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

 

July 7, 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.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.            PUBLIC HEARING:  Request from the Resource Management Agency to deny the appeal filed by Houston Wells of Glen Wells Construction Company, Inc. and hereby affirm the Planning Commission’s Approval of Special Use Permit No. PSP 14-041 for an Asphalt Batch Plant (Papich Construction).

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 23)

 

 

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

4.            Approve an agreement with the California Department of Food and Agriculture to provide State funding of $39,999.55 to offset costs of providing fruit and vegetable inspection services for the State Standardization Program, effective July 1, 2015 through June 30, 2016.  Find that the Board had the authority to enter into the proposed Agreement as of July 1, 2015, and that it was in the County’s best interest to enter into the Agreement on that date.

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

5.            Approve the Candidate Statement Regulations and Printing Fees for the November 3, 2015 Uniform District Election Law Election.  Require each candidate filing a statement to pay the estimated cost in advance.  The estimated cost will be adjusted to actual cost upon completion of the election.  Candidates will be refunded or billed for the difference.  Limit each candidate’s statement to no more than 200 words for Special Districts unless otherwise specified by District Resolution.

Board of Supervisors

6.            Appoint Larry Peltzer, At-Large Member to the Tulare County Water Commission for a term ending April 30, 2016.

County Administrative Office/General Services

7.            Approve sending a letter of request to the California Natural Resources Agency asking the Agency to recommend, to the United States Department of Agriculture, watersheds in the Sierra and Sequoia National Forests for designation as priority treatment areas under Section 8204 of the Agriculture Act of 2014.

8.            Approve a Memorandum of Understanding with the Superior Court of Tulare County for a provision of internal services for County managed court facilities and 50% of the cost of four Preliminary Hearing Clerks, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2015, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

9.            Accept the Government Plaza Parking Lot Expansion and ADA Reconstruction Project at 5953 S. Mooney Blvd., Visalia, as a completed project.  Approve an amendment to Agreement No. 27025 with Seal Rite Paving and Grading by increasing the contract amount by $5,778.  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.

10.         Approve an agreement for Purchase of Fee Title, Irrigation Easement and a Temporary Construction Easement from the Linda R. Ewy Trust for the Avenue 416 Road Widening Project in the amount of $155,376.  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 $157,876 in favor of First American Title Company.

11.         Award the contract for the Balch Park Restroom Project to the lowest responsible bidder, MGS Construction Services in the amount of $293,355.  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.

Health & Human Services Agency

12.         Approve budget adjustments for the Fiscal Year 2014/2015 drought response costs (4/5ths vote required).

Information & Communications Technology

13.         Approve an agreement with Softchoice in an amount of $289,220 to provide license and maintenance support for Microsoft services, retroactive to July 1, 2015 through June 30, 2018.  Find that the Board has authority to enter into the proposed agreement as of July 1, 2015, and it was in the County’s best interest to enter into the agreement on that date.

Probation

14.         Approve an amendment to Agreement No. 26563 with Central Valley Recovery Services in the amount of $350,000 per year to extend the term of the agreement to June 30, 2016, retroactive to July 1, 2015.  Find that the Board had the authority to enter into the proposed agreement amendment as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement amendment on that date.

15.         Approve an amendment to Agreement No. 26288 with WestCare California, Inc. in the amount of $250,000 per year to extend the term of the agreement to June 30, 2016, retroactive to July 1, 2015.  Find that the Board had the authority to enter into the proposed agreement amendment as of July 1, 2015, and that it was in the County’s best interest to enter into the agreement amendment on that date.

Resource Management Agency

16.         Reject all bids received on May 7, 2015 for the Road 224 Deer Creek Bridge Project. Approve the re-advertisement for bids for the Road 224 Deer Creek Bridge Project.

17.         Approve and authorize the capital asset purchase of a metal canopy structure in an amount not to exceed $25,000 for the Terra Bella Road Yard.  Approve the necessary budget adjustments (4/5ths vote required).

18.         Approve the designation of an All-Way STOP at the intersection of Road 159 and Azalea Avenue (LA330) located in the community of Ivanhoe as a controlled intersection with a “No Parking” zone on the Southeast Corner. Authorize the installation of STOP signs on Road 159 at the intersection of Azalea Avenue (LA330) in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices and Section 22450(c) of the California Vehicle Code. Prohibit motor vehicle parking on the eastside of Road 159 beginning at the southeast corner of the intersection and proceeding south approximately 60 feet by establishing a ”No Parking” Zone. Authorize the installation of “No Parking” signs and painting red approximately 60 feet of curb at the intersection of Road 159 and Azalea Avenue (LA330).

19.         Approve the final map for Subdivision Tract No. 824 (William and Katherine Ferguson) to divide 43 acres into seventeen (17) lots located at the southwest corner of Goman Road (Avenue 114) and Kennedy Meadows Road (M152B) in Kennedy Meadows.

20.         Approve the Memorandum of Understanding with the Goshen Community Services District for the Peter Malloch Park Project funded by Grant No. 14-HRPP-9247.

21.         Approve the Memorandum of Understanding with the Plainview Mutual Water Company for the Plainview Park Project funded by Grant No. 14-HRPP-9247.

22.         Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 15-001, from R-1 (Single Family Residential) zone to C-2(General Commercial) zone on approximately a 35,319 sq. ft. portion of a 7.41 acre lot of Assessor Parcel Number (APN) 233-060-031, located near the intersection of Road 168 and Avenue 168 within the community of Woodville. Set the Public Hearing for July 28, 2015 at 9:30 a.m. or shortly thereafter as can be heard.

Sheriff/Coroner

23.         Approve a grant award agreement in the amount of $75,872 with the San Joaquin Valley Air Pollution Control District to purchase four electric motorcycles.  Approve the capital asset purchase of four electric motorcycles in the amount of $75,872.  Approve the necessary budget adjustments (4/5ths vote required).

 (Items Not Timed)

 (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 - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Appeal filed by Houston Wells of Glen Wells Construction Company, Inc. related to Special Use Permit No. PSP 14-041 for an Asphalt Batch Plant. (Papich Construction) See Board Of Supervisors Agenda July 7, 2015.

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Reject Bids Received and Authorize Re-Bid of Road 224 Bridge over Deer Creek Project. See Board Of Supervisors Agenda July 7, 2015.

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

MGS Construction is lowest bidder but will potentially decide to decline contract.  See Board Of Supervisors Agenda July 7, 2015.

 

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designation Representative: Rhonda Sjostrom, Jean M. Rousseau

Employees Organization: All certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees