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

 

 

June 18, 2019

 

9:00 A.M. Board Convenes

 

Visalia Convention Center-San Joaquin C/D

303 E. Acequia 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 Solid Waste department to consider an increase to the Franchised Haulers maximum collection and ancillary rates for Service Areas A, B, C, D, E, G, H, and J in accordance with the calculation methodology set forth in Tulare County Franchise Agreements Number 27185-A, 27186-A, 27187-A, 27188-A, 27189-A, and 27190-A. Approve the recommended maximum collection and ancillary rates per  Exhibit "A", effective July 1, 2019.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 67)

 

 

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

4.               Approve a payment to Donald O. Cripe, in the amount of $1,760 for Hearing Officer services rendered in Fiscal Year 2018/19. Approve the necessary budget adjustments (4/5ths vote required).

5.               Approve the transfer of funds to Capital Projects of up to $319,639 for long range Agricultural Commissioner Capital Asset projects. Approve an increase in the Agricultural Commissioner’s budget of $52,386 from additional Unclaimed Gas Tax (UGT). Approve the necessary budget adjustments (4/5ths vote required).

6.               Approve an agreement with the California Department of Food and Agriculture for the Fuels, Lubricants and Automotive Products Program in an amount not to exceed $12,075, effective July 1, 2019 through June 30, 2020.

7.               Approve an agreement with the California Department of Food and Agriculture for the Weighmaster Program in an amount not to exceed $3,600, effective July 1, 2019 through June 30, 2020.

Auditor-Controller/Treasurer-Tax Collector

8.               Authorize the Treasurer to transfer to the General Fund, pursuant to Government Code sections 50050, 50053, and 50055, unclaimed funds currently in the Probation, Sheriff and Tax Collector special fund accounts.

9.               Approve the Tulare County Treasurer-Tax Collector’s Statement of Investment Policy for Fiscal Year 2019/20. Approve renewal of investment authority to the Tulare County Treasurer-Tax Collector to invest and reinvest the funds of Tulare County and funds of other depositors in the County Treasury.

10.           Accept the Treasurers Investment Pools Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2018.

Board of Supervisors

11.           Approve an amendment to Agreement No. 27429 with Fresno, Kings, Madera, Merced, and Tulare counties for the San Joaquin Valley Water Infrastructure Authority to add additional members and expand the Joint Powers Agreement scope.

12.           Approve the Step Up Youth Activities Grant Awards as recommended by the Tulare County Youth Commission. Award $95,000 in funding from the Step Up Youth Activities Grant Program as follows: District 1: Boys and Girls Club of the Sequoias, $10,000; Self Help Enterprises, $5,000; Pesticide Action Network of North America for El Quinto Sol de America, $5,000; District 2: Grandma’s House, $10,000; Tulare Athletic Boxing Club, $5,000; Sundale Foundation, $5,000; District 3: The Source, $10,000; Tulare County Symphony League, $5,000; Arts Visalia, $5,000; District 4: Family Services of Tulare County, $5,000; Mending Fences at JM Ranch, $5,000; Big Brothers Big Sisters, $5,000; Proteus, Inc., $5,000; District 5: The United Methodist Church, $5,000; Foodlink for Tulare County, $5,000; Porterville Strings, $5,000. Determine that the 2019 Step Up Youth Activities Grant Awards are necessary to meet the social needs of the population of Tulare County, including, but not limited to the areas of: education, health and welfare, and the needs of financially handicapped persons.

13.           Reappoint Kirk Nelson to the District 1-Consumer Seat on the Community Health Center Board for a term ending April 18, 2023.

14.           Appoint Cynthia Dias to the District 4-Consumer Seat on the Community Health Center Board for a term ending April 18, 2023.

15.           Appoint Heather Journey-Thompson to the Health Care Seat on the Community Health Center Board for a term ending April 18, 2021.

16.           Appoint Derek C. Williams to the District 4 - Alternate Seat on the Tulare County Association of Governments for a term ending at the Pleasure of the Board.

17.           Appoint Gil Aguilar to the Director 2 Seat on the Tulare County Planning Commission for a term ending December 31, 2021.

18.           Reappoint Joanne Ledbetter to the Historical Society Member Seat on the Tulare County Museum Board for a term ending February 13, 2021.

19.           Appoint Brenda Larson to the At-Large Member Seat on the Tulare County Council on Child & Youth Development for a term ending June 30, 2020.

20.           Appoint Bryce McAteer to the At-Large Member Seat on the Tulare County Water Commission for a term ending April 30, 2020.

Child Support Services

21.           Approve an agreement with the California Department of Child Support Services to hire an inter-jurisdictional extra help attorney in an amount not to exceed $27,008, effective July 1, 2019 through June 30, 2020.

Clerk of the Board

22.           Approve the amended Conflict of Interest Code adopted by Hope School District.

23.           Approve the amended Conflict of Interest Code adopted by Palo Verde Union School District.

County Counsel/Risk Management

24.           Approve an amendment to the General Liability II (GL2) Program Memorandum of Understanding with California State Association of Counties-Excess Insurance Authority. Authorize any County employee appointed to the GL2 or Claim review Committee to use County time and resources to carry out his or her duties as a committee member.

25.           Authorize the Risk Manager to renew the Countys Excess Workers Compensation, General Liability I & II, Property, Medical Malpractice, Master Crime Policy, optional excess liability, airport & aircraft operations, watercraft, pollution, and cyber liability policies through California State Association of Counties-Excess Insurance Authority for the 2019/2020 policy years. Authorize the Risk Manager to renew the following insurance programs: Excess Workers Compensation, General Liability I & II, Property, Medical Malpractice, and find that it is in the County's best interest to continue in these programs. Authorize the Risk Manager, in consultation with the County Administrative Office, to approve the payment of insurance program costs and premiums, upon receipt, unless directed otherwise by the Board of Supervisors.

District Attorney

26.           Approve an agreement with the California Victim Compensation Board for the District Attorney’s Criminal Restitution Compact in an amount not to exceed $241,758, effective July 1, 2019 through June 30, 2022.

General Services Agency

27.           Award the agreement for the design of the Health & Human Services Agency Tuberculosis Clinic Project, in the amount of $217,000 to Rhoades Architecture. Authorize the Chairman to sign the agreement upon receipt of certificates of insurance and contract.

28.           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.

Health & Human Services Agency

29.           Approve an amendment to Agreement No. 28708 with Aspiranet to increase the agreement from $1,750,000 to an amount not to exceed $2,000,000 for the provision of Wraparound services, retroactive from July 1, 2018 through June 30, 2019.

30.           Approve an agreement with Essential Access Health to accept funding in the amount of $140,000 to provide Title X family planning services through the Essential Access program, retroactive from April 1, 2019 through March 31, 2020. 

31.           Approve a Memorandum of Understanding with Family Builders Foster Care, 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. There is no cost associated with this Memorandum of Understanding.

32.           Approve an amendment to Agreement No. 28637 with Lindsay Unified School District Family Resource Center to decrease the agreement from $156,000 to an amount not to exceed $154,582 for the provision of a Differential Response Pre and Post Services program, effective June 18, 2019 through June 30, 2019.

33.           Ratify and approve a Grant Application for funding in the amount of $5,224,324 from the Board of State Community Corrections submitted by the Tulare County Health and Human Services Agency Mental Health Branch on March 18, 2019 for the 2019-2023 Proposition 47 Grant Program.

34.           Approve an agreement with Turning Point of Central California, Inc. for the provision of specialty mental health services to Tulare County adolescents and children in an amount not to exceed $14,300,000, effective July 1, 2019 through June 30, 2020.

35.           Approve a recommendation for Kings View Corporation to apply with Department of Health Care Services for licensure of a Tulare County Driving Under the Influence Program.

36.           Approve a Memorandum of Understanding with Pathway Family Services 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. There is no cost associated with this Memorandum of Understanding.

37.           Approve a Memorandum of Understanding with Aspiranet 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. There is no cost associated with this Memorandum of Understanding.

38.           Approve an amendment to Agreement No. 28550 with Community Services Employment and Training, Inc. Family Resource Center to decrease the maximum amount of the agreement from $175,000 to $173,582 for the provision of a Differential Response Pre and Post Services program, effective June 18, 2019 through June 30, 2019.

