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,

AND THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

July 23, 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 a Proclamation to recognize the week of July 21- 27, 2019 as Probation Services Week in Tulare County.

3.               Present a Proclamation to recognize August 2019 as Child Support Awareness Month in Tulare County.

4.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.              PUBLIC HEARING: Request from the Resource Management Agency to consider placement of delinquent water and sewer service fees, delinquent penalties, and Auditors collection charges for County Service Areas No. 1 and No. 2 (Delft Colony, Seville, Tonyville, Tooleville, Traver, Wells Tract, and Yettem) on the 2019/2020 tax roll. Direct the Tax Collector to place delinquent sewer and water service fees, delinquent penalties, and the Auditors collection charges of County Service Areas No. 1 and No. 2 customers (as identified in Attachment A, Exhibits A through J) on the 2019/2020 tax roll if still delinquent after July 31, 2019. 

6.              PUBLIC HEARING: Request from the Resource Management Agency to consider placement of delinquent water service fees, delinquent penalties, and Auditors collection charges for the Seville Water Company, on the 2019/2020 tax roll. Direct the Tax Collector to place delinquent water service fees, delinquent penalties, and the Auditors collection charges of the Seville Water Company customers (as identified in Attachment A, Exhibit A) on the 2019/2020 tax roll if still delinquent after July 31, 2019. 

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

7.              PUBLIC HEARING: Request from the Resource Management Agency to consider placement of delinquent sewer service fees, delinquent penalties, and Auditors collection charges for the Terra Bella Sewer Maintenance District, on the 2019/2020 tax roll. Direct the Tax Collector to place delinquent sewer service fees, delinquent penalties, and the Auditors collection charges of the Terra Bella Sewer Maintenance District customers (as identified in Attachment A, Exhibit A) on the 2019/2020 tax roll if still delinquent after July 31, 2019. 

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

(Consent Calendar)

CONSENT CALENDAR (Numbers 8 through 33)

 

 

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

8.              Approve an agreement with the California Crop Improvement Association (CCIA) for providing $912 to offset costs of providing seed certification inspections, retroactive from July 1, 2019 through June 30, 2020.

Auditor-Controller/Treasurer-Tax Collector

9.              Authorize the sale, via sealed bid, of tax-defaulted properties, subject to the Power to Sell and any limitations imposed by other provisions of the law; including automatic stays, according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code to be held on November 1, 2019.

Board of Supervisors

10.           Reappoint Robert J. Hanggi to a Trustee Seat on the Three Rivers Public Cemetery District for a term ending January 1, 2022.

11.           Appoint J. Michael Lane to the At-Large Member Seat on the Tulare County Water Commission for a term ending April 30, 2020.

County Administrative Office

12.           Ratify actions by the County Administrative Officer during the months of May and June 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. 

13.           Approve an agreement with First 5 Tulare County, to allow Tulare County to provide general accounting services to First 5 Tulare County, in the amount of $1,461 for accounting support services and $2.50 per claim processed, retroactive from July 1, 2019, through June 30, 2020.

County Counsel/Risk Management

14.           Ratify the submission of a Grant Application to the California State Association of Counties (CSAC) EIA Property Program for $1,169 for the installation of security cameras, effective October 15, 2018. Accept the receipt of grant funds in the amount of $1,169 from the CSAC EIA Property Program and recognize said funds as prior year revenues in the Facilities budget.

Fire Department

15.           Waive the second reading and adopt an ordinance amending Chapter 11 of Part IV of the Ordinance Code of Tulare County, pertaining to abatement of fire hazardous weeds and rubbish nuisances. Direct the Clerk of the Board to publish a summary of the ordinance and to post a full copy of the ordinance after adoption, as required by law.

General Services Agency

16.           Authorize the submission of a grant application for funding from the U.S. Department of Parks and Recreation through the Statewide Park Development and Community Revitalization Program to renovate the Community Park of Goshen. Delegate authority to the General Services Director or his or her designee to represent the Governing Body on all matters regarding the application and project. Approve a Resolution of the Tulare County Board of Supervisors Approving the Application for the Statewide Park Development and Community Revitalization Program Grant Funds.

Health & Human Services Agency

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

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

19.           Authorize the allocation of funding from the No Place Like Home Over-the-Counter program in an amount not to exceed $425,621 for Self-Help Enterprises to use in the development of a permanent supportive housing project in the City of Dinuba.

20.           Approve a Used Oil Payment Program Application Certification for the CalRecycle Used Oil Program for funds to support the household hazardous waste used oil collection and disposal program, retroactive from July 1, 2019 through June 30, 2021. Approve a Resolution of the Tulare County Board of Supervisors Approving Submittal of Application(s) for CalRecycle Used Oil Payment Programs Fund (OPP).

21.           Approve an agreement with Tulare County Superintendent of Schools for the Emergency Child Care Bridge Program for Foster Children in an amount not to exceed $256,016 in State and Federal funds for Fiscal Year 2019/20 retroactive from July 1, 2019 through June 30, 2020.

22.           Approve a Memorandum of Understanding with Proteus, 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 retroactive from July 1, 2019, through June 30, 2022. There is no cost associated with this Memorandum of Understanding.

23.           Approve an agreement with Crestwood Behavioral Health, Inc. for the provision of comprehensive and balanced mental health and day treatment services in an amount not to exceed $1,600,000, retroactive from July 1, 2019 through June 30, 2020.

Information & Communications Technology

24.           Approve an amendment to Agreement No. 28768 with Micro Focus Software, Inc. to provide user licenses and maintenance support for MicroFocus True-Up in an amount not to exceed $563,887, effective August 1, 2019 through July 31, 2020.

Resource Management Agency

25.           Approve and award the contract to the lowest responsive and responsible bidder, A Teichert & Son, Inc. dba Teichert Construction from Roseville, California, in the amount of $4,894,267 for construction of 2019 Road Repair and Accountability Act (RRAA) Project 1. 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. Allow funds for contingencies in the amount $257,213 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency or his designee to approve contract change orders up to the amount of allowed funds for contingencies.

26.           Approve the Plans, Special Provisions, Proposal and Contract (Bid Documents) for the construction of the Pixley Main Street Improvements Project. Approve the advertisement for bids for the Pixley Main Street Improvements Project. Affirm the Categorical Exemption filed on June 5, 2017 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 Pixley Main Street Improvements Project.

27.           Approve General Plan Initiation No. 19-001 to authorize the applicant, Reed Family Trust, to file a General Plan Amendment to include five acres within the Kingsburg Urban Development Boundary and change the land use designation from Agriculture to Mixed Use. The project is located on the northwest corner of Avenue 392 and Road 12 (Mendocino Avenue), just south of State Route 99. Assessor Parcel Number 028-360-009.  

28.           Approve the Right of Way Transfer Agreement with the California High Speed Rail Authority for the California High-Speed Rail Project which will allow the parties to transfer right-of-way for certain County roads for state high-speed rail system purposes and for public use. Authorize Resource Management Agency Director authority to approve future changes to Exhibit A of the Right of Way Transfer Agreement.

29.           Approve an agreement with Lower Tule River Irrigation District (LTRID), in connection with an application for an encroachment permit to place an irrigation pipeline within County rights-of-way of Avenue 176, Avenue 180, Road 136 and Road 148, effective July 23, 2019 through July 23, 2044.

30.           Authorize the Chairman of the Board to enter into Grant Agreement No. 3019-703 with the Department of Conservation Transformative Climate Communities (TCC) Program in the amount of $200,000 for the Matheny Tract Climate Adaptation Plan. The term of the Grant Agreement will be for one year upon execution of the Grant Agreement by both parties. Authorize the Chairman of the Board to sign the completed Authorized Signatory Form delegating signatory authority to sign all grant related documents including invoices, budget amendments, and reports to the Resource Management Agency Director and the Resource Management Agency Assistant Director, Economic Development and Planning Branch. Approve the necessary budget adjustments (4/5ths vote required).

Sheriff/Coroner

31.           Approve an agreement with the Tulare Joint Union High School District for the Sheriff’s Office to provide School Resource Officer services on district campuses in an amount not to exceed $90,099, effective August 8, 2019 through June 3, 2020.

32.           Approve an amendment to Agreement No. 28077 with the United States Forest Service to add the Annual Operating and Financial Plans, identified as Exhibit A and B, for reimbursement to the Sheriff's Office for patrol services on United States Forest Service land in the amount of $33,000, and for reimbursement to the Sheriff's Office for services related to controlled substances on United States Forest Service land in the amount of $24,000, retroactive from October 1, 2018 through September 30, 2019.

Workforce Investment Board

33.           Approve a subgrant agreement with the State of California Employment Development Department (EDD) for Workforce Innovation and Opportunity Act (WIOA) Youth programs in an amount not to exceed $3,718,584, retroactive from April 1, 2019 through June 30, 2021. 

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

34.           Receive a presentation from the Health and Human Services Agency on the cost sharing plan to fund health and mental health services in the Tulare County criminal justice facilities. Approve an amendment to Agreement No. 28726 with California Forensic Medical Group, Inc., for comprehensive health and mental health care services at Tulare County detention facilities effective July 9, 2019 through June 30, 2021, to increase the total base compensation under the agreement from $44,095,651 to an amount not to exceed $52,256,192, which will be allocated by Fiscal Year as follows: for the Fiscal Year July 1, 2018 through June 30, 2019 in an amount not to exceed $14,266,287; for the Fiscal Year July 1, 2019 through June 30, 2020 in an amount not to exceed $18,714,239; and, for the Fiscal Year July 1, 2020 through June 30, 2021 in an amount not to exceed $19,275,666.

35.           Request from the Board of Supervisors' staff to receive a presentation on Wildfire and Inverse Condemnation Liability for Community Water Systems. Approve sending a letter of support for California Water Service’s (Cal Water) proposal to members of the California State Administration and State Legislature regarding Wildfire Liability, Public Drinking Water Suppliers, & Fire Safety.

36.           Request from Board of Supervisors' staff to consider, modify as needed, and approve the responses to the 2018/2019 Tulare County Grand Jury Final Report entitled: Electronic Monitoring." Authorize the Chairman to sign the response letter.

37.           Request from Board of Supervisors' Staff to consider, modify as needed, and approve the responses to the 2018/2019 Tulare County Grand Jury Final Report entitled: “Effects of Prop 64 in Legalizing Marijuana in Tulare County.” Authorize the Chairman to sign the response letter.

38.           Request from Board of Supervisors' Staff to consider, modify as needed, and approve the responses to the 2018/2019 Tulare County Grand Jury Final Report entitled: Tulare County RMA-Code Enforcement. Authorize the Chairman to sign the response letter.

BOARD MEMBER REQUESTS

39.           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 public agenda item pertaining to the request from RMA to approve placement of delinquent sewer and water service fees on the 2019/2020 tax roll for County Service Areas No. 1 and No. 2.

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 public agenda item pertaining to the request from RMA to approve placement of delinquent water service fees on the 2019/2020 tax roll for the Seville Water Company.

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 public agenda item pertaining to the request from RMA to approve placement of delinquent sewer service fees on the 2019/2020 tax roll for the Terra Bella Sewer Maintenance District.

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 pertaining to amendments to the Fire Hazard Nuisance Abatement Ordinances

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Negotiation of Waste Disposal Agreement with Pena’s Waste Disposal Services

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

The General Contractor on the County’s South County Detention Facility construction project, Bernards Bros., Inc. has requested the County engage in contractual mediation over delays in completion of the project, the County’s claims for delay damages, and the contractor’s claims for additional compensation.

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Stephanie Aydelott, et al. v. County of Tulare, et al., VCU278034

ITEM H

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 3

ITEM I

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.