with the State Water Resources Control Board for the Countywide Bottled Water Program in an amount not to exceed $200,000, effective May 21, 2019 through September 30, 2020. Approve the necessary budget adjustments (4/5th vote required).

39.           Approve an agreement with the State of California, acting by and through the Department of Transportation, for the exchange of Federal Transportation project funds amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year 2018/2019. Accept the $100,000 from the State as matching funds.

40.           Accept the work for the construction of the Spacer Drive (D134) Safety Improvements Project as complete by Lees Paving, Inc. of Visalia, California; authorize the signing and recording of a Notice of Completion for the work.

41.           Approve an amendment to Agreement No. 27350 and assign all the rights and responsibilities under Tulare County Agreement No. 27350 and Amendment 27350-A with Omni-Means, Ltd. for professional engineering consulting services for the Avenue 280 Road Widening Project to GHD, Inc., effective May 21, 2019 through December 31, 2019.

42.           Approve a Right of Entry Agreement with the United States Post Office for the Pixley Main Street Improvements Project, effective May 21, 2019 through November 26, 2020.

43.           Approve the Program Supplement Agreement with the California Department of Transportation for environmental mitigation for the Balch Park Road over Rancheria Creek Bridge Project in an amount not to exceed $147,000.

44.           Approve a Utility Agreement with Southern California Edison for relocation work to provide additional vertical clearance between pole nos. 4568014E and 4568015E for the Avenue 280 Widening Project, in an amount not to exceed $75,000.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

45.           Approve an Extraterritorial Service Agreement between Setton Pistachios of Terra Bella, Inc. and the Terra Bella Sewer Maintenance District. 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.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

46.           Waive the second reading and adopt an ordinance amending section 3-03-1015 of Article 1, and Articles 5 and 7, of Chapter 3 of Part III of the Tulare County Ordinance Code, relating to Standing, Stopping, and Parking.

47.           Certify the Mitigated Negative Declaration for the Avenue 392 Sand Creek Bridge Project (State Clearinghouse #2017111043) 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.  Approve the Project as 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. Authorize the Environmental Assessment Officer, or their designee, to sign and file the Notice of Determination with the Clerk-Recorder.

Sheriff/Coroner

48.           Approve an agreement with U.S. Department of Justice to provide investigator assistance in an amount not to exceed $25,000, retroactive from May 1, 2019 through September 30, 2019.

49.           Authorize the submission of an online grant application for funding from the U.S. Department of Justice, Bulletproof Vest Partnership Program, effective July 1, 2019 through June 30, 2020 to assist in the purchase of vests for the Sheriff's Office and Probation Department.

50.           Authorize the submission of an online application for Federal reimbursement by May 23, 2019 to the U.S. Department of Justice for the period of July 1, 2017 through June 30, 2018, for the State Criminal Alien Assistance Program.

51.           Approve a payment of Invoice No. 8437 in the amount of $32,000 and Invoice No. 8918 in the amount of $25,000 from CI Technologies, Inc. for IA Pro internal affairs/professional standards software for a total payment of $57,000. Approve the necessary budget adjustments (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

52.           Request from the Health and Human Services Agency to approve the Post-Retirement Employment of Mental Health Electronic Health Records Manager, Valerie Toews, as an extra help Electronic Health Records Expert for the Mental Health Branch of the Health and Human Services Agency, effective May 21, 2019. Waive the 180-day waiting period to return to work for the position. 

53.           Request from the District Attorney's Office to approve the attached new classification specification, class designation, grade effective May 26, 2019, of Victim Witness Worker III, pending meet, and confer with the affected bargaining unit. Approve a Personnel Resolution to add one (1) FTE Legal Office Assistant I/II/III position, flexibly allocated, and add one (1) FTE Victim Witness Worker I/II/III position, flexibly allocated, effective May 26, 2019. Approve the amendment to flexibly allocate all Victim Witness Worker I/II allocations to Victim Witness Worker III allocations, effective May 26, 2019, pending meet and confer with the affected bargaining unit.

54.           Request from the General Services Agency to approve the new name for the 11th Tulare County Park located in the community of Goshen as, "Community Park of Goshen."

55.           Request from the Resource Management Agency to approve the Personnel Resolution amending the Fiscal Year 2018/19 position allocation as follows: add (2) FTE Building/Zoning Inspector III positions, effective May 26, 2019.

56.           Request from the Resource Management Agency to introduce and waive the first reading of an ordinance amending Chapter 1 of Part IV of the Ordinance Code of Tulare County, pertaining to abatement of nuisances, and amending Chapter 15 of Part VII of the Ordinance Code of Tulare County, pertaining to building regulations and abatement of related nuisances, including substandard housing nuisances. Set the second reading for June 4, 2019. Direct the Clerk to publish a summary of the ordinance before the second reading, as required by law. Approve the Categorical Exemption as the appropriate environmental determination, consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, pursuant to Title 14, Cal. Code Regulations Section 15061 (b) (3).  Direct the Environmental Assessment Officer, or their designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

BOARD MEMBERS REQUESTS

57.           Board members may make a referral to staff to have staff place a matter of business on a future agenda (Gov. Code, sec. 54954.2, subd. (a)(3)).

 (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 regarding the Andersen Village CFD and Mell-Roos Community Facilities District Goals and Policies.

ITEM B

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 regarding the Development Agreement Ordinance for the Sequoia Gateway Commerce and Business Park.

ITEM C

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 pertaining to amending the General Nuisance Abatement Ordinances and Building Regulations Ordinances to address substandard housing and other nuisances.

ITEM D

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 related to the Sand Creek Bridge Replacement Project.

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: Assessor’s Parcel No. 067-220-006 

Agency Negotiators: Laura Silva, John Hess

Negotiating Party or Parties: Schrock Ranch, LLC 

Under Negotiation:  Price and Terms of Payment

ITEM F

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

[Government Code Section 54956.9(d)(4)]

Number of Potential Cases: 1

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(1)]

Name of Case: John Guerrero v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ10568659

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(1)]

Name of Case: Sheryl Milton v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ9582137

ITEM I

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM J

PUBLIC EMPLOYEE PERFORMANCE EVALUATION 

(Government Code Section 54957)

FOR THE POSITION OF: County Administrative Officer

ITEM K

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.