39.           Approve an agreement with First 5 Tulare County for administration of the Home Visiting Initiative “Parents as Teachers” Program in an amount not to exceed $615,326, retroactive from January 1, 2019 through June 30, 2019.

40.           Approve an agreement with Parenting Network, Inc. for the provision of a Parent Partner services program in an amount not to exceed $289,978, effective July 1, 2019 through June 30, 2020.

41.           Approve an agreement with Parenting Network, Inc. Family Resource Center for the provision of a Differential Response Pre and Post Services program in an amount not to exceed $838,746, effective July 1, 2019 through June 30, 2022.

42.           Approve an agreement with Tulare County Office of Education for administration of the Home Visiting Initiative “Early Head Start” Program in an amount not to exceed $292,473, retroactive from January 1, 2019 through June 30, 2019.

43.           Approve an agreement with Kaweah Delta Health Care District for the purpose of providing Kaweah Delta Health Care District access to the County clinics GE Centricity Electronic Health Record system effective June 18, 2019 until either Party terminates. There is no cost associated with this agreement.

Probation

44.           Approve an amendment to Agreement No. 28719 with Central Valley Recovery Services to increase the value of the agreement by $350,000 for a total amount not to exceed $700,000, to provide offenders recently realigned under Assembly Bill 109 with residential treatment, training services, and outpatient services, retroactive from January 1, 2019 through June 30, 2019. 

45.           Approve the distribution of ninety-percent ($927,301.10) of the total FY 2017/2018 AB 109 Growth Funding of $1,030,339, which is divided equally between the Sheriff’s Office ($463,652.55) and Probation Department ($463,652.55) to fund continued implementation of criminal justice realignment in Tulare County. Approve ten-percent ($103,033.90) of the total FY 2017/2018 AB 109 Growth Funding of $1,030,339 to remain in the Local Innovation Fund.   

46.           Approve an amendment to Agreement No. 28809 with the PAAR Center to increase the value of the Agreement by $250,000, for a total amount not to exceed $600,000, to provide offenders recently realigned under state legislature with residential treatment, training services, and outpatient services, retroactive from January 1, 2019 through June 30, 2019. 

47.           Approve an amendment to Agreement No. 27885 with the County of Inyo to extend the term of the agreement through June 30, 2020 to provide facilities and services for the detention and/or commitment of juvenile offenders at a rate of $135 per bed per day.

48.           Approve an amendment to Agreement No. 28718 with Champions Recovery Alternative Programs, Inc. for Youth Substance Use Disorder Treatment Programs in an amount not to exceed $181,900, effective July 1, 2019 through June 30, 2020.

49.           Approve an amendment to Agreement No. 27769 with the City of Dinuba for providing Non-custody Intake Program services in an amount not to exceed $15,025, effective July 1, 2019 through June 30, 2020.

50.           Approve an amendment to Agreement No. 28273 with Government Payment Service, Inc. (d/b/a “GovPayNet”) to extend the term of agreement through June 30, 2020 for the purpose of accepting credit and/or debit card payments.

51.           Approve an amendment to Agreement No. 28639 with the Porterville Unified School District in the amount of $122,363 to extend the term of the agreement through June 30, 2020 for the Campus Probation Officer Program.

52.           Approve an agreement with the City of Visalia for the Non-custody Intake Program in an amount not to exceed $36,878, effective July 1, 2019 through June 30, 2020.

Resource Management Agency

53.           Approve the Program Supplement Agreement with the California Department of Transportation for construction of the Road 192 & Road 204 Rehabilitation Project in an amount not to exceed $2,100,000.

54.           Approve the Plans, Special Provisions, Proposal and Contract (Bid Documents) for the construction of the Road 192 & Road 204 Rehabilitation Project. Approve the advertisement for bids of the Road 192 & Road 204 Rehabilitation Project. 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 Road 192 & Road 204 Rehabilitation Project.

55.           Approve the Plans, Special Provisions, Proposal and Contract (Bid Documents) for the construction of the Traver Jacobs Drive Improvements Project. Approve the advertisement for bids of the Traver Jacobs Drive Improvements Project. Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15300.4 Application by Public Agencies and Section 15301 Existing Facilities.

56.           Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15302 Replacement or Reconstruction and Section 15300.4, Application by Public Agencies, for the Avenue 364 Cottonwood Creek Bridge Project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk.

57.           Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15302 Replacement or Reconstruction and Section 15300.4, Application by Public Agencies, for the Road 204 Wutchumna Ditch Bridge Project.

58.           Approve the designation of a One-Way STOP controlled intersection on Avenue 276 at Road 92 (Shirk Road), southwest of the City of Visalia. Authorize the installation of a STOP sign on Avenue 276 at Road 92, 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) common sense exemption. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15061(b)(3) common sense exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970.

59.           Approve the designation of an All-Way STOP control at the intersection of Road 196 and Avenue 196, in the community of Plainview. Authorize the installation of STOP signs on Road 196 at the intersection of Avenue 196 in accordance with the provisions of Section 2B.07 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) common sense exemption. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15061(b)(3) common sense exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970.

Sheriff/Coroner

60.           Approve payment of Invoice No. 8437 in the amount of $8,500 and Invoice No. 8918 in the amount of $3,300 from CI Technologies, Inc. for IA Pro internal affairs/professional standards training and integration for a total payment of $11,800.

61.           Approve an agreement with the City of Lindsay to provide full-time dispatch services and electronic access to the Sheriff’s Application Data Systems in an amount not to exceed $68,853, effective July 1, 2019 through June 30, 2020.

62.           Approve an agreement with the City of Farmersville to provide full-time dispatch services and electronic access to the Sheriff’s Application Data Systems in an amount not to exceed $79,673, effective July 1, 2019 through June 30, 2020.

63.           Approve an agreement with the City of Woodlake to provide full-time dispatch services and electronic access to the Sheriff’s Application Data Systems in an amount not to exceed $66,392, effective July 1, 2019 through June 30, 2020.

64.           Approve an agreement with the U.S. Army Corps of Engineers to provide law enforcement services at Lake Kaweah Recreation Areas in an amount not to exceed $38,000, retroactive to the performance period of April 26, 2019 through September 2, 2019.

65.           Approve an agreement with the U.S. Army Corps of Engineers to provide law enforcement services at Success Lake Recreation Areas in an amount not to exceed $75,436.08, retroactive to the performance period of May 15, 2019 through May 14, 2020.

66.           Approve an agreement with Microcorre Diagnostic Laboratory to provide pathology services in an amount not to exceed $648,000, effective July 1, 2019 through June 30, 2021.

Workforce Investment Board

67.           Approve the budget adjustment of $6,520 resulting from an agreement with the Foundation for California Community Colleges to administer the Summer Training and Employment Program for Students (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

68.           Request from the Assessor's Office to introduce and waive the first reading of an ordinance repealing Article 19 of Chapter 5 of Part I of the Ordinance Code, pertaining to a utility users tax, and adding Article 19 of Chapter 5 of Part I of the Ordinance Code, pertaining to low-value assessments. Set the second reading for July 9, 2019. Direct the Clerk to publish a summary of the ordinance before the second reading as required by law.

69.           Request from the Resource Management Agency to approve the 2019/2020 County Transportation Improvement Program.  Direct staff to take appropriate action to implement the 2019/2020 County Transportation Improvement Program.

70.           Request from the General Services Agency to approve an agreement with ENGIE Services U.S., Inc. to perform an energy efficiency assessment of County-owned facilities and deliver energy conservation recommendations to the County within 150 days of executing the agreement.

BOARD MEMBER REQUESTS

71.           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

ITEM B

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM C

CONFERENCE INVOLVING A JOINT POWERS AGENCY

(Government Code Section 54956.96)

Name of JPA: San Joaquin Valley Insurance Authority

Discussion will concern: San Joaquin Valley Insurance Authority v. Gallagher Benefit Services, Inc., Fresno County Superior Court Case No. 17CECG01632, United States District Court for the Eastern District of California Case No. 1:17-cv-00861-LJO-EPG

Name of Local agency representative on JPA board: Supervisors Crocker, Vander Poel & Shuklian 

Consultants or other representatives attending closed session: HRD Director 

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Arcadio Ortiz v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ2326015

ITEM E

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.