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

 

November 19, 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.


(

1.             Board of Supervisors matters.

2.             Present a Proclamation recognizing the Tulare County Sheriff’s Office Youth Girls Basketball League.

3.             Presentation given by the Tulare County Sheriff's Office on a proposal from Motorola Solutions for a Flex Software Dispatch System.

4.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.            PUBLIC HEARING: Request from the Resource Management Agency to adopt the Planning Commission’s recommendations and findings of approval for General Plan Amendment No. GPA 19-001, Change of Zone No. PZC 19-003 and Tentative Parcel Map No. PPM 19-006 to change the zone on one (1) 7.12-acre parcel from AE-10 (Exclusive Agriculture – 10 acre minimum) to R-A-87 (Rural Residential – 87,000 sq. ft. minimum), located at 851 & 939 S. Cornucopia Road, on the west side of S. Cornucopia Road (Road 180) and approximately 1,100 feet south of Avenue 276 (Firebaugh), west of Exeter, as set forth in Planning Commission Resolutions No. 9656, 9657, and 9658. Accept 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 15303, Class 3, pertaining to New Construction or Conversion of Small Structures. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map for PZC 19-003.

6.            PUBLIC HEARING: Request from the Resource Management Agency to introduce and waive the first reading of a proposed ordinance adding Chapter 16.7 to the Tulare County Zoning Ordinance to regulate Short-Term Rentals of residential properties. Set the second reading for December 17, 2019.

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 through 43)

 

 

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.

 

 

 

 

Auditor-Controller/Treasurer-Tax Collector

7.            Authorize the sale, at Internet Auction, 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 begin on March 3, 2020 through March 4, 2020, ending time to be staggered every 15 minutes starting at 10:00 a.m. on March 4, 2020. Authorize the re-offer of any parcel starting May 26, 2020 through May 27, 2020, that does not sell at the end of the March 2020 auction at a lower minimum bid amount (§ 3698.5(c)). Authorize a $5,000 deposit in order to register/bid(§ 3693(b)(4). If the bidder is unsuccessful the deposit will be refunded. If the winning bidder fails to pay for the purchase the deposit is forfeited(§3693.1).

Board of Supervisors

8.            Appoint the following in Lieu of Election to the East Orosi Community Service District as Directors for terms ending December 1, 2023: Virgie Nunez, Elvira Camacho and Mayra Carrillo.

9.            Appoint the following in Lieu of Election to the East Orosi Community Service District as Directors for short terms ending December 3, 2021: Carmen Moreno and Katie Icho.

10.         Appoint Neal J. Schneider to the Community Partner Seat on the Tulare County Veteran Advisory Committee for a term ending January 1, 2022.

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

County Administrative Office

12.         Ratify actions by the County Administrative Officer during the months of September and October 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. 

District Attorney

13.         Approve an agreement with the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $899,737, with required County matching funds of $299,912, for a program total of $1,199,649, for the FY 19 Enhanced Collaborative Model Task Force to Combat Human Trafficking program, retroactive from October 1, 2019 through September 30, 2022.

14.         Approve an agreement with the California Office of Emergency Services to provide continuing funding for the Elder Abuse Program in an amount not to exceed $238,018, award amount of $190,414 with a $47,604 County match, effective January 1, 2020 through December 31, 2020. Authorize the Chairman and the County Administrative Officer to sign the Certification of Assurance of Compliance. Authorize the Project Director, Financial Officer, or designees to sign the Signature Authorization form. Recognize the Chair of the Tulare County Board of Supervisors as having authority to submit the application for the Elder Abuse Program to the California Office of Emergency Services, and as having authority to execute on behalf of the County of Tulare the Grant Subaward, including any extensions or amendments thereof.

Fire Department

15.         Approve a rate increase to the Ordered Duty Day Stipend for Battalion Chiefs, effective December 17, 2019 (pay period 25), to $900 per 12-24 hour shift and $450 per 6-12 hour shift.

16.         Authorize the submission of a grant application to the California Department of Forestry and Fire Protection (CAL FIRE) California Climate Investments Fire Prevention Program Grant for the Panorama Heights Fuel Reduction Project in an estimated amount of $1,193,180, for the period of March 2, 2022 through December 11, 2022. Authorize the Fire Chief, or designee, to sign and electronically submit the grant application.

General Services Agency

17.         Approve payment in the amount totaling $16,820.30 for goods and services received in Fiscal Year 2018/19 to the following vendors: Central Sanitary Supply $2,813.41; Prudential $793.48; Servi-Tech $416.33; Grainger  $5,699.30; Don Rose Oil $3,192.62; Lowe’s $55.16; Central Valley Sweeping $3,850.

18.         Approve a Hangar Lease Agreement for space in the North Hangar at Sequoia Field Airport with Jeromy Huff for a month-to-month term at a rate of $50 per month.

Health & Human Services Agency

19.         Authorize the Health and Human Services Agency, Mental Health Branch to apply for certification as a National Health Service Corps-approved site for the Visalia Adult Integrated Clinic and Porterville Mental Health Clinic for a period of three (3) years effective upon approval. Authorize the Director of Mental Health to sign and submit the required Site Agreement, the required National Health Service Corps Comprehensive Behavioral Health Service Checklist and Site Data Table for Visalia Adult Integrated Clinic and Porterville Mental Health Clinic.

20.         Authorize the Health and Human Services Agency’s Human Services Branch Director to accept an additional Fiscal Year 2019/20 Housing Support Program Allocation for homeless assistance in an amount of $253,401 from the State of California. Approve an amendment to Agreement No. 29245 with Community Services and Employment Training, Inc. for administration of the Housing Support Program to include the additional allocation of $253,401 to increase the total amount not to exceed to $635,489, retroactive from July 1, 2019 through June 30, 2020. Approve the necessary budget adjustments (4/5ths vote required).

21.         Approve an agreement with Star View Behavioral Health, Inc. to provide Community Treatment Facility and Psychiatric Health Facility beds and related mental health treatment for Tulare County Mental Health Consumers in an amount not to exceed $300,000, retroactive from July 1, 2019 through June 30, 2020.

22.         Approve an agreement with Esperanza Foster Family Agency to provide services on behalf of Tulare County Child Welfare Service’s foster children.  This will include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information, effective November 19, 2019 through June 30, 2022. There are no costs associated with this agreement.

23.         Approve an agreement with Foster Children Safe Haven, Inc. to provide services on behalf of Tulare County Child Welfare Service’s 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 are no costs associated with this agreement.

24.         Approve an agreement with Promesa Behavioral Health to provide services on behalf of Tulare County Child Welfare Service’s 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 are no costs associated with this agreement.

25.         Approve an amendment to Agreement No. 29284 with Tulare County Superintendent of Schools for the Emergency Child Care Bridge Program for Foster Children to increase the maximum amount under the agreement to $971,522 in State and Federal funds retroactive from October 1, 2019 through June 30, 2020.  Approve the necessary budget adjustments (4/5ths vote required).

26.         Approve an amendment to Agreement No. 29248 with Turning Point of Central California, Inc. for the Central County One-Stop Center to include Exhibit B-5, the Interim Reimbursement Rate Schedule, retroactive from July 1, 2019 through June 30, 2020.

27.         Approve an amendment to Agreement No. 29249 with Turning Point of Central California, Inc. for the North County One-Stop Center to include Exhibit B-5, the Interim Reimbursement Rate Schedule, retroactive from July 1, 2019 through June 30, 2020.

28.         Approve an amendment to Agreement No. 28600 with the California Department of Public Health (CDPH), Immunizations Branch to receive a decrease in funding of $27,681 from $768,970 to $741,289 for the provision of the immunization program, retroactive from July 1, 2017 through June 30, 2022. Authorize the Health and Human Services Agency Director, or designee, to sign the Federal Compliance Requirements Subrecipient Form Update.

29.         Approve an amendment to Agreement No. 29164 with Kings View Corporation, for the South County Mobile Services to include Exhibit B-4, the Interim Reimbursement Rate Schedule, retroactive from July 1, 2019 through June 30, 2020.

30.         Authorize the submission of a grant application with the Department of Health Care Services for funding in an amount not to exceed $587,707.41 for Fiscal Year 2019/20 for the Whole Person Care Pilot program.

31.         Approve an agreement with JUMP Technology Services, LLC. to obtain a new software system for the Adult Protective Services in an amount not exceed $31,200, effective November 19, 2019 through June 30, 2022.

32.         Accept funds from the Governor’s Office of Emergency Services for the Local Government Public Safety Power Shutoff Resiliency Program in an amount not to exceed $273,596, retroactive from July 1, 2019 through October 31, 2022. Ratify the Chairman’s signature on the Notification of Subrecipient Allocation. Approve the necessary budget adjustments (4/5ths vote required). Authorize the Clerk of the Board to sign the Governing Body Resolution to appoint Authorized Agents to act on behalf of the County in securing and administering grant funds.

33.         Approve an amendment to the Memorandum of Understanding No. 27482, with the California Department of State Hospitals and the California Mental Health Services Authority to extend the term of the Memorandum of Understanding for one (1) additional year, for the provision of state hospital bed purchase and usage, retroactive from July 1, 2019 through June 30, 2020. There are no costs associated with this Memorandum of Understanding. Approve a Participation Agreement for the California Mental Health Services Authority State Hospitals Program to authorize California Mental Health Services Authority to contract for state hospital beds on behalf of the County for special populations requiring secure 24-hour treatment services retroactive from July 1, 2019 through June 30, 2020 for a one-time annual fee of $4,206.

Information & Communications Technology

34.         Approve a Dark Fiber Lease Agreement with Comcast Business Communications, LLC, for data communications in a recurring monthly amount not to exceed $5,726 retroactive from October 25, 2019 through October 25, 2029.

Resource Management Agency

35.         Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the Construction of the M348 over South Fork Kaweah River Bridge Project (Three Rivers). Approve the Advertisement for Bids of the M348 over South Fork Kaweah River Bridge Project.

36.         Terminate Agreement No. 26967 with Restoration Resources for construction of the Avenue 416 Kings River Bridge Revegetation and Restoration Project. Authorize the Chairman to accept all work performed by Restoration Resources through July 31, 2019 as complete. Direct staff to complete all remaining Project work by Force Account with Restoration Resources’ remaining agreement balance of $35,705.40.

37.         Authorize the Resource Management Agency Director, or designee, to file and execute applications on behalf of the County of Tulare with the California Department of Transportation (the “Department”) to aid in the financing of capital/operating assistance projects pursuant to Section 5339 of the Federal Transit Act (FTA C 5100.1), as amended. Authorize the Chairman of the Board, or designee, to execute and file all certification of assurances, contracts or agreements or any other document required by the Department. Authorize the Resource Management Agency Director, or designee, to provide additional information as the Department may require in connection with the application for the Section 5339 projects. Authorize the Resource Management Agency Director, or designee, to submit and approve request for reimbursement of funds from the Department for the Section 5339 project(s).

38.         Approve an agreement with the State of California, Department of Transportation, for cost reimbursement for the purchase of replacement transit buses in an amount not to exceed $856,489, retroactive from April 2, 2018 through September 30, 2020. Authorize the Resource Management Agency Director, or designee, to approve and sign invoices and requests for reimbursement under Agreement No. 64GC17-00486 upon approval of the agreement by the State. Authorize the Resource Management Agency Director, or designee, to take actions as necessary for the purchase of buses through the Calact/MBTA Purchasing Cooperative for the bus purchases under Agreement No. 64GC17-00486.

39.         Review and approve the submittal of a Financial Assistance Application for up to $5,000,000 to the State Water Resources Control Board for the design and construction of the Yettem and Seville Water System Improvement Project Phase 2. Authorize and direct the Chairman of the Board to sign the application and any required accompanying documents. Adopt the "Authorizing Resolution."

40.         Authorize the submittal of the Economic Development & Planning Branch 2019/20 Indirect Cost Rate Proposal by the Resource Management Agency to the affected public agencies.

