MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

District Three

 

J. STEVEN WORTHLEY

Vice Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 636-5000

FAX (559) 733-6898


April 29, 2014

 

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)

 

1.                  Board of Supervisors matters.

2.                  Adopt a Resolution proclaiming the month of May 2014 as "Mental Health Awareness Month" in Tulare County.

3.                  Service Award Presentations.

DISTRICT 1 - Supervisor Allen Ishida

 

NAME

DEPARTMENT

SERVICE YEARS

Deborah Perez

Health and Human Services Agency

15

Bonnie Quiroz

Health and Human Services Agency

15

Susanna Renteria

Health and Human Services Agency

15

Nancy Aguilar

Health and Human Services Agency

25

Rita Woodard

Auditor's Office

25

Tricia Wafford

District Attorney's Office

35

 

 

 

DISTRICT 2 - Supervisor Pete Vander Poel

 

NAME

DEPARTMENT

SERVICE YEARS

Deborah Heemstra

Health and Human Services Agency

15

Yolanda Mascorro

Health and Human Services Agency

15

Sandi Miller

WIB-Administration

15

Susanna Sandoval

Health and Human Services Agency

15

Angela Sigala

Health and Human Services Agency

15

Rosario Garibo

Health and Human Services Agency

20

Debora Hutcheson

Health and Human Services Agency

20

Donna Jones

Health and Human Services Agency

35

 

 

 

DISTRICT 3 - Chairman Phil Cox

 

NAME

DEPARTMENT

SERVICE YEARS

Carrie Amador

Health and Human Services Agency

15

Alberto Banuelos

Health and Human Services Agency

15

Lynette Bartlett

Health and Human Services Agency

15

Lorena Cruces

Health and Human Services Agency

15

Dorothy Fierro

Health and Human Services Agency

15

Tawna Godlewski

Health and Human Services Agency

15

Anna Isais

District Attorney's Office

15

Margaret Jaramillo

Health and Human Services Agency

15

Michelle Jones

District Attorney's Office

15

Lanny Lewis

Health and Human Services Agency

15

Gloria Loboa

Health and Human Services Agency

15

Reyna Lopez

Health and Human Services Agency

15

Michelle Medina

Health and Human Services Agency

15

Elisa Montoya

Treasurer

15

Vianey Moreno

Health and Human Services Agency

15

Maria Rogers

Health and Human Services Agency

15

Guadalupe Romo

Health and Human Services Agency

15

Mary Sanchez

Health and Human Services Agency

15

Chao Vang

Health and Human Services Agency

15

Martha Molina

Health and Human Services Agency

20

 

 

 

DISTRICT 4 - Supervisor Steve Worthley

 

NAME

DEPARTMENT

SERVICE YEARS

Angelica Arroyo

Health and Human Services Agency

15

Christina Cabrera

Health and Human Services Agency

15

Barbara Gomes

Health and Human Services Agency

20

 

 

 

DISTRICT 5 - Supervisor Mike Ennis

 

NAME

DEPARTMENT

SERVICE YEARS

Mary Hunt

Health and Human Services Agency

15

Angelita Morales

Health and Human Services Agency

15

Chee Xiong

Health and Human Services Agency

15

Linda Hazelwood

Health and Human Services Agency

20

Laurence Jared Sr

Health and Human Services Agency

20

Janet Jones

Health and Human Services Agency

25

 

4.                  Public Comments.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from the Resource Management Agency to continue the Public Hearing from the March 25, 2014 and deny the appeal filed by Monique P. Yang, and uphold the Resource Management Agency Notice of Decision for violation of Medical Marijuana Ordinances 6-21-1040 (d) and (i) located at 74 S. Maston Street Porterville, California, APN: 259-092-008.

6.                  PUBLIC HEARING: Request from the Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters to approve the proposed fee schedule.

7.                  PUBLIC HEARING: Request from Tulare County Fire Department to approve the recommended proposed fee schedule, effective July 1, 2014.

8.                  PUBLIC HEARING: Request from the Resource Management Agency to consider and approve the proposed fee adjustments to the Planning & Development Fee schedule, effective July 1, 2014, and be incorporated into the revenues estimated for the proposed Fiscal Year 2014/2015 Budget.

(Consent Calendar)

 

 

 

CONSENT CALENDAR (Number 9 through 34)

 

 

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 for separate action if required.

 

 

 

Board of Supervisors

9.                  Appoint Jason Britt, Health & Human Services Agency, Designee to the Community Health Center Board for a term ending April 18, 2018.

County Administrative Office/General Services

10.             Approve Revision #2 of Administrative Regulation No. 4 regarding Budgetary Controls.

11.             Authorize the allocation of $4.1 million to be used to cover the estimated cost overage for the construction of the South County Detention Facility. Approve the necessary budget adjustments (4/5ths vote required).

12.             Accept an Irrevocable Offer to Dedicate Real Property along the southerly side of Ash Avenue in Orosi, CA that was offered for dedication by Irrevocable Offer to Dedicate Real Property recorded in the office of the Tulare County Recorder on July 24, 2006 in Document ID 2006-0076146 more particularly described as the North 18 feet of Parcel 2 of Parcel Map No. 3704 as per Map recorded February 24, 1989 in Book 38, Page 7 of Parcel Maps, in the office of the Tulare County Recorder. Direct the Clerk of the Board to cause a certified copy of the resolution accepting the Irrevocable Offer to Dedicate Real Property to be recorded in the Office of the Tulare County Recorder.

Health & Human Services Agency

13.             Reaffirm Resolution No. 2014-0090 declaring a Local Emergency due to Drought in Tulare County adopted February 4, 2014.

14.             Adopt a resolution proclaiming May 2014 as Older Americans Month in Tulare County.

15.             Appoint Juliet Webb as the Health & Human Services Representative to the In-Home Supportive Services Advisory Committee. Direct the Clerk to the Board to recruit for the listed vacancies per the provisions of the Maddy Act.

16.             Approve an amendment to Agreement No. 26031 with Everbridge, Inc., to extend the term to June 30, 2015, update Exhibit A to reflect new system features, and update Exhibit B to reflect payment changes and a decrease in annual cost from $94,000 to $93,000. Approve the necessary budget adjustments (4/5ths vote required).

 

17.             Approve an amendment to Agreement No. 25529 for Tulare County Health & Human Services, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2013 through June 30, 2015. Find that the Board had authority to enter into the proposed amendment as of July 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

18.             Approve an amendment to Agreement No. 25338 with the Public Health Institute and the Centers for Disease Control and Prevention for the Public Prevention Health Fund: Community Transformation Grants in the amount of $253,987 in Carry Forward Funding retroactive to September 30, 2013 through September 29, 2014. Find that the Board had authority to enter into the proposed amendment as of September 30, 2013, and that it was in the County's best interest to enter into the amendment as of that date.

19.             Approve an agreement with the Workforce Investment Board of Tulare County for the Welfare-to-Work expanded Subsidized Employment Pilot program, in an amount not to exceed $800,000, to provide expanded work opportunities that lead to self sufficiency via Welfare to Work subsidized and/or unsubsidized employment services activities to adults receiving California Work Opportunity and Responsibility to Kids (CalWORKs) assistance, retroactive from April 1, 2014 through September 30, 2014. Find that the Board had authority to enter into the proposed agreement as of April 1, 2014, and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments (4/5ths vote required).

20.             Approve a Memorandum of Understanding with Blue Cross of California dba Anthem Blue Cross, Inc, effective upon signing, to allow funding by Anthem Blue Cross for a Behavioral Health Coach assigned to the Visalia Health Care Center.

21.             Approve the waiver of permit fees for public water systems with greater than 14 service connections from January 1, 2014 through June 30, 2014. Authorize the Environmental Health Division to refund permit fees for public water systems with greater than 14 service connections that had a permit renewal fee due and remitted payment between January 1, 2014 through June 30, 2014.

Information & Communications Technology

22.             Approve the Master Service Agreement with ISI Telemanagement Solutions, Inc. entered into by the Purchasing Agent, retroactive to February 26, 2010. Find that the Board had the authority to enter into the proposed agreement as of February 26, 2010, and that it was in the County's best interest to enter into the agreement on that date. Approve an amendment with ISI Telemanagement Solutions, Inc. to extend the initial term through May 31, 2017 in an amount not to exceed $133,524.00 to provide phone billing services for the County.

23.             Approve an agreement with Novacoast in an amount not to exceed $43,500 for professional services for technology enhancements for the Tulare County Health & Human Services Agency, TulareWORKs Division.

24.             Approve an agreement with NWN Corporation in an amount not to exceed $184, 879 for professional services and technology enhancements for the Tulare County Health & Human Services Agency, TulareWORKs Division.

Probation

25.             Authorize the submission of an application for continued funding for the Juvenile Justice Crime Prevention Act to the Board of State and Community Corrections in the amount of $1,585,204 for the period of July 1, 2014 through June 30, 2015. Authorize the submission of the Comprehensive Multi-Agency Juvenile Justice Plan with Substantive Modifications for the period of July 1, 2014 through June 30, 2015. Assure that the County of Tulare's Comprehensive Multi-agency Juvenile Justice Plan has been developed, reviewed, and provided to the Board of State and Community Corrections in a format determined by the Board of State and Community Corrections. Assure that the County of Tulare's Board of Supervisors and the Juvenile Justice Coordinating Council review and approve the County's Comprehensive Multi-agency Juvenile Justice Plan. Assure that the County of Tulare will adhere to the requirements of the Juvenile Justice Crime Prevention Act (Chapters 353 and 475 of the Government Code) regarding the submission of the Comprehensive Multi-agency Juvenile Justice Plan application or revision, investment of allocated monies, including any interest earnings, expenditure of said funds, and the submission of required reports to the Board of State and Community Corrections.

Purchasing

26.             Approve an amendment to Agreement No. 24385 with Tulare Local Healthcare District - Mineral King Laboratory, to extend the term of the agreement to July 31, 2014 for providing drug screening, analysis, and testing services, retroactive to March 31, 2014 through July 31, 2014. Find that the Board had authority to enter into the proposed amendment as of March 31, 2014, and that it was in the County's best interest to enter into the amendment on that date.

Resource Management Agency

27.             Prohibit motor vehicle parking on the north side of County Line Road (Avenue 0) from Road 148 to 500 feet east of Road 152 and on both sides of Road 152 beginning at Avenue 0 and proceeding north approximately 1,100 feet by establishing a "No Parking" zone.

28.             Approve and award the contract to the lowest responsive and responsible bidder, Floyd Johnston Construction Company, Inc. of Clovis, California in the amount of $287,825 for construction of the Road 56 Bridge Replacement over Packwood Creek located approximately 5 miles northwest of the City of Tulare. Authorize the Chairman to sign the contract, subject to 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 of $29,000 (10%) to cover unexpected construction conditions.

 

29.             Adopt the Revision of Mileage of Maintained County Roads identifying that Tulare County maintained mileage is 3037.75 miles as of December 31, 2013. Direct the Clerk of the Board of Supervisors to return to the Resource Management Agency a certified copy of the resolution to be filed with Caltrans.

30.             Approve the 2014/2015 Transit Agreement with Orange Belt Stages to provide public transit on its common carrier services in Tulare County. Delegate authority, on behalf of the County, to the Resource Management Agency Director to extend the agreement for two (2) additional one-year terms under the same terms and conditions and authorize the RMA Director to sign the amendment to extend the term of the agreement.

31.             FOR INFORMATION ONLY: Bid opening results for the Asphalt Concrete Overlay Project on Road 104 from Avenue 408 to Avenue 424 and Avenue 328 from Road 80 to Road 99.

Contractor

Base Bid + Additive

Base Bid

Agee Construction

$1,158,190.70

$879,027.75

Lees Paving, Inc.

$1,159,993.83

$878,221.82

Papich Construction

$1,167,979.00

$895,707.80

Emmett's Excavation

$1,183,119.00

$890,663.95

Don Berry Construction

$1,188,918.30

$926,095.00

Bowman Asphalt

$1,283,975.00

$968,429.40

Teichert Construction, Inc.

$1,296,630.10

$979,107.60

Jim Crawford

$1,385,980.30

$1,063,689.10

W. Jaxon Baker Inc.

$1,488,618.00

$1,151,372.00

Engineers Estimate

$1,436,066.34

$1,095,087.90

 

Sheriff/Coroner

32.             Approve a Memorandum of Understanding between Tulare County Sheriff's Department and the State of California Campaign Against Marijuana Planting Program to provide task force services for the period of July 1, 2014 through October 15, 2014.

33.             Approve an amendment to Agreement No. 25307 with the United States Forest Service for patrol services on Forest Service to update Exhibit A to include the reimbursement amount of $35,000, retroactively for the period of October 1, 2013 through September 30, 2016. Find that the Board had the authority to enter into the amendment to the agreement as of October 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

34.             Approve an agreement with United States Department of Justice, Drug Enforcement Administration in the amount of $200,000, retroactive to January 1, 2014 and extending through December 31, 2014. Find that the Board had authority to enter into the proposed agreement as of January 1, 2014, and that it was in the County's best interest to enter into the agreement on that date.

 

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

35.             Request from the County Administrative Office to suspend Tulare County Agreement No. 25786 with Kitchell CEM, Inc. effective immediately, pursuant to Section III.3.E of the Agreement. Provide sixty day (60) written Notice of Termination of Tulare County Agreement No. 25786 to Kitchell CEM, Inc., pursuant to Section III.3.F of the Agreement. Authorize and direct staff to provide letter of suspension and sixty day (60) written Notice of Termination to Kitchell CEM, Inc. pursuant to Agreement No. 25786. Authorize the Chairman to sign any documents necessary to suspend and terminate Agreement No. 25786.

(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 the closed session will be made in accordance with Government Code sections 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 - EXITING LITIGATION

Details

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

Name of Case: Mary Stewart v. Workers' Compensation Appeals Board Numbers FRE-0236636 and FRE-0231861

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Michael Haynes v. County of Tulare

Workers' Compensation Appeals Board: Unassigned Claim Number CT-0101324

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Elizabeth Somma - Application for Leave to Present Late Claim

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Claim of Afreen Kaeble against the County of Tulare and individual employees

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANITCIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Requests from County Administrative Office to suspend and terminate the Kitchell CEM construction management contract. See Board of Supervisors Agenda April 29, 2014

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...