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

 

 

January 5, 2016

 

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.             Election of the Chairman and Vice Chairman to the Board of Supervisors for the year 2016.

2.             Board of Supervisors matters.

3.             Recognize Fire Chief Joe Garcia upon his retirement from the County Fire Department for his many years of County service.

4.             Recognize LaRayne Cleek upon her retirement from the Superior Court of California for her many years of service. 

5.             Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 49)

 

 

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

6.            Approve an agreement with the California Department of Food and Agriculture for providing State Subvention in the amount of $187,405 to offset costs of providing exotic pest detection trapping services, 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. 

Board of Supervisors

7.            Approve the List of Appointive Offices on Regulatory Commissions and Advisory Boards, Commissions and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2016 for compliance with the Maddy Act and authorize posting.

8.            Approve the 2016 Board of Supervisors Committee Assignments.

9.            Cancel the following meetings for the Board of Supervisors during 2016:

January 19             May 31              July 12                       November 29

February 9              June 7               August 2                    December 27

February 16           June 21            September 6

March 22                July 5                November 22

 

10.         Appoint Benjamin Ruiz, Jr. (C.E.S.E.) as Interim Director of the Tulare County Resource Management Agency (RMA), with a 10% increase over his current salary as Assistant RMA Director - Public Works.

11.         Appoint the following in Lieu of Election to the St. Johns Water District for terms ending November 30, 2019:  Jeff Ritchie, Mike Shannon, and Catherine Doe.  The only persons filing Declarations of Candidacy were the incumbents for the divisions in which an election was scheduled to be held.

12.         Ratify a proclamation honoring Jeff McIntosh upon his retirement from the Visalia Police Department.

13.         Reappoint Antonia Chavez, Trustee, Patricia Colson, Trustee and Phil Vandergrift, Trustee to the Tulare Public Cemetery District for terms ending January 6, 2020. 

14.         Reappoint John Hess, District 3 - Regular Commissioner to the Tulare County Housing Authority for a term ending December 18, 2019.

15.         Appoint Tom Johnson, Trustee to the Visalia Public Cemetery District for a term ending January 2, 2017.

16.         Reappoint Jerry Stover, Trustee to the Pixley-Tipton Cemetery District for a term ending January 6, 2020.

17.         Appoint Nan Arnold, Community Partner to the Tulare County Health Advisory Committee for a term ending February 1, 2016. 

18.         Reappoint Curtis Spott, Trustee and Rose Marie Harris, Trustee to the Exeter Public Cemetery District for terms ending January 6, 2020.

19.         Appoint John Pope to the Allensworth Community Services District for a term ending December 7, 2018.

20.         Appoint Russell P. Burke, Member County Bar to the Law Library for a term ending December 31, 2016.

County Administrative Office/General Services

21.         Reaffirm the lack of water supply for East Porterville declared by the Board of Supervisors on June 30, 2015 is a continuing emergency.

22.         Determine that the failure of three County wells located at the Bob Wiley Detention Facility and Mooney Grove Park originally taken to the Board of Supervisors on June 2, 2015 is a continuing emergency (4/5ths vote required).

23.         Approve a lease agreement with William T. Doyal for space in the North Hangar at Sequoia Field Airport for a month-to-month term at a rate of $50 per month.

24.         Approve an agreement for Purchase of Fee Title and a Temporary Construction Easement from Jeffery and Laura Warkentin for the Avenue 416 Road Widening Project in the amount of $125,000.  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 $127,000 in favor of First American Title Company or the County’s designated Title Company.

District Attorney

25.         Adopt a resolution proclaiming the month of January 2016 as Human Trafficking Awareness Month in Tulare County.

26.         Approve a capital asset purchase of four (4) Ford Explorer vehicles in an amount not to exceed $116,000.  Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

27.         Approve an amendment to Agreement No. 26229 with the California Department of Public Health Office of AIDS for the HIV Care Program in the amount of $460,753 to include changes to Exhibit A in the scope of work section, retroactive to July 1, 2013 through March 31, 2016.  Find that the Board had authority to approve this amendment as of July 1, 2013, and that it was in the County’s best interest to approve the amendment on that date.

28.         Approve an agreement with Aligned Telehealth in an amount not to exceed $900,000 ($400,000 for Fiscal Year 2015/2016 and $500,000 for Fiscal Year 2016/2017) for the provision of acute psychiatric inpatient professional services for Short-Doyle and Medi-Cal beneficiaries, retroactive to October 31, 2015 through June 30, 2017.  Find that the Board had authority to approve the agreement as of October 31, 2015, and that it was in the County’s best interest to approve the agreement as of that date.

29.         Approve a Memorandum of Understanding with the California Department of State Hospitals and the California Mental Health Services Authority for the provision of State Hospital Bed Purchase and Usage estimated to be $1,479,710 ($739,855 for Fiscal Year 2014/2015 and $739,855 for Fiscal Year 2015/2016), retroactive to July 1, 2014 through June 30, 2016.  Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2014, and that it was in the County’s best interest to enter into the memorandum of understanding on that date.

Information & Communications Technology

30.         Approve the Capital Asset purchase of antennas, cables, and accessories necessary to complete the Blue Ridge Tower installation project in an amount not to exceed $45,000.  Authorize the transfer of $113,335 from the 591 ICT Projects Trust Fund's Fund Balance to cover additional expenses associated with the implementation of the project.  Approve the necessary budget adjustments (4/5ths vote required).

31.         Approve an amendment to Agreement No. 27366 with Motorola Solutions, Inc. for a change order modifying section 1.3 of the agreement for professional services to assess, analyze and “turn up” the simulcast communications system.

32.         Rescind Resolution No.2015-1051.  Ratify and 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.  Ratify and approve a License and Support Agreement with SAP Public Services Inc. in an amount not to exceed $307,000 which includes a Capital Asset purchase in the amount not to exceed $195,681 to provide updated SAP Enterprise licenses and support for the SAP Enterprise licenses for the period of January 1, 2016 to December 31, 2016.  Find that the Board had authority to enter into the proposed agreement as of December 15, 2015, and that it was in the County’s best interest to enter into the agreement on that date.  Ratify the Chairman’s signature on the License and Support Agreement with SAP Public Services Inc.  Approve the Capital Asset purchase of services from 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 Capital Asset purchase of Cisco UCS Hardware from Datalink Corporation in an amount not to exceed $20,000.  Ratify and approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

33.         Approve supplemental funding to purchase a Water Tender in an amount not to exceed $55,000.  Authorize and direct the Tulare County Purchasing Department to place the order for the Water Tender.  Approve the necessary budget adjustments (4/5ths vote required).

34.         Approve an application to the State Water Resources Control Board for Drinking Water State Revolving Fund for $500,000 to alleviate drought-related drinking water supply problems currently affecting the residents of East Porterville. Authorize and direct the County Administrative Officer, or designee, to act on the County’s behalf in all matters pertaining to this application. Authorize and direct the Chairman of the Board to enter into and sign the Funding Agreement, and any subsequent amendments thereto, with the State of California for the purpose of this grant, subject to County Counsel approval as to form. Authorize and direct the County Administrative Officer, or designees, to perform the following: (a)   Serve as Grant Administrator, (b) Sign Funds Requests for Reimbursement, (c) Sign the Project’s Budget and Expenditure Summary, (d) Sign the Certification of Project Completions, and (e) Sign the Final Release Form.

35.         Waive the second reading and adopt the Ordinance amending Article 3 in Chapter 1 of Part III of the Tulare County Ordinance Code pertaining to speed limits.  Direct the Clerk of the Board to publish a summary and post a certified copy of the Ordinance within fifteen (15) days after adoption in accordance with Government Code Section 25124(b)(1).

36.         FOR INFORMATION ONLY:  Bid opening for the Road 108 Street Improvement Project.

Contractor

Bid Amount

MAC General Engineering, Inc.

 $247,120.24

Bush Engineering, Inc.

 $274,994.00

Emmett Valley Construction, Inc.

 $275,585.00

Dawson-Mauldin Construction, Inc.

 $284,569.89

R. J. Berry Jr., Inc.

 $286,395.00

Agee Construction Corporation

 $287,184.00

Avison Construction, Inc.

 $287,592.00

Papich Construction Co., Inc.

 $289,002.00

Central Valley Asphalt

 $294,289.00

Don Berry Construction, Inc.

 $305,964.00

Pierce Construction

 $310,556.30

Engineer’s Estimate

$320,063.00

 

Sheriff/Coroner

37.         Approve a grant application submission and grant award agreement with the Board of State and Community Corrections for the Edward Byrne Memorial Justice Assistance Program in the amount of $672,841, retroactive to January 1, 2016.  Find that the Board had the authority to enter into the proposed agreement as of January 1, 2016, 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).

38.         Approve and sign a letter to the Board of State and Community Corrections to request unspent SB 1022 funds for jail construction.

Solid Waste

39.         FOR INFORMATION ONLY:  Bid opening results for the Final Closure for Waste Management Unit 1 Visalia Landfill.

Contractor

Bid Amount

Floyd Johnson Construction Company, Inc.

$6,912,303.00

Ford Construction Company, Inc.

$6,953,010.00

Guinn Construction

$6,957,695.78

Wood Brothers, Inc.

$6,991,186.80

Nichelini General Contractors, Inc.

$7,083,874.40

Papich Construction Company, Inc.

$7,540,794.15

Sukut Construction

$8,257,161.00

Teichert Construction

$8,634,148.00

Engineer's Estimate

$8,032,406.00

 

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

40.         Request from Resource Management Agency to approve General Plan Initiation No. 15-002 to authorize the applicant, Nagi Mohamed Saeed, to file a General Plan Amendment to change the land use designation from Agriculture to General Commercial on a 1.27 acre parcel located on the southeast corner of Avenue 128 (Tea Pot Dome) and State Route 65 approximately ¾ miles south of State Route 190, Assessor’s Parcel Number 302-123-015.

41.         Request from Resource Management Agency to approve General Plan Initiation No. 15-004 to authorize the applicant to file a General Plan Amendment to change the land use designation from “Mooney Corridor” to “Mixed-Use” on a parcel located on the east side of Mooney Blvd. approximately 1,700 feet north of Prosperity Avenue, east of the City of Tulare, Assessor’s Parcel Number 150-170-011.  

 (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

 

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Alba v. County of Tulare, et al. 

United States District Court for the Eastern District No. 1:15-cv-01492

 

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Hernandez v. County of Tulare

Tulare County Superior Court Case No.:VCU259383

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Alma M. v. William Nulick, et al. 

Tulare County Superior Court Case No. 1:15-cv-01386-SAB

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Gonzalez, Gerardo v. County of Tulare; Mark Frick; Does1-20

Tulare County Superior Court Case No.:  VCU260119

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Vickers v. Maldonado, et al.

United States District Court for the Eastern District No. 1:14-cv-02039-SKO

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: 

1. SEIU Local 521 v. County of Tulare, Public Employee Relations Board (PERB) Case No. SA-CE-894-M (PERB 7)

2. County of Tulare v. SEIU Local 521, Public Employee Relations Board (PERB) UPC No. SA-CO-120-M (PERB 5) consolidated cases.

 

ITEM H

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

(Government Code Section 54957)

FOR THE POSITION OF:  Fire Chief

 

ITEM I

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