MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY –  

Chairman

District Four

 

MIKE ENNIS – Vice Chairman

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 28, 2015

 

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.             Present Proclamation declaring Wednesday, April 29, 2015 as Denim Day in Tulare County.

3.             Present Proclamation to adopt the month of May 2015 as "Mental Health Awareness Month" in Tulare County.

4.             Service Award Presentations.

DISTRICT 1 - Supervisor Allen Ishida

 

NAME

DEPARTMENT

SERVICE YEARS

Toni Mata

Health and Human Services Agency

15

Vienna Barnes

Health and Human Services Agency

20

Lulis Lopez

CAO-General Services

20

Violet Strawn

Assessor/Clerk-Recorder

20

Hiley Wallis

Auditor/Treasurer-Tax Collector

20

Deborah Hernandez

Health and Human Services Agency

25

Robert Macareno

Auditor/Treasurer-Tax Collector

25

Ursula Morales

District Attorney

25

 

 

 

DISTRICT 2 - Supervisor Pete Vander Poel

 

NAME

DEPARTMENT

SERVICE YEARS

Dana Brummer

Health and Human Services Agency

15

Sandra Mackiney

Health and Human Services Agency

15

Forrest McLean

Health and Human Services Agency

15

Irma Medina

Health and Human Services Agency

15

Alex Menezes

Health and Human Services Agency

15

Kerrie Shaughnessy-Guzman

Health and Human Services Agency

15

Tricia Smith

Health and Human Services Agency

15

Kevin Mikesell

Health and Human Services Agency

20

Julia Salas

Health and Human Services Agency

20

Penny Sousa

Health and Human Services Agency

20

Leonor Maestas-Banuelos

Health and Human Services Agency

30

Theresa Robles

Health and Human Services Agency

30

Jeanne Warren

Health and Human Services Agency

40

 

 

 

DISTRICT 3 - Supervisor Phil Cox

 

NAME

DEPARTMENT

SERVICE YEARS

David Alavezos

District Attorney

15

Jose Benavides

District Attorney

15

Georgina Espino

Health and Human Services Agency

15

Diana Fisher

Health and Human Services Agency

15

Sherri Glenn

Health and Human Services Agency

15

Sheila Gonzales

Health and Human Services Agency

15

Carmen Guzman

Health and Human Services Agency

15

Lori Looney

Purchasing

15

Laurie Mercer

Health and Human Services Agency

15

Carla Sawyer

Health and Human Services Agency

15

Nick Schuller

District Attorney

15

Kristi Barnhart

Health and Human Services Agency

20

Peggy Carlson

Health and Human Services Agency

20

Christopher Glidden

Health and Human Services Agency

20

Barbara Greaver

District Attorney

20

Laurel Hernandez

Health and Human Services Agency

20

Peggy Redfern

Health and Human Services Agency

20

Jasmine Enfiedjian

Fire Department

25

Kermit Wullschlege

Health and Human Services Agency

25

Alicia Garcia

Health and Human Services Agency

30

Rosemary Gonzalez

Health and Human Services Agency

30

Martha Teso

Health and Human Services Agency

40

 

 

 

DISTRICT 4 - Chairman Steve Worthley

 

NAME

DEPARTMENT

SERVICE YEARS

Hortencia Benavides

Health and Human Services Agency

15

Elizabeth Dodd

Workforce Iinvestment Board-Admin

15

Noelia Montanez

Health and Human Services Agency

15

Benny Sripaserth

Health and Human Services Agency

15

Cathy Volpa

Health and Human Services Agency

15

Steve Worthley

Board of Supervisors

15

Norma Cardenas

Health and Human Services Agency

20

Roseanna Dicochea

Health and Human Services Agency

20

Lourdes Hernandez

Health and Human Services Agency

20

Rachel Nerio-Guerrero

Health and Human Services Agency

20

Yolanda Trevino

Health and Human Services Agency

20

Helen Gonazalez

Health and Human Services Agency

25

Crusita Gutierrez

Health and Human Services Agency

25

Sylvia Munoz

Health and Human Services Agency

25

Lawrence Navarro

Health and Human Services Agency

25

Curt Russell

Capital Projects-Facilities

25

Leanne Zuniga

Health and Human Services Agency

25

 

 

 

DISTRICT 5 - Supervisor Mike Ennis

 

NAME

DEPARTMENT

SERVICE YEARS

Ty Inman

Health and Human Services Agency

15

Phonemany Lounbandith

Health and Human Services Agency

15

Robert Newby

CAO-General Services

15

Raquel Reyes

Health and Human Services Agency

15

Jose Saldana

Health and Human Services Agency

15

Lydia Suarez

Health and Human Services Agency

15

RuthAnn Uribe

Health and Human Services Agency

15

Roland Hill

Assessor/Clerk Recorders Office

35

 

5.             Public Comments.

 

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 32)

 

 

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 members on any item, that item will be removed from the Consent Agenda if separate action is required.

 

Agricultural Commissioner/Sealer

6.            Approve an agreement with Taylor Brothers, Inc. a California Corporation, dba Res-Com Pest Control in the amount of $200,000 to provide Glassy-winged Sharpshooter pest control for the period of April 28, 2015 through June 30, 2016.

7.            Approve an agreement with the California Department of Pesticide Regulation to provide State subvention in the amount of $36,905.05 to offset the cost of complying with their Enforcement Evaluation and Improvement Program from April 1, 2015 to June 30, 2015.  Find that the Board had authority to enter into the proposed agreement as of April 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.  Authorize the Chairman to sign Form CCC-307 (Contractor Certification Clause).  Approve the necessary budget adjustments (4/5ths vote required). 

Board of Supervisors

8.            Appoint Keith Douglass, County Representative to the Indian Gaming Local Community Benefit Committee for a term ending January 1, 2019.

9.            Appoint Jeffrey B. Ritchie, Division 3, Stan Gomes, Division 5, and Mark Watte, Division 6, to the Kaweah Delta Water Conservation District for terms ending March 1, 2019.

10.         Reappoint Kirk Nelson, District 1 - Consumer to the Community Health Center Board for a term ending April 18, 2019. 

County Administrative Office/Capital Projects/General Services

11.         Approve adjustment to the Copier Services’ budget for Fiscal Year 2014/2015 in the amount of $50,000.  Approve the necessary budget adjustments (requires 4/5ths vote).

12.         Approve and award the contract for the Hillman Health Center Roofing Project at 1062 S. “K” Street, Tulare, to the lowest responsible bidder, Graham Prewett, Inc., 2773 N. Business Park Avenue #102, Fresno, CA 93727 in the amount of $212,000.  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.

13.         Approve an amendment to Agreement No. 26997 with DLR Group to increase the contract amount by $39,442 from $3,256,100 to $3,295,542 for the South County Detention Facility Architecture and Engineering Services.  Authorize the Chairman to sign the agreement modification, subject to review and approval as to form by County Counsel.

14.         Accept the Bartlett Park Electrical Remodel Project at 28801 Worth Drive, Porterville, as a completed project.  Approve an amendment to Agreement No. 26801 with A-C Electric Company by increasing the contract amount by $1,624 and increasing the days of construction by 60 calendar days.  Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion and agreement amendment, subject to review and approval as to form by County Counsel.  Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the subject project with the office of the Tulare County Recorder.

15.         Approve the bid documents for the Bob Wiley Detention Facility Housing Unit #1 Roofing Project located at 36714 Road 112, Visalia, CA.  Authorize the advertisement of bids for the subject project.  Set the bid opening for the project at 2:00 p.m. on Thursday, June 18, 2015.

16.         Approve an agreement for Purchase of Fee Title and a Temporary Construction Easement with Dexter E. Ibara, Diana H. Ibara, and Terashi Ibara for the Avenue 416 Road Widening Project in the amount of $6,700.  Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation.  Authorize the Property Manager, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $8,200 in favor of Chicago Title Company.

County Counsel/Risk Management

17.         Approve the Post-Retirement Employment of Chief Deputy County Counsel – Schools as Extra Help Attorney for Tulare County Counsel.  Approve the Post-Retirement Employment of Chief Deputy County Counsel – Resource as Extra Help Attorney for Tulare County Counsel.  Approve and waive the 180-day waiting period to return to work for both positions.

Fire Department

18.         Approve an agreement with the City of Porterville for Cooperative Fire Protection, retroactive to April 1, 2015 and shall terminate April 1, 2017. Find that the Board had the authority to enter into the proposed agreement as of April 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Health & Human Services Agency

19.         Adopt a resolution proclaiming the month of May 2015 as Older Americans Month in Tulare County.

20.         Approve an amendment to Agreement No. 25709 with the California Department of Public Health for the California’s Personal Responsibility and Education Program, retroactive from July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the proposed amendment as of July 1, 2012, and that it was in the County’s best interest to enter into the amendment on that date.

21.         Approve amendments to the following:  Agreement No. 26985 with National Association of County and City Health Officials – Porterville; Agreement No. 26984 with National Association of County and City Health Officials – Tulare; and Agreement No. 26986 with National Association of County and City Health Officials – Visalia.

Human Resources & Development

22.         Approve the proposed Memorandum of Understanding between the County of Tulare and the Government Lawyers Association of Workers, Bargaining Unit 8.

Resource Management Agency

23.         Approve the Annual “Tour de Danish” bike ride to be held each year in and near the City of Lindsay.  Retroactively approve the Annual “Tour de Danish” bike ride that was held this year on April 25, 2015, to be an on-going event for future years until such time as conditions of the event and/or event route change, and subject to timely submittal of a complete application for each annual event.

24.         Authorize the submittal of a Federal Transit Act Section 5311 grant application to Caltrans, in the amount of $220,000 to be used for general expenses for County Transit services.

25.         Authorize the submittal of a Federal Transit Act Section 5311 grant application to Caltrans in the amount of $240,000 for the purchase of two (2) new buses for the County LOOP bus service.

26.         Authorize the filing of five Notices of Partial Non-Renewal for the following Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from the approval of three tentative parcel maps and two lot line adjustments. Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned projects. 

PNR 15-002 –           Williamson Act Contract No. 4396, Ag Preserve No. 1235, located on the northwest corner of Avenue 336 and Road 172, approximately 1 ¼ miles northeast of Ivanhoe (James Long & Company) (1.48 acre to be non-renewed as a condition of PPM 14-040), 40 acres in three parcels subject to contract amendment.

PNR 15-003 -           Williamson Act Contract No. 3981, Ag Preserve No. 0659, located on the northeast corner of Yokohl Road and Avenue 294, northeast of Exeter (Lambert) (2.40 acre to be non-renewed as a condition of PPM 14-025), 18.72 acres in two  parcels subject to contract amendment.

PNR 15-004 –           Williamson Act Contract No. 6718, Ag Preserve No. 2210, located on the west side of Road 48 approximately 1,735 feet south of Avenue 400, southwest of Dinuba (Marshall) (1.45 acre to be non-renewed as a condition of PPM 14-028), 53.33 acres in two parcels subject to contract amendment.

PNR 15-005 -            Williamson Act Contract No. 12902, Ag Preserve No. 3896, located on the southeast corner of Avenue 400 and Road 48, southwest of Dinuba (Marshall) (1.47 acre to be non-renewed as a condition of PLA 14-030), 40 acres in two parcels subject to contract amendment.

PNR 14-018 – Williamson Act Contract No. 3831, Ag Preserve No. 940, located on the north side of Avenue 388, between Road 88 and Road 96, west of Monson (APNs 030-170-025 & -026) (Derderian) (0.41-acres to be non-renewed as a condition of PLA 14-035). 51.77 acres subject to contract amendment.

Approve the execution of amendments to three additional Land Conservation Contracts as required by conditions of approval for the following projects.

PPM 14-032 –           Williamson Act Contract No. 5702, Agricultural Preserve No. 1819, located at the northwest corner of Road 84 and Avenue 228 / State Route 137, west of Tulare (APN 160-030-011) (Anderson) 76.6 acres subject to contract amendment.

PLA 14-034 –            Williamson Act Contract No. 3673, Agricultural Preserve No. 820, located on the southeast corner of Avenue 256 and Road 44, near Tulare. (APNs 147-060-006 & -060) (Bebereia) 137.5 acres subject to contract amendment.

PLA 14-034 –            Williamson Act Contract No. 6627, Agricultural Preserve No. 2171, located on the southeast corner of Avenue 256 and Road 44, near Tulare. (APNs 147-060-006 & -060) (Bebereia) 46.76 acres subject to contract amendment.

 

27.         Approve the Reimbursement Agreement with the Richgrove Community Services District to fund the Engineering and Construction of the Richgrove Park Dooley Drive Project in the amount of $93,950. Approve the Deposit Agreement with the Richgrove Community Services District to provide security to fund the Engineering and Construction of the Richgrove Park Dooley Drive Project in the amount of $93,950. Authorize the Chairman to sign the agreements, subject to review and approval as to form by County Counsel.

28.         Approve the Measure R Program Supplement to Cooperative Agreement No. 23149 with Tulare County Association of Governments to fund the engineering and construction of the Richgrove Park Dooley Drive Project in the amount of $93,950.  Authorize the Chairman to sign the agreement, subject review and approval as to form by County Counsel.

29.         Approve the summary vacation of excess right of way along the southerly side of Dooley Drive in Richgrove to facilitate the creation of a comomunity park.

30.         Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Richgrove Park Dooley Drive Project.  Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk. Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the Richgrove Park Dooley Drive Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids for the Richgrove Park Dooley Drive Project.

31.         Prohibit motor vehicle parking on the north side of Dooley Drive beginning at Vineyard Drive and proceeding east approximately 900 feet by establishing a “No Parking” Zone.  Authorize the installation of “No Parking” signs after the completion of the road improvements fronting Richgrove Park on Dooley Drive.

32.         FOR INFORMATION ONLY:  Bid opening results for the Asphalt Overlay Project locations:  Avenue 56, Avenue 256, Monson Drive, D238, and Success Drive.

Contractor

Base Bid +

Additive 1 + 2

Agee Construction Corporation

$1,808,145.70

Lee's Paving Inc.

$1,998,108.35

MAC General Engineering, Inc.

$2,017,159.70

A. Teichert & Sons Inc. dba Teichert Construction

$2,033,228.00

Granite Construction Company

$2,043,809.75

Papich Construction

$2,242,056.10

Chester Bross Construction

$2,378,839.85

Engineers Estimate

$2,186,784.25

 

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

33.         Request from County Administrative Office to consider, modify as needed, and approve the responses to the Tulare County Grand Jury 2014/15 Final Report regarding the reports entitled: Confusion and Chaos in Richgrove; and First 5 Fighting for our Children.

34.         Request from the Resource Management Agency to approve the Measure R Program Supplement to Cooperative Agreement No. 23149 with the Tulare County Association of Governments to fund the Right-of-Way Support and Capital for Segment 1 of the Avenue 280 Widening Project in the amount of $2,600,000.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

 (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 – EXISTING LITIGATION

 

Details

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

Name of Case:  Costello v. Edmund G. Brown Jr., et al. 

United States Eastern District Court Case No.1:15-cv-00252-SKO

 

 

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

 

Details

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

Name of Case:  Gonzalez, Gerardo vs. County of Tulare; Mark Frick; 

Does 1-20

Tulare County Superior Court No.: VCU260119

 

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

 

Details

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

Name of Case:  Doris McMillan v. County of Tulare

WCAB No: ADJ7709586

 

ITEM D

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 Employee

Ne