MEMBERS OF THE BOARD

 

ALLEN ISHIDA – Vice Chairman

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS – 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

 

 

February 2, 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.             Board of Supervisors matters.

2.             Present Proclamation recognizing the month of February 2016 as Grand Jury Awareness Month in Tulare County.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from the Resource Management Agency to consider a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $15,250,000 for the purpose of refinancing the acquisition, construction, improvement and equipping of health and medical facilities for Family HealthCare Network, and certain other matters relating thereto. Approve the resolution approving the Issuance of Bonds by the California Municipal Finance Authority for Family HealthCare Network.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 28)

 

 

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.

 

Board of Supervisors

5.            Reappoint Dr. Chris Rodarte, Community Partner and Frank Ardon, Community Partner to the Health Advisory Committee for terms ending February 1, 2019.

6.            Reappoint Larry Jordan, Trustee and Bill Place, Trustee to the Eshom Valley Cemetery District for terms ending January 4, 2020.

County Administrative Office/General Services

7.            Approve an amendment to Agreement No. 27361 with the Weingart Foundation, a California Nonprofit Public Benefit Corporation, for Purchase and Sale and Joint Escrow Instructions for acquisition of real property at 5300 W. Tulare Avenue and 801 S. Akers Road, Visalia, CA in order to revise the purchase price to $15,250,000 and modify other contract provisions, subject to receipt and approval of the new Cigna Lease provided by Weingart.  Authorize the Chairman of the Board to sign the amendment, subject to receipt and approval of new Cigna Lease.  Approve payment for an American Land Title Survey through escrow.

8.            Approve an agreement with Bell and Howell, LLC in the amount of $183,512.04 plus tax to provide service maintenance and software support for a term of 60 months, retroactive to November 1, 2015 through October 31, 2020.  Approve cancellation of Purchasing Department Annual Agreement with Bell and Howell, effective November 1, 2015.  Find that the Board had authority to enter into an agreement as of November 1, 2015, and that it was in the County's best interest to enter into the agreement on that date.

9.            Approve an agreement with Water Dynamics in the amount of $400,000 to construct a fill station at the well site for the East Porterville Emergency Water Supply Project, retroactive to January 25, 2016. Find that the Board had authority to enter into the proposed agreement as of January 25, 2016, and that it was in the County’s best interest to enter into the agreement on that date.  Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, license verification, and contract, subject to review and approval as to form by County Counsel.

10.         Approve sending a letter of opposition to Assembly Bill 45 (Mullin) which would require new model ordinances related to the collection and diversion of household hazardous waste, expand the definition of household hazardous waste, and determine whether a nonprofit organization has been created and funded.

Health & Human Services Agency

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

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

13.         Ratify and approve an amendment to Agreement No. 27176 with Orosi Public Utility District for purchase of water for the Household Tank Program in an amount not to exceed $3,840, retroactive to January 12, 2016 through November 1, 2016.  Ratify the Chairman's signature on the amendment.  Find that the Board had the authority to enter into the proposed amendment as of January 12, 2016, and that it was in the County’s best interest to enter into the amendment on that date.

Information & Communications Technology

14.         Approve a License Agreement with Santa Barbara County for the Williamson Act System Software.

Resource Management Agency

15.         Approve an amendment to Agreement No. 26268 with the Tulare County Transportation Authority increasing the total amount by $3,400,000 from $6,666,000 to an amount not to exceed $10,066,000 for right of way acquisition and utility relocation for the Betty Drive Interchange Project.  Authorize the Chairman of the Board of Supervisors to sign the amendment, subject to review and approval as to form by County Counsel.

16.         Approve an amendment to Agreement No. 26269 with the State of California that Caltrans and the County will co-sponsor the right of way phase for the project with a split of $6,492,000 from Caltrans and $10,000,000 from Local (Measure R) funds for improvements to the Betty Drive Interchange.  Authorize the Chairman of the Board of Supervisors to sign the amendment, subject to review and approval as to form by County Counsel.

17.         Approve and award the contract to the lowest responsive and responsible bidder, MAC General Engineering, Inc. of Porterville, California, in the amount of $247,120.24 for construction of Road 108 Street Improvement Project.  Authorize the Chairman to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License.  Allow funds for contingencies in the amount of $24,712 (10%) to cover unexpected construction conditions.

18.         Approve an agreement with Omni Means Ltd., Inc. in the amount of $60,000 for preparation of 30% Complete Streets Designs for Streets within Ducor, Strathmore, Cutler and Orosi Community Planning.

19.         Approve an agreement with the California Department of Water Resources for a Drought Emergency Response Program Grant for the Monson Water Supply Project in an amount not to exceed $400,000. 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 Resource Management Agency Director, or designees, to sign reports, funds requests and any other required administrative documents for this grant. Approve the necessary budget adjustments (4/5th vote required).

20.         Approve an agreement with NCM Engineering Corporation in the amount of $164,272 to provide professional engineering consulting services for the Avenue 392 Sand Creek Bridge Project for the period of February 2, 2016 to June 30, 2018.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

21.         Approve an agreement with NCM Engineering Corporation in the amount of $178,637 to provide professional engineering consulting services for the Avenue 364 Cottonwood Creek Bridge Project for the period of February 2, 2016 to June 30, 2018.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

22.         Approve an agreement with Moffatt & Nichol Engineers, Inc. in the amount of $423,567 to provide professional engineering consulting services for the Avenue 424 over Traver Canal Bridge Project for the period of February 2, 2016 to June 30, 2018.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

23.         Approve an agreement with Quincy Engineering, Inc. in the amount of $519,000 to provide professional engineering consulting services for the M348 South Fork Kaweah River Bridge Project for the period of February 2, 2016 to June 30, 2019.  Authorize the Chairman to sign the agreement, subject to review and approval as to form by County Counsel.

24.         Authorize and direct submittal of a State of California, Department of Housing and Community Development application for the 2015 Housing-Related Parks Program Grant based on the Notice of Funding Availability issued on October 26, 2015. Authorize and direct the Chairman of the Board to sign the completed application and accompanying documents on behalf of the County for the Housing-Related Parks Program 2015 designated program year in an amount not the exceed $622,425. Authorize and direct the Chairman of the Board to execute the Standard Agreement not to exceed $622,425, any amendments thereto, and any and all documents required to secure the grant from the Department of Housing and Community Development, subject to County Counsel approval as to form. Acknowledge and agree that the County is subject to the terms and conditions as specified in the Standard Agreement and that funds are to be used for allowable and eligible capital asset project expenditures to be identified in Exhibit A for the Standard Agreement with the application incorporated in full; in a manner presented in the application as approved by the Department of Housing and Community Development and in accordance with the Notice of Funding Availability, Program Guidelines and the Application Package. Authorize and direct the Resource Management Agency Director, or designee(s), to sign funds requests, reporting documentation, and other program-supporting documentation as required by the Department of Housing and Community Development for participation in the Housing-Related Parks Program.

25.         Declare intent to grant Southern California Edison Company (SCEC) the right, privilege and a franchise for a term of 25 years to use and construct poles, wires, conduits and appurtenances for the purpose of transmitting and distributing electricity for all purposes: under, over, along, across and upon the public streets, ways, alleys and places within the County.  Approve the Notice of Intent to be published as least once within 15 days after this date in the Visalia Times Delta, a news publication of general circulation. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk.  Introduce and waive the first reading of an ordinance repealing Uncodified Ordinance Number 1047 and adding a new Uncodified Ordinance pertaining to a franchise agreement with SCEC. Set a Public Hearing for February 23, 2016, at 9:30 a.m., or thereafter. Direct the Clerk of the Board to publish a summary of the ordinance at least five days prior to the second reading, as required by law.

26.         Introduce and waive the first reading of an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No. PZ 15-020, from AE-20 (Exclusive Agriculture-20 Acre Minimum) zone to C-2 (General Commercial) zone on approximately a 1.39 acres portion of Assessor Parcel Number (APN) 300-310-005, located near the intersection of State Route 190 and Road 192 within the community of Poplar-Cotton Center. Set the Public Hearing for February 23, 2016 at 9:30 a.m., or as shortly thereafter as can be heard.

27.         FOR INFORMATION ONLY:  Bid Opening Results for the Ledbetter Park Improvement Project.

Contractor                                           Bid Amount

 

JT2 Inc. dba Todd Companies          $326,400.00

Clean Cut Landscape                        $352,000.00

Elite Landscape Construction, Inc. $360,000.00

DOD Construction, LTD                    $417,668.00

MAC General Engineering, Inc.       $436,314.00

                                                                                    

Engineers Estimate              $310,000.00

 

28.         FOR INFORMATION ONLY:  Bid Opening Results for Avenue 322 Water Main Extension Project.

Contractor                                                 Bid Amount

 

JT2 Inc. dba Todd Companies                $117,750.00

Hayden Construction, Inc.                      $150,576.00

West Valley Construction Inc.                $168,145.00

Whitaker Construction, Inc.                    $175,890.00

Dawson-Maudlin Construction              $187,350.40

RTC Construction Management Inc.    $195,972.00

                                                                                    

Engineers Estimate                       $195,000.00

 

 

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

29.         Request from Resource Management Agency to approve the proposed reorganization of the Resource Management Agency’s Administration Branch to Fiscal Services Branch.

30.         Approve the Agricultural Conservation Easement Program.  Direct the County Administrative Officer, in concert with the Resource Management Agency, to take all necessary and proper action to implement the direction of the Board of Supervisors.

 (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

Request to approve the issuance of revenue bonds by the California Municipal Finance Authority for Family HealthCare Network; see public agenda

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 2

Approve the Proposal Agricultural Conservation Easement Program; See Board of Supervisors Agenda February 2, 2016

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: 5300 W. Tulare Ave., Visalia, CA

Agency Negotiators: Mike Spata and John Hess

Negotiating Parties: Weingart Foundation

Under Negotiation: Price and Terms of Payment

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Angela Cristano v. County of Tulare et al. 

California Eastern District Court Case No. 1:15-cv-01527-LJO-BAM

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Paul Grenseman and Julia Jimenez v. County of Tulare et al 

Tulare County Superior Court Case No. 258551

ITEM F

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Government Code Section 54957)

FOR THE POSITION OF: COUNTY COUNSEL

ITEM G

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