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

 

September 22, 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 recognizing the 125th Anniversary of Sequoia National Park.

3.             Presentation by 2015 Leadership Class on Volunteerism Project.

4.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.            PUBLIC HEARING:  Request from the Fire Department to conduct a public hearing for Fire Hazard Abatement Cost Recovery.  Confirm the accounting as modified.  Order that the costs as confirmed be recorded in the office of the Tulare County Recorder.  Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax roll as special assessments against the respective parcels of land.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 20)

 

 

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.

 

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

6.            Approve an amendment to Agreement No. 25849 with SST Benefits Consulting and Insurance Services, Inc. to extend the term of the agreement to December 31, 2018 and amend the insurance requirements.

7.            Approve the Special District training event on January 13, 2016.  Approve the costs of printed handouts and the purchase of box meals.

County Administrative Office/General Services

8.            Ratify actions by the County Administrative Officer during the month of August 2015.  Find that the activities funded pursuant to the good works funding agreements are necessary to meet the social needs of the residents of Tulare County.

9.            Approve an amendment to Agreement No. 27273 with Stanton Office Machines for the provision of copier systems to update Exhibit A, Scope of Services, to include the agreed-upon price of services.

10.         Authorize the Chairman of the Board to execute an Easement Deed for additional right of way along the north side of Avenue 136 at the proposed South County Detention Facility.  Direct the Clerk of the Board to return the executed and notarized Easement Deed to Property Management for transmittal to the City of Porterville.

11.         Approve an agreement for Purchase of Fee Title and a Temporary Construction Easement from Humberto Delgado and Sandra Cantu-Delgado, husband and wife as joint tenants, for the Avenue 416 Road Widening Project in the amount of $120,000.  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 $122,000 in favor of First American Title Company or the County’s designated title company.

Health & Human Services Agency

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

13.         Authorize the submittal of an application in the amount of $221,235 to the Governor’s Office of Emergency Services (CalOES) for the Fiscal Year 2015 Emergency Management Performance Grant.

14.         Approve an agreement with Kings View Corporation in an amount not to exceed $220,000 for the provision of telepsychiatry services, retroactive from July 1, 2015 through June 30, 2016.  Find that the Board had 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.

15.         Approve an agreement with Turning Point of Central California, Inc. for the provision of adult alcohol and other drug services for TulareWORKs Welfare to Work clients in an amount not to exceed $350,000, retroactive to July 1, 2015 through June 30, 2016.  Find that the Board had 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.

16.         Approve an agreement with Merced Behavioral Center, a locked skilled nursing facility, for the provision of stabilization and long-term maintenance for mentally disabled clients in an amount not to exceed $950,000, retroactive to July 1, 2015 to June 30, 2016.  Find that the Board had 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.

17.         Approve an agreement with the State of California for the emergency purchase of water from the Porterville Development Center for use in the Household Tank Program, in an amount not to exceed $48,000, for a term of six (6) months starting from the date of final approval of this agreement through March 12, 2016.

Resource Management Agency

18.         Approve the “Mavericks Pony Express 5k Run” to be held on Saturday, September 26, 2015 from 6:00 a.m. to 10:00 a.m. in and near the City of Tulare.  Approve the Annual “Mavericks Pony Express 5k Run” to be an on-going event for future years until such time as conditions of the event and/or the location change, and subject to timely submittal of a complete application for each annual event.

Sheriff/Coroner

19.         Approve a capital asset purchase for two (2) Drying Cabinets in an amount not to exceed $15,000; a Ford Explorer in an amount not to exceed $27,000; an Egg Grader in an amount not to exceed $7,700; and three (3) Custom-built Trailers in an amount not to exceed $23,000.  Approve a down payment of $9,000 to be made to Kesting Welding for the custom built trailers.  Authorize the necessary budget adjustments (4/5ths vote required).

20.         Rescind Board Resolution 2015-0717.  Approve and adopt the resolution for submission of a SB 863 application to the California Board of State and Community Corrections for up to $40 million to construct the proposed Sequoia Field Program Facility, Phase II, project in Tulare County.  Authorize the Chairman to sign the SB 863 proposal form and any related agreements and documentation required by the program.  Authorize the required cash match of $2,080,000 as outlined in the SB 863 proposal.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

21.         Presentation given by General Services-Capital Projects outlining the contractor pre-qualification process for the South County Detention Facility.  Hear an appeal from Lewis C. Nelson and Sons in regards to staff’s decision to not pre-qualify them to bid on the South County Detention Facility project.  Approve one of the following actions:  A) Uphold staff’s finding that Lewis C. Nelson and Sons does not meet the requirements of the pre-qualification process and is not eligible to submit a bid for the construction of the South County Detention Facility project; or B) Determine that Lewis C. Nelson and Sons meets the requirements of the pre-qualification process and is eligible to submit a bid for the construction of the South County Detention Facility project.

22.         Request from General Services - Property Management to approve purchase of property at 5300 W. Tulare Avenue and 801 S. Akers Road in the City of Visalia for a price of $16,970,000.  Direct the County Environmental Assessment Officer, or his designee, to file a Notice of Exemption with the Clerk-Recorder.  Authorize the County Administrative Officer, or his designee, to execute all additional documents to complete this purchase of real property.  Authorize the County Administrative Officer, or his designee, to apply for and submit applications and associated fees to the City of Visalia for any permits, as may be required by law, to occupy the building for County offices.  Authorize County Counsel to sign the Grant Deed acceptance upon presentation.  Direct the Auditor to issue warrants or Electronic Funds Transfers to First American Title Company upon requests made by the County Administrative Officer, or his designee, as provided for in the Purchase and Sale Agreement and Joint Escrow Instructions for deposits, purchase price and escrow costs.

23.         Request from General Services - Property Management to approve the purchase of improvements for a price of $100,000 located at 5911 S. Mooney Blvd. in Visalia from the Golden State Young Men’s Christian Association (YMCA).  Authorize the County Administrative Officer, or his designee, to execute all additional documents needed to consummate this purchase of the Improvements.  Direct the Auditor to draw a warrant in favor of Golden State YMCA in an amount not to exceed $100,000 upon request made by the County Administrative Officer, or his designee.  Approve the necessary budget adjustments (4/5ths vote required).

 (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 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

Contract dispute with the City of Exeter

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Descriptions:  5300 W. Tulare Avenue, Visalia, CA

Agency Negotiator:  Jean Rousseau, John Hess, and Robert Newby

Negotiating Parties:  Weingart Foundation

Under Negotiation:  Price and Terms of Payment

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  County of Tulare/In re: Municipal Derivatives Antitrust Litigation, United States District Court, Southern District of New York, Master Docket No. 08-02516 (VM) (GWG)

ITEM D

THREAT TO PUBLIC SERVICES OR FACILITIES:

(Government Code Section 54957)

Consultation with: Captain Mike Watson, Sheriff’s Department

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  County of Tulare v. PERB (SEIU Local 521) 

Court of Appeal, Fifth Appellate District No. F071240

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Government Code Section 54956.9(d)(1)]

Name of Case:  County of Tulare v. SEIU Local 521 

PERB UPC No. SA-CO-120-M

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  SEIU Local 521 v. County of Tulare 

PERB Case No. SA-CE-894-M

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Tulare Pediatric Health Care Center FQHC v. Department of Health Care Services 

Office of Administrative Hearings Case No. FQ14-0610-718G -GP

ITEM I

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean M. Rousseau

Employee Organization:  All Certified Employee Organizations           

Unrepresented Employees:  All Unrepresented Employees