41.         Authorize the submittal of the Public Works Branch 2019/20 Indirect Cost Rate Proposal by the Resource Management Agency to the affected public agencies.

42.         Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15302(c) Replacement or Reconstruction, Soults Mutual Water Company Water System Improvement Project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

43.         FOR INFORMATION ONLY: Bid opening results for Navigation Aids at Sequoia Field.

CONTRACTOR                                                       BID AMOUNT

DACO Construction Co, Inc                                   $636,300.00

Royal Electric Group                                               $679,111.00

 

Engineer’s Estimate                                              $299,903.90

 

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

44.         Request from the Agricultural Commissioner/Sealer Department to approve a Personnel Resolution amending the Fiscal Year 2019/20 position allocation by adding one (1) FTE Deputy Agricultural Commissioner/Sealer position, effective November 24, 2019.

45.         Request from the General Services Agency to provide direction to staff regarding the temporary and permanent art displays at the Board of Supervisors and County Administration Office proposed by the Art Selection Committee.

46.         Request from the General Services Agency to open, examine, and declare sealed proposals for the surplus of real property described as a 2.26 acre portion located at the northeast area of the Tulare-Akers Professional Building parking lot located at  5300 W. Tulare Ave., Visalia, identified as Assessor’s Parcel No. 087-460-007. Call for oral bids that exceed by not less than five percent of the amount of the highest legitimate sealed proposal. Direct staff to return on December 17, 2019 with a proposed successful bidder, or a recommendation to reject all bids.

47.         Request from the Resource Management Agency to approve an Amendment to Sub-Utility Agreements 1.01 through 1.09 with the California High-Speed Rail Authority (CHSRA) to provide CHSRA and its contractor additional time (2-year extension) to complete the Facility Work outlined in Sub-Utility Agreements 1.02-1.04 and 1.06-1.07.

48.         Request from the Resource Management Agency to approve the Ownership and Maintenance Agreement with the California High-Speed Rail Authority for the California High-Speed Rail Project, which allows the parties to identify and define respective roles and responsibilities with regards to the post-construction modification, use, ownership, and maintenance of the grade separation structures.

49.         Receive a presentation from the Resource Management Agency on the Tulare County Bridge Improvement Program. Approve submittal of programming applications for five new bridge projects.

50.         Request from the County Administrative Office to approve a renewal agreement with Allen Law Firm, Inc. as Contractor, and Marcus Torigian, as Contingency Contractor, effective January 1, 2020, through June 30, 2021, in an amount not to exceed $4,337,004.54. Approve the necessary budget adjustment (4/5ths vote required).

51.         Request from the County Administrative Office to receive an update on the Tulare-Kern Disadvantaged Community Integrated Regional Water Management Involvement Program. Approve an amendment to Agreement No. 28482 with Provost and Pritchard to increase the amount from $915,300 to $1,725,566 to include Disadvantaged Community Project Development tasks.

BOARD MEMBER REQUESTS

52.         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(d)(2))

Number of Potential Cases: 1

See today’s agenda item pertaining to the General Plan Amendment No. GPA 19-001, Change of Zone No. PZC 19-003 and Tentative Parcel Map No. PPM 19-006 Lofstedt/Exeter.

ITEM B

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 pertaining to the proposed ordinance regulating Short Term Rentals of Residential Properties

ITEM C

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 pertaining to the Sale of Surplus 2.26 acres of Tulare-Akers Professional Building Northeast Parking Lot located at 5300 W. Tulare Avenue.

ITEM D

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 E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Lidia Camacho v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ10541000,

No. unassigned (underlying claim No. CT-10-00462)

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Craig MacDonald v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ11139849, ADJ9120833, ADJ9136297

ITEM G

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM H

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT       (Government Code Section 54957)

FOR THE POSITION OF:  GENERAL SERVICES AGENCY DIRECTOR

The Board will meet at the Board of Supervisors' office located at 2800 W. Burrel Avenue, Visalia, CA, 93291, on November 19, 2019, and may meet in a continuous closed session each subsequent business day on this topic through December 17, 2019, to deliberate on the possible appointment.

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.