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

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY FLOOD CONTROL DISTRICT, AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

July 19, 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.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.            PUBLIC HEARING:   Request from Resource Management Agency to deny the appeal filed by Dinuba Citizens for Responsible Planning, San Joaquin Valley Environmental Defense Center, Roger Wazdatskey, and Attorney Richard Harriman and hereby affirm the Planning Commission's approval of Final Site Plan No. PSR 14-005 for the installation of a hard-car unloader, commodities barn and associated rail spur at an existing Freight Forwarding Terminal (Richard Best Transfer).

4.            PUBLIC HEARING:   Request from Resource Management Agency to approve placement of delinquent water and sewer service fees, delinquent penalties, and Auditor’s collection charges for County Service Areas No. 1 and No. 2 on the 2016/2017 tax roll.

5.            PUBLIC HEARING:   Request from Resource Management Agency to approve placement of delinquent water and sewer service fees, delinquent penalties, and Auditor’s collection charges for the Seville Water Company on the 2016/2017 tax roll.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

6.            PUBLIC HEARING:   Request from Resource Management Agency to approve placement of delinquent sewer service fees, delinquent penalties, and Auditor's collection charges for the Terra Bella Sewer Maintenance District on the 2016/2017 tax roll.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 through 38)

 

 

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

7.            Approve an amendment to Agreement No. 25087 with System Innovators for software license, maintenance and support, effective October 1, 2016 through September 30, 2021.

8.            Review and accept the Certified Statement of Vote as submitted by the Registrar of Voters for those offices/measures for which the Board of Supervisors is canvassing the returns of the Election.

Board of Supervisors

9.            Ratify the proclamation honoring the Class of 2016 as the last graduating class of the Tulare Union Redskins.

10.         Appoint Spencer N. Paschall, Private Financial Operation to the Financial Advisory Committee for a term ending June 30, 2019.

11.         Appoint Judy A. Silicato, District 2 - Regular Commissioner to the Housing Authority for a term ending December 18, 2016.

12.         Reappoint Harvey Bailey, Director to the Tulare County Pest Control District for a term ending April 23, 2020.

13.         Approve sending a letter of opposition for AB 2835 (Cooper), orientation and informational programs.

County Administrative Office/General Services

14.         Approve an amendment to Agreement No. 27580 with Dale Atkins Contractor to increase the agreement amount of $94,798.48 from $313,000 to $407,798.48.  Increase the contract time by thirty one (31) working days.

15.         Approve the bid documents for the Cutler Park Well Replacement Project subject to review and approval as to form by County Counsel.  Authorize the advertisement of bids for the subject project.  Set the bid opening for the project at 2:00 p.m. on Thursday, August 11, 2016.

16.         Approve an amendment to Agreement No. 27480 with Jeffrey and Linda Warkentin, for cost to cure damages within the Temporary Construction Easement for the Avenue 416 Road Widening Project in an amount not to exceed $650.  Direct the Auditor to draw a warrant in the amount of $650 in favor of Jeffrey and Linda Warkentin.

17.         Approve an agreement for Purchase of Fee Title, Permanent Utility Easement and a Temporary Construction Easement from Singh Saran and Inderjit Kaur Saran, Trustees and Malli Enterprises, LLC for the Avenue 280 Road Widening Project in an amount not to exceed $111,000.  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 $114,000 in favor of First American Title Company or the County's designated title company.

Fire Department

18.         Approve the necessary budget adjustments for reimbursement revenue throughout the year for Strike-Team or other fire suppression assistance (4/5ths vote required).  Authorize the Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County Administrative Officer (4/5ths vote required).

19.         Approve the necessary budget adjustments for the capital asset purchase of various specialized equipment and vehicles approved in Fiscal Year 2015/2016 which will not be received until Fiscal Year 2016/2017 (4/5ths vote required).

Health & Human Services Agency

20.         Approve an agreement with Fox Interpreting, Inc. in an amount not to exceed $209,700 ($69,900 per year) for the provision of interpreting services, retroactive to July 1, 2016 through June 30, 2019. Find that the Board had authority to enter into the proposed agreement as of July 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

21.         Approve an agreement with Imperial Locum Services, APC in an amount not to exceed $600,000 for the provision of adult, adolescent, and child psychiatric services in Tulare County Mental Health Clinics, retroactive to July 1, 2016 through June 30, 2017. Find that the Board had authority to enter into the proposed agreement as of July 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

22.         Approve an agreement with Victor Treatment Centers, Inc. in an amount not to exceed $110,000 for the provision of intensive mental health services to Tulare County minors, retroactive to July 1, 2016 through June 30, 2017. Find that the Board had authority to enter into the proposed agreement as of July 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

23.         Approve a Memorandum of Understanding with the California Ventura Automated Collection System Association in an amount not to exceed $13,713 for Tulare County’s participation in the fourteen-county consortium, retroactive to July 1, 2016 through June 30, 2017. Find that the Board had authority to enter into this Memorandum of Understanding as of July 1, 2016, and that it was in the County’s best interest to enter into the Memorandum of Understanding on that date.

24.         Ratify and approve an Application Certification for funds signed by the Chairman on June 20, 2016 with the CalRecycle Used Oil Payment Program for the purpose of supporting the Household Hazardous Waste Used Oil Collection and Disposal Program, retroactive to July 1, 2016 through June 30, 2018. Find that the Board had authority to submit the Application Certification, signed by the Chairman on June 20, 2016, and that it was in the County's best interest to submit the Application Certification on that date. Authorize the Chairman of the Board or designee to sign and electronically submit documents, including but not limited to applications, agreements, amendments, and requests for payment necessary to secure funds and implement the approved project.

25.         Approve an agreement with the California Department of Public Health and accept the award for funding from the California Department of Public Health in an amount not to exceed $3,328,638 for the Nutrition Education and Obesity Prevention Program, effective October 1, 2016 through September 30, 2019.

Information & Communications Technology

26.         Approve an amendment to Agreement No. 18367 with CA, Inc. in an amount not to exceed $82,351.86 to extend mainframe license and maintenance, retroactive to June 30, 2016 through June 29, 2019.  Find that the Board had the authority to enter into the proposed amendment to agreement no. 18367 as of June 30, 2016, and that it was in the County's best interest to enter into the amendment to agreement no. 18367 on that day.

Probation

27.         Approve an agreement with the City of Dinuba in an amount not to exceed $12,133 for the Non-custody Intake Program, retroactive to July 1, 2016 through June 30, 2017.  Find that the Board had the authority to enter into the proposed agreement as of July 1, 2016, and that is was in the County's best interest to enter into the agreement on that date.

28.         Approve an amendment to Agreement No. 27349 with the City of Lindsay in an amount not to exceed $8,021 to extend the term of the agreement to June 30, 2017 for the Non-custody Intake Program.  Find that the Board had the authority to enter into the proposed amendment to agreement no. 27349 as of July 1, 2016, and that it was in the County's best interest to enter into the amendment to agreement no. 27349 on that day.

Resource Management Agency

29.         Approve an agreement with Alta Irrigation District for facility relocation as part of the Avenue 416 Widening Project.  Approve the Joint Escrow Instructions with Alta Irrigation District.  Authorize the Chairman to sign the letter to Fresno Escrow Corporation containing the Joint Escrow instructions.  Approve the deposit of $365,838 plus escrow fees into an escrow account at Fresno Escrow Corporation under the terms of the Pipeline Development Agreement and Joint Escrow Instructions.

30.         Approve an agreement with Alta Irrigation District for D39 Traver Canal Bridge on Road D39 and spans the Traver Canal, where Road 39 intersects Avenue 368, just north of the community of Traver.

31.         Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for the 2016 Community Transportation Infrastructure Program – Phase 1 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 2016 Community Transportation Infrastructure Program - Phase 1 Project.  Approve the advertisement for bids of the 2016 Community Transportation Infrastructure Program - Phase 1 Project.

32.         Approve the General Plan Initiation No. GPI 16-001 to authorize General Plan Amendments to update the Safety Element of the General Plan.

33.         Introduce and waive the first reading of an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 16-003 to change the zone on approximately 4.92 acres from AE-40 (Exclusive Agriculture – 40 acre minimum) to R-A-43 (Rural Residential – 1 acre minimum), north of Exeter. Set the Public Hearing for August 9, 2016 at 9:30 a.m. or shortly thereafter as can be heard.

34.         Adopt the amended local Participation Guidelines for the Lateral Connections Program.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

35.         Approve the agreement with Alta Irrigation District for the Sontag Ditch Improvements Project.

36.         Reaffirm the Environmental Impact Report prepared to the California Environmental Quality Act and the State CEQA Guidelines [General Rule Exemption per Section 15061(b)(3)] adopted by the Board of Supervisors on November 4, 2014.  Approve the Plans, Specifications, and Contract (Bid Documents) for the construction of the Sontag Ditch Improvements Project.  Approve the advertisement for bids of the Sontag Ditch Improvements Project.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

37.         Approve a capital asset purchase for Northpointe Inmate Classification Software in an amount not to exceed $122,000.  Authorize the Purchasing Agent to waive the formal bidding process and make the sole-source purchase.  Authorize the necessary budget adjustments (4/5ths vote required).

Workforce Investment Board

38.         Approve the revised job specifications for Workforce Development Program Coordinator and Workforce Development Analyst.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

39.         Request from the Board of Supervisors' staff to consider, modify as needed and approve the responses to the 2015/2016 Tulare County Grand Jury Final Report entitled: "Smoke But No Fire Tulare County Fire Department".

40.         Receive a presentation from the Resource Management Agency and give guidance on extra territorial agreement with the Plainview Water Mutual and the City of Lindsay to allow the City to provide sewer service to the residents of Plainview with a monthly sewer fee, creation of a Plainview Zone of Benefit within existing Tulare County Service Area #1, creation of a Community Service District for Plainview and Plainview Mutual could expand its service to include sewer.

41.         Request from Human Resources and Development Department to adopt a resolution authorizing the advance of cash up to the amount of $2,000,000 from the County General Fund to the San Joaquin Valley Insurance Authority until December 31, 2016 as needed, and to be repaid by the San Joaquin Valley Insurance Authority no later than December 30, 2017.  Authorize the County Administrative Officer, upon approval by the San Joaquin Valley Insurance Authority, to draw upon the line of credit as set forth in the terms of the agreement.

 (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

Appeal by Dinuba Citizens for Responsible Planning; San Joaquin Valley Environmental Defense Center; and Roger Wazdatskey of Final Site Plan No. PSR 14-005 for Richard Best Transfer. See open session agenda for related item.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 105

Public hearing to consider placement of delinquent water and sewer service fees, delinquent penalties, and Auditor’s collection charges for County Service Areas No. 1 and No. 2 on the 2016/2017 tax roll; place said fees, penalties, and charges on the roll; See Board of Supervisors agenda for July 19, 2016.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 18

Public hearing to consider placement of delinquent water service fees, delinquent penalties, and Auditor’s collection charges for the Seville Water Company on the 2016/2017 tax roll; place said fees, penalties, and charges on the roll; See Board of Supervisors agenda for July 19, 2016.

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 46

Public hearing to consider placement of delinquent sewer service fees, delinquent penalties, and Auditor’s collection charges for the Terra Bella Sewer Maintenance District on the 2016/2017 tax roll; place said fees, penalties, and charges on the roll; See Board of Supervisors agenda for July 19, 2016.

ITEM E

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 10

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Freitas, Rikki, Angel Wirth, Raegan Wirth, by and through her Guardian ad Litem, Rikki Freitas v. County of Tulare, et al. Tulare County Superior Court Case No.VCU264450

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Lopez vs. County of Tulare, 

Tulare County Superior Court Case No. VCU263138

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  County of Tulare v. Public Employee Relation Board, 

5th District Court of Appeal, Case No. F071240 (PERB1)

ITEM I

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 2

ITEM J

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Michael C. Spata

Employee Organization: All Certified Employee Organization

Unrepresented Employees: All Unrepresented Employees