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

 

 

 

 

MICHAEL C. SPATA

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

 

 

December 15, 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.             Presentation and announcement of the 2015 "Movember" Moustache Contest Winners.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from the Fire Department to confirm the accounting as modified for the Fire Hazard Abatement Cost Recovery.  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 5 through 40)

 

 

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.

 

Agricultural Commissioner/Sealer

5.            Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $19,850 to offset costs of providing pest detection services for Light Brown Apple Moth, retroactive to October 1, 2015 through September 30, 2016. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

Board of Supervisors

6.            Reappoint Crystal Sullivan, Chairman, Board of Supervisors or Designee to the Law Library Board for a term ending December 31, 2016.

7.            Reappoint Dennis Medders, Trustee to the Lindsay-Strathmore Public Cemetery District for a term ending January 4, 2020.

8.            Reappoint Lynne Martin-Del Campo, Seat 2 - At-Large and Irma Rangel, Seat 3 - At-Large to the Mental Health Board for terms ending December 31, 2018.  Appoint Nathan Terry, Seat 1 - At-Large to the Mental Health Board for a term ending December 31, 2018.

9.            Reappoint Don Turner, Seat 1 to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2019.

10.         Appoint Randy Groom, Incorporated Cities to the Independent Ambulance Compliance Committee for a term ending December 31, 2017.

11.         Appoint Mike Spata, County Administrative Officer to the Treasury Oversight Committee.

12.         Appoint Mike Spata, County Administrative Officer to the Tulare County Financial Advisory Committee.

13.         Appoint Mike Spata, County Administrative Officer to the Tulare County Audit Committee.

County Administrative Office/General Services

14.         Approve an amendment to Agreement No. 26884 with Consolidated Testing Laboratories retroactive to December 2, 2014 to extend the term to January 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of December 2, 2014 and that it was in the County’s best interest to enter into the agreement on that date.

15.         Approve an amendment to Agreement No. 27119 with the Department of Water Resources to extend the term to March 31, 2016 for a drought emergency water supply well near the City of Porterville, retroactive to June 8, 2015.  Find that the Board had authority to enter into the proposed agreement as of June 8, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

16.         Approve an amendment to Agreement No. 24589 with Shaw/Yoder/Antwih, Inc. to update contractor's change of name under the prior name of Strategic Local Government Services, LLC. 

17.         Approve an amendment to Agreement No. 26995 with Jay W. Powell, Inc. and David W. Allen to provide conflict public defender services in the amount of $195,292.47 per month for the period of January 1, 2016 to March 31, 2016.

18.         Approve an agreement with JMP Business Systems to provide maintenance on mail equipment and software in the amount of $501.33 per month along with Exhibit B with Neopost USA, Inc. for meter equipment and software in the amount of $1,191.49 per month for a term of 60 months, effective December 15, 2015 to December 15, 2020.

19.         Approve January 12, 2016 at 9:00 a.m., or as soon thereafter as possible, as the date and time to receive public comment regarding the Board’s intent to consummate the purchase of a portion of the real property at 10736 Simpson Dr., Monson, California whose Assessor’s Parcel Number is 033-040-033.  Instruct the County Administrative Officer, or his designee, to publish the Notice of Intent to Purchase Real Property once a week for three consecutive weeks pursuant to Government Code §25350 and §6063.

District Attorney

20.         Ratify and approve the Grant Award Agreement for acceptance of grant funding from the Insurance Commissioner of the State of California for the Automobile Insurance Fraud Prosecution Program in the amount of $190,000, retroactive to July 1, 2015 through June 30, 2016. Ratify and approve the District Attorney’s signature on the agreement.  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.  Direct the Board Clerk to prepare a certified copy of the resolution for the District Attorney’s Office.

21.         Ratify and approve the Grant Award Agreement for acceptance of grant funding from the Insurance Commissioner of the State of California for the Workers’ Compensation Insurance Fraud Prosecution Program in the amount of $499,258 and recognize an additional $27,162 in carry over funds and $213 in program interest from Fiscal Year 2014/2015 for a total of $526,633, retroactive to July 1, 2015 through June 30, 2016, Ratify and approve the District Attorney’s signature on the agreement.  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.  Direct the Board Clerk to prepare a certified copy of the resolution for the District Attorney’s Office.   Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

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

23.         Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

24.         Approve the form letter for rental property homeowners outlining Tulare County’s Rental Property Household Tank Program. Direct Tulare County Health & Human Services Agency and Office of Emergency Services staff to mail the form letter to drought-impacted landlords regarding the Rental Property Tank Program’s availability.

25.         Approve a Memorandum of Understanding with the Superior Court of California, County of Tulare for the provision of two (2) Courtroom Clerk positions for Mental Health Court and Drug Court in the amount of $110,355, retroactive to July 1, 2015 through June 30, 2016. Find that the Board had authority to approve this Memorandum of Understanding as of July 1, 2015, and that it was in the County’s best interest to approve the Memorandum of Understanding on that date.

26.         Approve amendments with the following school districts:  Agreement No. 24419 with Porterville Unified School District, Agreement No. 24420 with Dinuba Unified School District, and Agreement No. 24422 with Farmersville Unified School District to receive immunizations and public health services from Tulare County Health & Human Services Agency and to extend the date of termination, retroactive to July 1, 2015 through June 30, 2018.  Find that the Board had authority to approve these amendments as of July 1, 2015, and that it was in the County’s best interest to approve the amendments on that date.

Human Resources & Development

27.         Approve an agreement with Chimienti & Associates Insurance Services to perform administrative services related to the Tulare County Section 125 Plan for the period of January 1, 2016 through December 31, 2016.

28.         Approve an amendment to Agreement No. 25590 with Gallagher Benefit Services to extend the agreement through the period of January 1, 2016 through June 30, 2016 for providing insurance consulting services.

29.         Approve the Side Letter of Agreement with the Tulare County Deputy Sheriff’s Association.

30.         Approve the amended and restated Joint Exercise of Powers Agreement creating the San Joaquin Valley Insurance Authority.

Information & Communications Technology

31.         Approve the project to upgrade the County Business Objects system to version 4.1 and keep it in compliance after end of support for the current version 4.0 on December 31, 2015 for an amount not to exceed $390,000.  Approve a License and Support Agreement with SAP Public Services Inc. in an amount not to exceed $307,000 to provide updated SAP Enterprise licenses and support for the SAP Enterprise licenses for the period of January 1, 2016 to December 31, 2016.  Approve Amendment No. 1 to Tulare County Agreement No. 6989 and related Statement of Work with Method360 in an amount not to exceed $35,000 for installation services for SAP Business Objects Upgrade for the period of February 1, 2016 to August 1, 2016.  Approve the purchase of Cisco UCS Hardware from Datalink Corporation in an amount not to exceed $20,000.  Approve the purchase of VMWare vCloud Suite and 1 year technical support from Datalink Corporation in an amount not to exceed $11,000.  Approve the purchase of Microsoft SQL Server Licenses with 3 years software assurance and Microsoft Server 2012R2 licenses from Softchoice Corporation in an amount not to exceed $19,000.  Authorize the County Purchasing Agent to procure items listed in 4, 5, and 6 above.  Approve the necessary budget adjustments (4/5ths vote required).

Probation

32.         Approve an agreement with the United States Department of Justice for seized and forfeited drug assets, 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.

Resource Management Agency

33.         Introduce and waive the first reading of the Ordinance amending Article 3 in Chapter 1 of Part III of the Tulare County Ordinance Code pertaining to speed limits.  Set the second reading for January 5, 2016.  Direct the Clerk of the Board to publish a summary and post a certified copy of the proposed Ordinance at least five (5) days prior to adoption in accordance with Government Code Section 25124(b)(1).

34.         Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the Avenue 322 Water Main Extension 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 Avenue 322 Water Main Extension Project subject to review and approval as to form by County Counsel. Authorize the Chairman of the Board of Supervisors to sign the Specifications. Approve the advertisement for bids of the Avenue 322 Water Main Extension Project.

35.         Authorize the filing of Notice of Partial Non-Renewal for the following three (3) Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from one (1) Lot Line Adjustment map and three (3) Tentative Parcel Maps:  Approve the execution of amendments to the Land Conservation Contracts as condition of approval for the aforementioned Partial Non-Renewals.

PNR 15-023 –           Williamson Act Contract No. 3205, Ag Preserve No. 0506, located at 36667 Road 144, on the west side of Road 144, north of Visalia (4.82 acres to be Non-Renewed as a condition of PPM 15-030 & PPM 15-031) (35.05 acres are subject to contract amendment).

 

PNR 15-027 –           Williamson Act Contract No.3820, Ag Preserve No. 0902, located at 19884 Road 24, on the southeast corner of Road 24 and Avenue 199, Waukena (4.68 acres to be Non-Renewed as a condition of PPM 15-025) (50.17 acres are subject to contract amendment).

 

WAN 15-005 –          Williamson Act No. 14961, Ag Preserve No. 14961, located at 20045 Avenue 332, on the south side of Avenue 332, between Road 196 and Road 204, Woodlake (3.0 acres to be Non-Renewed as a condition of PLA 15-017) (110.82 acres are subject to contract amendment).

 

36.         Adopt the Complete Streets Policy Plan for the Earlimart and Cutler-Orosi Community Planning Areas. Authorize Transmittal of the Complete Streets Policy Plans (Phase #2) for the Strathmore, Ducor, Tipton, Terra Bella, Earlimart, Cutler-Orosi Community Planning Areas to the Tulare County Association of Governments (TCAG).

Sheriff/Coroner

37.         Authorize the Sheriff’s Department to establish the Tulare County Sheriff’s Foundation for charitable and educational purposes governed by the Internal Revenue Code, Section 501(c)(3) as a public benefit corporation.  Authorize the Sheriff’s Department’s use of County resources for startup work during implementation of the Foundation and payment of $850 for the user fee for the 501(c)(3) tax exempt status application process.

38.         Approve a capital asset purchase for a Tactical Cockpit Monitor not to exceed $14,000; a Ford Transit Van for the Sheriff’s Information Technology Unit not to exceed $27,000; and a Cal-ID Backup System not to exceed $262,000.  Authorize the necessary budget adjustments (4/5ths vote required).

Solid Waste

39.         Eliminate the Mattress Tipping Fee at Tulare County landfills, effective December 31, 2015.  Limit the total number of mattresses and/or box springs for disposal in any one load to ten, unless prior authorization is received from the Solid Waste Director, or his designee.  Authorize the Solid Waste Director, or his designee, to determine the daily limit of mattresses accepted at the landfill, and reject loads from commercial entities when daily capacity is reached.  Authorize the Solid Waste Director, or his designee, to register with the Mattress Recycling Council for mattress recycling services at the Teapot Dome and Visalia landfills.

40.         Approve a Waste Disposal Agreement with Mid Valley Disposal to coincide with the 100% commitment of waste volume by Mid Valley Disposal to County landfills, and to increase and secure disposal tonnage and revenue that will allow for a more predictable Solid Waste Enterprise Fund, retroactive to October 1, 2014 through September 30, 2019.  Find that the Board had authority to enter into the proposed agreement as of October 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

41.         Presentation to approve the extension of the Arts Consortium’s designation as the official arts council of Tulare County, retroactive to October 1, 2015 through December 31, 2016.  Find that the Board had authority to extend the designation as of October 1, 2015, and that is was in the County’s best interest to approve the designation on that date.

42.         Request from the Sheriff's Department to approve the Personnel Resolution to increase the position allocation by adding one (1) Fingerprint Technician.  Authorize the necessary budget adjustments (4/5ths vote required).

43.         Request from the Sheriff's Departmert to approve the following three (3) agreements: 1) Taser International, Inc. - Professional Services Agreement; 2) Taser International, Inc. - Evidence.com Master Service Agreement; and 3) Taser International, Inc. - Addendum 1 Integration Services Statement of Work for related software and services to implement a Body Worn Camera Program. Approve quotation number Q-27772-4 with Taser International, Inc. in an amount not to exceed $1,548,721 over a five year period.

44.         Receive a report from the Resource Management Agency regarding the Success Reservoir Enlargement Project. Affirm the approval of Tulare County Agreement No. FC-84 based on the current cost estimate of the Success Reservoir Enlargement Project of $40,000,000.

45.         Request from the Resource Management Agency to approve the Transit Action Plan for 2015-2016 and the Transit Development Plan. Direct staff to take appropriate action.

46.         Presentation providing an overview and update of the Economic Development and Planning Branch of the Resource Management Agency.

 (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

Public Hearing regarding Fire Hazard Abatement Cost Recovery; see Board of Supervisors Agenda December 15, 2015.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: The People v. United States Fire Insurance Company, 

Fifth Appellate District Court of Appeal Case No. F070771

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 3

ITEM D

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

[Government Code Section 54956.9(d)(4)]

Number of Potential Cases: 5

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APN 119-690-050

Agency Negotiators:  Michael C. Spata, John Hess, and Robert Newby

Negotiating Parties:  James and Salina Robinson

Under Negotiation:  Price and Terms of Payment

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APN 119-690-049

Agency Negotiators:  Michael C. Spata, John Hess, and Robert Newby

Negotiating Parties:  Valley Bible Church

Under Negotiation:  Price and Terms of Payment

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APN 119-320-031

Agency Negotiators:  Michael C. Spata, John Hess, and Robert Newby

Negotiating Parties:  Vincent Chan

Under Negotiation:  Price and Terms of Payment

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APN 119-320-013

Agency Negotiators:  Michael C. Spata, John Hess, and Robert Newby

Negotiating Parties:  Jared Smith

Under Negotiation:  Price and Terms of Payment

ITEM I

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APN 119-320-011, APN 119-320-012

Agency Negotiators:  Michael C. Spata, John Hess, and Robert Newby

Negotiating Parties:  Daniel and Valerie Watrous

Under Negotiation:  Price and Terms of Payment

ITEM J

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APN 119-320-001

Agency Negotiators:  Michael C. Spata, John Hess, and Robert Newby

Negotiating Parties:  Cynthia Johansen, Trustee, Johansen Living Trust

Under Negotiation:  Price and Terms of Payment

ITEM K

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Stephanie Franco v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ8955940, ADJ10078548/CT-11-0510264

 

ITEM L

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Michael C. Spata

Employee Organization: Al Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees