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

 

 

March 1, 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 a Proclamation to adopt March 2016 as Social Work Month in Tulare County.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:  Request from Resource Management Agency to approve the resolution approving the issuance of revenue bonds by the California Municipal Finance Authority for Family Health Care Network in an aggregate principal amount not to exceed $25,250,000 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.

5.            PUBLIC HEARING:  Request from Solid Waste to approve the proposed increase in the Tire Tipping Fee by $45, from $140 to $185 per ton, effective March 2, 2016.  Find that this fee is for the purpose of recovering the recycling and operational cost associated with the Waste Tire Recycling Program.  Find that consideration and approval of the fee is statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to Public Resources Code § 21980(b)(8), and the State CEQA Guidelines (Tolls, Fares, and Charges Exemption per § 15273).  Approve the CEQA Notice of Exemption and direct the Tulare County Environmental Assessment Officer, or designee, to file the appropriate exemption with the Tulare County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 15)

 

 

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 increase to the Agricultural Commissioner’s Fiscal Year 2015/16 budget by $132,253, allowing for the complete utilization of the subvented funding approved by the California Department of Food and Agriculture for the Glassy-winged Sharpshooter Program.  Approve the necessary budget adjustments (4/5ths vote required).

County Administrative Office/General Services

7.            Direct the Auditor to draw a warrant in the amount of $500 in favor of First American Title Company for the Robert and Karen Reimer property right of way acquisition.  Direct the Auditor to draw a warrant in the amount of $500 in favor of First American Title Company for the Wawona property right of way acquisition.

8.            Approve the bid documents for the Assessor's Office Remodel Project.  Authorize the advertisement of bids for the subject project.  Set the bid opening for the project at 2:00 p.m. on Thursday, April 7, 2016.

9.            Approve an agreement for Purchase of Fee Title and a Utility and Trail Easement from Jared Smith for the Avenue 280 Road Widening Project in the amount of $39,000.  Authorize County Counsel to sign the Grant Deed and Utility and Trail 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 $41,000 in favor of First American Title Company or the County’s designated title company.

10.         Prohibit drinking alcohol on Saturday, March 5, 2016 at Mooney Grove Park.  Prohibit drinking alcohol both Easter Saturday, March 26, 2016 and Easter Sunday, March 27, 2016 at all County Parks.  Authorize the posting of signs at County Parks on the dates the alcohol ban is in effect with the following language: “Anyone exhibiting inappropriate behavior will be removed from the park.”

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.         Approve an agreement with Tulare County Superintendent of Schools, CHOICES, in the amount of $150,000 for the RESTATE Program, retroactive to September 1, 2015 through June 30, 2016. Find that the Board had authority to enter into the proposed agreement as of September 1, 2015, and that it was in the County’s best interest to enter into the agreement on that date.

14.         Approve an agreement with Stericycle, Inc. in the amount of $18,000 to provide waste management services, retroactive to January 1, 2016 through December 31, 2018. Find that the Board had 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.

Resource Management Agency

15.         Find that the bid submitted by Bush Engineering is non-responsive and rejected.  Approve and award the contract to the lowest responsive and responsible bidder, Avison Construction, Inc. from Madera, California in the amount of $705,560 for construction of various stop controlled intersections related to the Safety 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 $70,556 (10%) to cover unexpected construction conditions.

 (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 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: 1

Hold a Public Hearing to Approve Tipping Fees, approve CEQA Statutory Exemption; see Board of Supervisors Agenda March 1, 2016

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  State of California vs. California Pistachio Farm, LLC; County of Tulare; et al. 

Tulare County Superior Court Case No. 263623

 

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1 

Request to Award Contract for Construction of Various Stop Controlled Intersections Safety Improvement Project to Avison Construction, Inc.; see public agenda

ITEM E

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 F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Case name unspecified to protect service of process [and] existing settlement negotiations

ITEM G

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Michael C. Spata

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees