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,

THE TULARE COUNTY FLOOD CONTROL DISTRICT, AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

9/10/2019

 

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

 

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the Clerk of the Board of Supervisors as soon as possible during office hours at (559) 636-5000 or at clerkoftheboard@co.tulare.ca.us. Reasonable requests made at least 48 hours in advance of the meeting will help to ensure accessibility to this meeting.

PUBLIC COMMENT PERIOD: 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.  Please complete and submit a comment card indicating your interest in that particular agenda item. 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.

 

Documents related to the items on this Agenda are available for public inspection in the Clerk of the Board of Supervisors Office, 2800 W. Burrel Avenue, Visalia, CA during normal business hours, 7:30 a.m – 5:30 p.m., Monday through Thursday and 8:00 a.m -12:00 p.m. on Friday.  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.


(Public Comment Period)

1.             Board of Supervisors matters.

2.             Public Comments.

 

 

10:00 A.M.  TIMED ITEMS

 

 

(Timed Items)

3.            PUBLIC HEARING:  Budget Hearings

Introduction and Overview

 

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

 

1.         Adopt the FY 2019/20 Final Budget for the Terra Bella Sewer Maintenance District as modified during the hearings; and

2.         Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2019/20 Budget into final balance.

 

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

1.         Adopt the FY 2019/20 Final Budget for the Tulare County Flood Control District as modified during the hearings; and

2.         Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2019/20 Budget into final balance.

 

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

1.         Adopt the FY 2019/20 Final Budgets for all funds and activities as modified during the hearings for the Enterprise and Assessment District Funds, County Service Areas #1 and #2, Special Districts, Internal Service Funds, Operating Funds, and the General Fund; 

2.         Amend the Personnel Class Specifications, Class Designations, and Compensation Changes subject to meet and confer; 

3.         Amend the Position Allocation List reflecting adds, deletes, amends, and reclassifications subject to meet and confer;

4.         Approve a 2% cost of living increase for the following county elected officials: Sheriff-Coroner, District Attorney, County Assessor/Clerk Recorder, and Auditor-Controller/Treasurer-Tax Collector, consistent with the April 30, 2019, Resolution No. 2019-0287 action;

5.         Approve the Board of Supervisors cost of living increase of 2% consistent with the April 30, 2019, Resolution No. 2019-0287, and pursuant to Tulare County Ordinance Code No. 3558, effective with the start of the first full pay period following sixty (60) days after the adoption of the Annual Budget for Fiscal Year 2019/20, per Ordinance Code section 1-07-1060(e); and

6.         Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2019/20 Budget into final balance.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 55)

 

 

NOTICE TO THE PUBLIC

These items are routine and usually approved by one motion. Before action by the Board, the Chairman will ask the Board Members and the public if they wish to remove any item from the Consent Calendar for separate consideration. Items removed from the Consent Calendar may be heard immediately before or after the approval of the Consent Calendar, or may be set aside until later in the morning.

 

Agricultural Commissioner/Sealer

4.            Approve the Memorandum of Understanding with the California Agricultural Commissioners and Sealers Association to provide funding for costs associated with the CalAgPermits system in an amount not to exceed $47,212, retroactive from July 1, 2019 through June 30, 2020.

5.            Approve $4,560 for projects upon adoption of the Fish and Wildlife Propagation Program (Fund 011) budget for Fiscal Year 2019/2020. Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for projects recommended by the County Fish and Wildlife Commission. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk-Recorder.

6.            Approve an agreement with the California Department of Food and Agriculture to provide State funding in an amount not to exceed $20,092, to offset costs of providing nursery inspection services for the state Nursery Inspection program, retroactive from July 1, 2019 through June 30, 2020.

7.            Approve an agreement with the California Department of Food and Agriculture to provide State funding in an amount not to exceed $8,270.95, to offset costs of providing high risk terminal inspection services for the state Phytopththora Ramorum Inspection program, retroactive from July 1, 2019 through June 30, 2020.

8.            Approve an agreement with the California Department of Food and Agriculture to provide State funding in an amount not to exceed $24,254, to offset costs of providing high risk terminal inspection services for the state High Risk Inspection program, retroactive from July 1, 2019 through June 30, 2020.

Auditor-Controller/Treasurer-Tax Collector

9.            Establish the 2019-20 Gann Appropriations Limit for the County to be $4,431,919,110.

Board of Supervisors

10.         Reappoint Melissa Prado to the Parent/Consumer Seat on the Tulare County Council on Child & Youth Development for a term ending June 30, 2021.

11.         Appoint Mike Watson to the Law Enforcement Representative Seat on the Tulare County Task Force on Homelessness for a term ending January 1, 2020.

12.         Reappoint Lance Morris to the District 2 Seat on the Assessment Appeals Board for a term ending September 4, 2023.

13.         Appoint Mary Thomas to the Seat 3 on the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2020.

14.         Appoint Jason Salazar to the Seat 4 - At Large on the Tulare County Mental Health Board for a term ending December 31, 2021.

15.         Reappoint William P. Bennett ll to the Director Seat on the Southern Tulare County Citrus Pest Control District for a term ending July 6, 2023.

16.         Appoint Stephen Chamberlain to the Trustee Seat on the Porterville Public Cemetery District for a term ending January 1, 2022.

17.         Reappoint Melynda Metheney to the District 4 Seat on the Tulare County Parks Advisory Committee for a term ending June 30, 2023.

18.         Appoint Arthur L. Gaffrey to the District 5 Seat on the Tulare County Parks Advisory Committee for a term ending June 30, 2023.

Clerk of the Board

19.         Approve the new Conflict of Interest Code adopted by Cutler-Orosi Surface Water Plant Authority.

County Administrative Office

20.         Approve an Amended and Restated Joint Exercise of Powers Agreement with Golden State Finance Authority to expressly reference expanded activities. Approve the attached Resolution approving proposed revisions to the Golden State Finance Authority Joint Powers Agreement.

21.         Approve the Memorandum of Understanding with the Delano Earlimart Irrigation District Groundwater Sustainability Agency for Groundwater Sustainability Plan coverage in the Tule Sub-basin.

District Attorney

22.         Approve an agreement to accept grant funding from the State of California Office of Traffic Safety for the Alcohol and Drug Impaired Driver Vertical Prosecution Program in the amount of $116,668 for the program period of October 1, 2019 through September 30, 2020. Authorize the Grant Director and the Fiscal or Accounting Official to sign two originals of the Grant Agreement.

Fire Department

23.         Approve the payment for a past due invoice to PCA Services in the amount of $802, for pest control service in Fiscal Year 2018/19.

General Services Agency

24.         Approve an amendment to Agreement No. 28931 with Atkins Bergreen, Inc. to increase the agreement amount by $55,838 from $1,432,700 to $1,488,538 and add 73 calendar days. Accept the work for construction of the Probation Vocational Education Building as complete by Atkins Bergreen, Inc. Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the project with the office of the County Clerk-Recorder.

25.         Ratify and authorize the submission of the California Conservation Corps grant for improvements to Ledbetter Park in the form of either a basketball court or baseball field. Ratify and delegate authority to the General Services Agency Director to sign a commitment letter to the California Conservation Corps acknowledging the County's responsibility to operate and maintain the basketball court for ten (10) years. Approve the construction of a basketball court at Ledbetter Park by the Community Services & Employment Training (CSET) Sequoia Community Corps. Adopt the Categorical Exemption prepared pursuant to the California Quality Act (CEQA) and the State CEQA Guidelines per Class 1 Section 15301 Existing Facilities (C) Application by Public agencies. Authorize the Environmental Assessment Officer, or their designee, to sign and file the Notice of Exemption with the County Clerk-Recorder.

Health & Human Services Agency

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

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

28.         Approve an agreement with the California Department of Social Services to ensure the security and privacy of Personally Identifiable Information, retroactive from September 1, 2019 through September 1, 2022.

29.         Approve an agreement with the California Department of Health Care Services to ensure the security and privacy of Medi-Cal Personally Identifiable Information, retroactive from September 1, 2019 through September 1, 2022.

30.         Ratify and approve the grant application certification signed by the Chairman of the Board on April 17, 2019 for the California Department of Resources Recycling and Recovery (CalRecycle) Local Enforcement Agency (LEA) Grant Program in an amount not to exceed $24,764, retroactive from July 1, 2019 through October 28, 2020.

31.         Approve an agreement with the Department of Health Care Services for the Medi-Cal Inmate Program, to allow Tulare County to draw down federal match funds for inpatient medical or psychiatric services, retroactive from July 1, 2019 through June 30, 2020.

32.         Approve an agreement with Oaklandidence OPCO, LLC DBA Medical Hill Healthcare Center in an amount not to exceed $380,000 ($190,000 each fiscal year) for the provision of a Mental Health Rehabilitation Program effective retroactive from July 1, 2019 through June 30, 2021.

33.         Approve an agreement with Tulare County Superintendent of Schools, Services for Education and Employment for the provision of comprehensive job services to TulareWORKs clients in an amount not to exceed $425,250, effective October 1, 2019 through September 30, 2020.

34.         Adopt the Subvention Certificate of Compliance and the Medi-Cal Certificate of Compliance for the California Department of Veterans Affairs County Subvention Program for Fiscal Year 2019/2020.

35.         Approve an agreement with the California Department of Veterans Affairs to accept funding in the amount of $49,000 for Proposition 63 Mental Health Services Act funding, retroactive from July 1, 2019 through June 30, 2020.

36.         Approve an amendment to Agreement No. 28624 with Star View Behavioral Health, Inc. for the provision of Community Treatment Facility and Psychiatric Health Facility beds and related mental health treatment for Tulare County Mental Health Consumers, retroactive from August 1, 2018 through June 30, 2019 to add a supplemental fee for presumptive transferred youth.

37.         Approve an agreement with i2i Systems, Inc. to report Health Care Effectiveness Data Information Sets measures for an interface that assists with quality measure reporting, effective September 10, 2019. There are no costs associated with this agreement.

Human Resources & Development

38.         Approve the payment with Visalia Convention Center in the amount of $2,270, for facility use.

39.         Approve the payment to Hourglass Systems, Inc. in the amount of $18,670, for preparation and filing of IRS Forms1094C/1095C for 2018.

40.         Approve the tentative agreement and authorize such changes to the Memorandum of Understanding between the County of Tulare and the Professional Law Enforcement Managers Association, Bargaining Unit 14.

Resource Management Agency

41.         Approve and award the contract to the lowest responsive and responsible bidder, American Paving Co. from Fresno, California, in the amount of $483,990.60 for construction of the Earlimart Park Sidewalk 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. Waive the clerical error that was identified in the lowest bid and accept the correction submitted by the lowest responsive and responsible bidder. Allow funds for contingencies in the amount $36,700 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.

42.         Approve an agreement with the Sequoia Riverlands Trust to perform environmental mitigation for the Balch Park Road over Rancheria Creek Bridge Project (Springville) in an amount not to exceed $100,648, effective September 10, 2019 through June 30, 2027.

43.         Approve the Memorandum of Understanding with the Local Government Commission for a CivicSpark Fellow, effective September 10, 2019 through September 9, 2020.

44.         Accept the work for the construction of the 2017 Community Improvements Project - Phase 3 (Ivanhoe and Goshen) as complete by DOD Construction of Bakersfield, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

45.         Reject all bids received on August 6, 2019 for the 2019 Road Repair and Accountability Act (RRAA) Project 2. Approve the re-advertisement for bids for the 2019 Road Repair and Accountability Act (RRAA) Project 2.

46.         Authorize the Resource Management Agency Director or his designee to apply for Senate Bill (SB) 1 State of Good Repair transit funds for Fiscal Year 2019/2020 for use on the Transit Operations and Maintenance Facility project in the amount of $226,929.

47.         Authorize the filing of Notices of Partial Non-Renewal for the following three (3) Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from two (2) Lot Line Adjustments and one (1) Tentative Parcel Map: WAN 17-024  Williamson Act Contract No. 10674, Ag Preserve No. 1738, located at 36713 Road 196, on the west side of Road 196, approximately 473 feet south of Avenue 368, north of Woodlake; (APN(s): 053-090-030 and 053-090-035) (Damon Robert Terstegge and Stephen D. Terstegge) (2.92 acres to be Non-Renewed as a condition of PLA 16-037) (12.52 acres are subject to contract amendment). WAN 19-006  Williamson Act Contract No. 7019, Ag. Preserve No. 2376, on property located at 19051 Road 276, on the east and west side of Road 276, approximately 2,980 feet south of Avenue 196, east of Strathmore; (APN: 255-110-003) (Brett William Hesse) (4.30 acres to be Non-Renewed as a condition of PPM 18-007) (600.40 acres are subject to contract amendment). WAN 19-008  Williamson Act Contract No. 16502, Ag. Preserve No. 4276, on property located at 10573 Avenue 384, on the south side of Avenue 384, approximately 1,295 feet west of Road 108, south of Dinuba; (APN: 047-020-049) (WMJ Farms, Incorporated) (.13 acres to be Non-Renewed as a condition of PLA 18-036) (76.46 acres are subject to contract amendment). Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial Non-Renewals. Authorize the Chairman to sign the amendments to the Williamson Act Contracts.

48.         Approve an Energy Efficiency-Light Emitting Diode (LED) Fixture Replacement Rate Agreement with Southern California Edison (SCE), for a term of twenty (20) years from the commencement of service.

49.         FOR INFORMATION ONLY: Bid opening results for the Earlimart Park Sidewalk Improvements Project.

CONTRACTOR                                           BID AMOUNT

American Paving                                         $483,990.60

JT2 Inc. dba Todd Companies                  $525,661.53

Clean Cut Landscape Inc.                          $573,856.60

DOD Construction                                       $578,808.00

V&G Builders Inc.                                        $607,726.70

Truxell & Velentino Landscape                 $637,025.00

 

Engineer’s Estimate                                  $601,000.00

 

 

50.         FOR INFORMATION ONLY: Bid opening results for the Pixley Main Street Improvements Project.

CONTRACTOR                                           BID AMOUNT

JT2 Inc. dba Todd Companies                  $1,200,971.52

Bush Engineering                                        $1,228,174.00

Agree Construction                                     $1,239,837.00

Avison Construction Inc.                            $1,239,932.00

MAC General Engineering                         $1,254,327.51

American Paving                                         $1,315,945.70

DOD Construction                                       $1,316,008.00

Dawson-Mauldin, LLC                                $1,417,948.00

 

Engineer’s Estimate                                  $1,266,300.00

 

Sheriff/Coroner

51.         Ratify and approve an agreement with United States Department of Justice to provide investigator assistance in an amount not to exceed $25,000, retroactive from August 1, 2019 through September 30, 2019. Ratify the Chairman’s signature on the agreement. Approve the necessary budget adjustments (4/5ths vote required).

52.         Ratify and authorize the submission of a grant application for funding from the California Department of Alcohol Beverage Control for Fiscal Year 2019/20 for compliance by Alcohol Beverage Control licenses with laws regulating to the sale of alcoholic beverages to minors in an amount of up to $20,000 retroactive from September 6, 2019.

53.         Approve an agreement with the United States Drug Enforcement Administration for participation in the Drug Enforcement Administration Task Force, effective October 1, 2019 through September 30, 2020.

54.         Approve the Memorandum of Understanding between the Tulare County Sheriff's Office and Fresno County Sheriff's Office for the County to receive Central Valley High Intensity Drug Trafficking Area reimbursement funds in an amount not to exceed $394,685, retroactive from January 1, 2019 through December 31, 2020.

Solid Waste

55.         Reject all bids received for construction of the Teapot Dome Landfill Entrance Project. Find, by a 4/5 vote, that the project can be performed more economically by employees of the County. Authorize the Solid Waste Department to have the project constructed using County force account (employee) labor, all in accordance with Public Contract Code section 22038.

 (Items Not Timed)

ITEMS NOT TIMED

56.         Request from the Human Resources Department to renew the Anthem Blue Cross PPO plan offerings provided by the San Joaquin Valley Insurance Authority (SJVIA) with a 4.72% rate increase. Renew the Kaiser Permanente plan rates with no increase for the Traditional HMO and Deductible HMO plans, and .97% for the Senior Advantage Plan. Approve participation in the Delta Dental PPO Plan with no increase, and the DeltaCare HMO Plan with an increase of 4.07%. Approve participation in the Vision Service Plan with a 2% increase. Approve renewal from Anthem Blue Cross for Employee Assistance Program with an increase of 4% over the current rate. Authorize Human Resources and Development staff to launch a two-year pilot program with 98point6 to provide Virtual Primary Care services to County health plan members and dependents.

BOARD MEMBER 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 SESSION

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(d0(2)]

Number of Potential Cases: 1

See today's agenda item regarding the 2019 Road Repair and Accountability Act (RRAA) Project 2.

ITEM B  

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Resendez, Alexis vs. County of Tulare, et al. 

United States District Court, Eastern District of California 1:19-cv-01123-LJO-SKO

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Jennifer Brown v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ9923379

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

 

Name of Case: Kerry Kelly v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ7320539

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

 

Name of Case: Service Employees International Union Local 521 v. County of Tulare, Public Employment Relations Board, Unfair Practice Charge No. SA-CE-1092-M

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Tulare County Deputy Sheriff’s Association & Tulare County Professional Firefighter's Association Local 4757 v. County of Tulare, Public Employee Relations Board, Unfair Practice Charge No. SA-CE-1042-M

ITEM G

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See today’s agenda item regarding Construction of Teapot Dome Landfill Entrance Project.

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.