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 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

August 13, 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.             Presentation from California State Association of Counties (CSAC) Institute.

3.             Recognize Jim Reeves upon his retirement from the Sheriff's Department for his many years of County Service.

4.             Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 37)

 

 

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.

 

Board of Supervisors

5.            Appoint Cheri A. Provancha to the District 3 Seat on the Tulare County Veteran Advisory Committee for a term ending January 1, 2021.

6.            Appoint Brian D. Winningham to the District 5 Seat on the Tulare County Veteran Advisory Committee for a term ending January 1, 2020.

7.            Reappoint Susan P. McKeefrey to the Community Partner Seat on the Tulare County Health Advisory Committee for a term ending February 1, 2022.

County Administrative Office

8.            Adopt the Upper Kings Basin Integrated Regional Water Management Plan.

9.            Approve an amendment to Memorandum of Understanding, Agreement No. 27385 with the Superior Court of Tulare County for the provision of County use of Courts Case Management System in an amount not to exceed $277,999.08, effective September 8, 2019 through September 7, 2020.

Fire Department

10.         Approve the Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines for the South Fork Hazard Fuels Reduction Project. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Clerk-Recorder.

11.         Approve payment for past due invoices to Vincent Communications, Inc. in the amount of $6,225.13 for handheld radio repairs in fiscal year 2018/19.

General Services Agency

12.         Approve a Communication Site Lease Agreement with Schrock Ranch LLC, a California Limited Liability Company for Barton Mountain, a 0.19 acre portion of Assessors Parcel No. 067-220-006, for a month-to-month tenancy effective upon approval by the Board of Supervisors, a monthly rental cost of $500 and a one-time payment for release in the amount of $14,266.72.

13.         Approve an amendment to Lease Agreement No. 19988 with LTJ Porterville Delaware, LLC, a Delaware Limited Liability Company, to extend the term of the agreement for five years commencing January 10, 2026 for space located at 1055-1061 W. Henderson in Porterville.

14.         Approve an amendment to Agreement No. 27574 with Bernards Bros., Inc. to increase the agreement amount by $207,696, from $53,164,936 to $53,372,632. Accept the work for construction of the South County Detention Facility as complete by Bernards Bros., Inc. Authorize the Chairman to sign the agreement amendment and Notice of Completion. Direct the Clerk of the Board to record the Notice of Completion for the project with the office of the Clerk-Recorder. Authorize staff to retain $1,376,000 as liquidated damages for Bernards delay in completing the construction of the project (calculated at the contractual rate of $4,000 per day for 344 days), plus an additional 25% as allowed by statute, for a total retainage of $1,720,000, and release the balance of retainage in accordance with state law.

15.         Award the contract for the Three Rivers Museum Restroom Project to the lowest responsible and responsive bidder, Sierra Range Construction, in the amount of $481,910.99. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract subject to review and approval as to form by County Counsel.

16.         Approve an agreement with SCE Generating Facility Interconnection for the Solar Project at the Civic Center, west of S. Woodland Ave., 2800 W. Burrel Ave, Visalia, CA 93291.

Health & Human Services Agency

17.         Approve an amendment to the Memorandum of Understanding, Agreement No. 23067 with Blue Cross of California Partnership Plan, Inc., dba Anthem to expand coordination of care for eligible Medi-Cal beneficiaries who are enrolled in the Health Homes Program and also receiving Medi-Cal specialty mental health services through Tulare County Mental Health, retroactive from July 1, 2019.

18.         Approve an agreement with Kings View Corporation for the provision of opioid treatment services in an amount not to exceed $1,445,000, retroactive from July 1, 2019 through June 30, 2020.

19.         Approve an agreement with Tulare County Superintendent of Schools for the provision of Children of Promise Program in an amount not to exceed $288,227, retroactive from July 1, 2019 through June 30, 2020.

20.         Accept the award and approve the agreement with the California Department of Public Health, Tuberculosis Control Branch to support tuberculosis prevention and control for funding in an amount not to exceed $104,972, retroactive from July 1, 2019 through June 30, 2020.

21.         Ratify and approve an agreement with the California Department of Public Health, Office of AIDS to accept up to $1,228,447 in funding to provide Ryan White Human Immunodeficiency Virus Care Program-Part B services retroactive from April 1, 2019 through March 31, 2024.

22.         Approve an agreement with Courage to Change, a Short-term Residential Treatment Program for the provision of intensive mental health services to Tulare County adolescent males in an amount not to exceed $700,000, retroactive from July 1, 2019 through June 30, 2020.

23.         Approve an amendment to Agreement No. 27346 with California Department of Public Health for the Women, Infants, and Children Program in an amount not to exceed $20,768,125, retroactive from October 1, 2015 through September 30, 2019. The purpose of this amendment is to allow shifting of funds for Fiscal Year four (4) in the amount of $5,323,961.

24.         Approve the termination of Agreement No. 28000. Approve an agreement with the California Department of Public Health, for the California Reportable Disease Information Exchange System (CalREDIE), effective August 13, 2019 through August 12, 2022.

25.         Approve an agreement with Uplift Family Services for the provision of Crossroads Transitional-Age Youth Housing Program in an amount not to exceed $540,120, retroactive from July 1, 2019 through June 30, 2020.

26.         Approve an agreement with Fox Interpreting, Inc. for interpreting services in an amount not to exceed $159,300 ($79,650 per year), retroactive from July 1, 2019 through June 30, 2021.

27.         Approve an agreement with Central Valley Recovery Services, Inc. for the provision of substance abuse, residential, outpatient, intensive outpatient, and transitional services in an amount not to exceed $1,777,375, retroactive from July 1, 2019 through June 30, 2020.

28.         Approve a Memorandum of Understanding with Abrazo Foster Family Agency to provide services on behalf of Tulare County Child Welfare Services foster children, retroactive from July 1, 2019 through June 30, 2022. There is no cost associated with this Memorandum of Understanding.

29.         Approve an agreement with Parenting Network, Inc. for the delivery of respite care services in an amount not to exceed $290,000, retroactive from July 1, 2019 through June 30, 2020.

Human Resources & Development

30.         Approve the tentative agreement and authorize such changes to the Memorandum of Understanding between the County of Tulare and the Tulare County Professional Firefighters Association, Bargaining Unit 23, retroactive from July 1, 2019 through June 30, 2022.

Resource Management Agency

31.         Approve an Encroachment Agreement with Alta Irrigation District for Phase 1 of the Seville and Yettem Water System Improvement Projects.

32.         Approve and award the contract to the lowest responsive and responsible bidder, Agee Construction Corporation from Clovis, California, in the amount of $1,628,470 for construction of the Road 192 (Poplar) & Road 204 (Tooleville) Rehabilitation 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. Allow funds for contingencies in the amount $93,923 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or their designee, to approve contract change orders up to the amount of allowed funds for contingencies.

33.         Approve the designation of a parking restriction by the installation of “No Parking” signs and to establish a “No Parking” zone by painting the curb red on the southwest corner on Court Avenue (A100) and Spani Way (LR126A), in Pixley. Approve the designation of a parking restriction by the installation of “No Parking” signs and to establish a “No Parking” zone by painting the curb red on the south side of Avenue 196 just west of Road 228, in Strathmore. Approve the designation of a parking restriction by the installation of “No Stopping” signs and to establish a “No Stopping” zone by painting the curb red on both sides of Road 124 just south of Avenue 413, in Orosi. Authorize the installation of “No Parking” signs and by painting the curb red on the southwest corner on Court Avenue (A100) and Spani Way (LR126A), in Pixley. Authorize the installation of “No Parking” signs and by painting the curb red on the south side of Avenue 196 just west of Road 228, in Strathmore. Authorize the installation of “No Stopping” signs and by painting the curb red on both sides of Road 124 just south of Avenue 413, in Orosi. Approve the Categorical Exemptions 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 Exemptions are 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. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file the Notice of Exemptions with the Clerk-Recorder.

34.         Approve a claim to the Tulare County Association of Governments (TCAG) in the amount of $1,116,357 for Regional Surface Transportation Program/Regional Surface Transportation Block Grant Program (RSTP/RSTBGP) Funds in Exchange for State Highway Account Funds for FY 2018/2019, pending TCAG Board approval to receive and distribute. Authorize the Resource Management Agency Fiscal Services Director to sign the claim.

35.         Approve two agreements between the County of Tulare and Tulare Irrigation District for the transfer and conveyance of water to the Alpaugh Irrigation District, with one being retroactive from May 17, 2019. Approve two agreements between the County of Tulare and Exeter Irrigation District for the transfer and conveyance of water to the Alpaugh Irrigation District, with one being retroactive from May 17, 2019 and the other retroactive from April 10, 2019.  Approve an agreement between the County of Tulare and Delano-Earlimart Irrigation District for the transfer and conveyance of water to the Alpaugh Irrigation District, retroactive from May 21, 2019. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the agreements.

36.         FOR INFORMATION ONLY: Bid opening results for the Road 192 & Road 204 Rehabilitation Project.

CONTRACTOR                                          BID AMOUNT

Agee Construction Corporation                $1,628,470.00

Teichert Construction                                 $1,725,592.00

Bush Engineering                                       $1,753,845.99

Papich Construction Company                 $1,766,657.00

Cal Valley Construction                             $1,851,033.00

MAC General Engineering                        $1,998,314.93

 

Engineer’s Estimate                                  $1,968,010.00

 

Sheriff/Coroner

37.         Approve an agreement with the Visalia Unified School District for the Sheriff’s Office to provide School Resource Officer services on district campuses in an amount not to exceed $83,064, retroactive from August 12, 2019 through June 5, 2020.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

38.         Request from the County Administrative Office to set the annual salary for the position of Assistant County Administrative Officer, in Bargaining Unit 11, in the amount of $158,000 annually, and same standard benefits provided to Bargaining Unit 11 employees, and with an additional benefit of auto allowance in the amount of $447 monthly, effective August 18, 2019.

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)).

STUDY SESSION

40.         10:30 AM STUDY SESSION:  Request from the County Administrative Office to provide direction to staff on the following topics:

1. Receive a presentation on AB 626, the Microenterprise Home Kitchen Operations. AB 626 is an opt-in or-out bill for counties and cities to authorize a local permitting program for Microenterprise Home Kitchens.

2. Receive an update on the Solid Waste Departments enterprise.

 (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 REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  5300 W. Tulare Ave, Visalia (Parking lot on north side of County’s Tulare/Akers Professional Center)

Agency Negotiators:  John Hess & Laura Silva

Negotiating Party or Parties:  Paloma Development Co., Inc.

Under Negotiation:  Price and Terms of Payment

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Murguia, et al v. Langdon et al, 

U.S. District Court California Eastern District Case No. 1:19-cv-00942-DAD-BAM

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Sanchez, Pedro v. Deputy Roy DeOchoa 

U.S. District Court California Eastern District Case No. 1-19-cv-00354-DAD-JDP(PC)

ITEM D

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

ITEM E

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases:   1

ITEM F

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.

Sitting as the Tulare County IHSS Public Authority

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Amanda Kessler v Tulare County IHSS Public Authority, et al.,

Department of Industrial Relations, Labor Commissioner, Case No. WC-CM-635547