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

 

 

August 23, 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.

(Consent Calendar)

CONSENT CALENDAR (Numbers 3 through 34)

 

 

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

3.            Approve an agreement with the California Department of Pesticide Regulation that provides State subvention in an amount not to exceed $87,883.84 to offset the cost of complying with their Enforcement Evaluation and Improvement Program, retroactive to July 1, 2016 through February 28, 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.

Assessor/Clerk-Recorder

4.            Approve the Memorandum of Understanding with Orange County for the use of the Statewide Electronic Courier Universal Recording Environment (SECURE) Electronic Recording Delivery System for the purpose of recording official record documents electronically.  The term of this MOU shall commence upon the execution of this MOU by the Lead County and Participant and shall continue in effect for a period of five (5) years and will automatically renew for an additional five (5) year period unless terminated or extended as provided herein.  The Owners and the Participant may further extend the term by written agreement.

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

5.            Consolidate the Local Contests/Measures, with the General Election and any other election which may be held within the jurisdiction of said districts on Tuesday, November 8, 2016.  Authorize the Election Official to perform all necessary and required services to the aforementioned districts relating to the conduct of the Local Contests/Measures and General Election.  Consent to the consolidation of these elections and the procedures to be used in the conduct of the Consolidated Election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 and following of the Elections Code.  Agree that each individual district shall reimburse the County in full for the services performed in connection with these elections upon presentation of a bill from the Election Official to the District.  Agree that the Election Official will prepare a certified statement of the results of the Election and submit it to each governing body within 30 days of the election.  Agree that the elections are to be consolidated as set forth above.

Board of Supervisors

6.            Reappoint Christopher Telfer, County Member to the Measure R Citizen's Oversight Committee for a term ending June 30, 2018.

7.            Appoint Kerri Lopez, Tulare County District Attorney's Office to the Step Up Committee for a term ending September 1, 2018.

8.            Appoint Jamie London, District 1, Cheryl Spano, District 3, Jessica Guiterrez, District 4, Deborah Sanchez, District 5, Karen Bodner, At-Large Member, Hayley Tashjian, At-Large Member, Darla Kaiser, At-Large Member, Suzette DeHann, At-Large Member, Gina Rizza, At-Large Member, and BJ Motko, Partner Kennel Operator Representative to the Tulare County Animal Services Advisory Committee for terms ending January 1, 2018.

9.            Reappoint Donna Luallen, District 3 to the Fish and Wildlife Commission for a term ending September 4, 2018.

10.         Reappoint William West, Member 4 and Fergus Morrissey, Member 7 to the Flood Control District for terms ending September 1, 2020.

County Administrative Office/General Services

11.         Approve the Memorandum of Understanding with the Superior Court of Tulare County for the provision of general services for court facilities and One-Time Funding to support the Preliminary Hearing Courtroom located in the Superior Court's Pretrial facility, retroactive to July 1, 2016 through June 30, 2017.  Find that the Board had authority to enter into the proposed MOU as of July 1, 2016, and that it was in the County's best interest to enter into the MOU on that date.

12.         Approve an amendment to Agreement No. 26311 with the Board of State and Community Corrections for the South County Detention Facility to replace the Project Time Table and the Budget Classification Schedules.

13.         Approve an amendment to Agreement No. 26997 with DLR Group Inc. for the design of the South County Detention Facility to increase the amount of the agreement in an amount not to exceed $5,000 to provide additional design services for an In-Person Visitation function.

14.         Approve an agreement for Purchase of Fee Title, Permanent Utility and Trail Easement and a Temporary Construction Easement form the Tulare County Public Guardian, Successor Trustee of the Johansen Living Trust, dated April 5. 1999, for the Avenue 280 Road Widening Project in an amount not to exceed $64,000.  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 an amount not to exceed $67,000 in favor of First American Title Company or the County's designated title company.

15.         Approve an agreement with Pena's Disposal, Inc. for lease of real property located at the Visalia Landfill, 8614 Avenue 328, Visalia, CA for a term of three (3) years, retroactive to July 1, 2015.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2015, and that it was in the County's best interest to enter into the agreement on that date.

16.         Approve submitting a letter to the Board of State and Community Corrections relinquishing Senate Bill 81 funds for the Vocational Education Building project.

17.         Approve the supplemental agreement with the United States Government for the Internal Revenue Services' lease at 5300 W. Tulare Avenue, Visalia.

Health & Human Services Agency

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

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

20.         Authorize the submittal of an application in the amount not to exceed $546,478 to the Governor’s Office of Emergency Services for the Fiscal Year 2016 State Homeland Security Grant. Authorize the Chairman of the Board to sign three (3) copies of the attached Governing Body Resolution to appoint authorized agents to act on behalf of the Tulare Operational Area in securing and administering grant funds. Find that because $368,609 of Homeland Security Grant Program funds were invested in the Sheriff’s aircraft lost in February 2016, that $368,609 of the insurance proceeds from this loss are subject to the requirements of 44 C.F.R. §13.32(e) (in effect for Federal Fiscal Years 2014 and prior), pursuant to the respective Grant Assurances, and therefore must be used to procure acceptable replacement equipment or be forfeited to the U.S. Department of Homeland Security via the California Governor’s Office of Emergency Services. Authorize the Chairman to sign a letter of support regarding the proposed purchase of acceptable replacement equipment for the Sheriff’s Office.

Probation

21.         Approve an amendment to Agreement No. 26647 with the City of Visalia in an amount not to exceed $40,389 for the Non-custody Intake Program to extend the term of the agreement to June 30, 2017, retroactive to July 1, 2016.  Find that the Board had the authority to enter into the proposed amendment as of July 1, 2016, and that it was in the County's best interest to enter into the amendment on that date.

22.         Ratify and approve a Memorandum of Understanding with the Superior Court of California, County of Tulare (Court) to formalize the cooperative agreement between the parties regarding the provision of services and distribution of certain funds to support the objectives of the Recidivism Reduction Fund Court Grant Program, retroactive to July 1, 2015.  Find that the Board had authority to enter into the proposed MOU as of July 1, 2015, and that it was in the County's best interest to enter into the MOU on that date.

23.         Approve an amendment to Agreement No. 27133 with Sequoia Riverlands Trust to extend the term of the agreement to June 30, 2017, retroactive to July 1, 2016. Find that the Board had the authority to enter into the proposed amendment as of July 1, 2016, and that it was in the County's best interest to enter into the amendment on that date.

24.         Approve the funding award of $25,000 from the Community Recidivism and Crime Reduction Services Grant Program, as recommended by the Community Corrections Partnership (CCP), to Turning Point of Central California.  Authorize the re-release of the Request for Proposal for securing the services of qualified contractors to provide a Community Recidivism and Crime Reduction Services Grant Program.

Resource Management Agency

25.         Approve a Reimbursement Agreement with the State Lands Commission for staff costs incurred for the Avenue 416 Kings River Bridge Crossing, retroactive to May 20, 2016.  Find that the Board had the authority to enter into the proposed agreement as of May 20, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

26.         Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the Earlimart Neighborhood Park Project. Authorize the Chairman of the Board of Supervisors to sign the Plans. Approve the advertisement for bids of the Earlimart Neighborhood Park. Reaffirm the findings in the Negative Declaration that was completed under the California Environmental Quality Act (CEQA) on January 29, 2013.

27.         Accept the work for the construction of Ledbetter Park Improvement Project as complete by JT2, Inc. dba Todd Companies of Fresno, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

28.         Accept the work for the construction of Terra Bella Sidewalk Improvement Project as complete by Hobbs Construction, Inc. of Fresno, California.  Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

29.         Accept the work for the construction of the Tooleville Sidewalk Improvement Project as complete by MAC General Engineering, Inc. of Porterville, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

30.         Accept the work for the construction of Road 108 Street Improvement Project as complete by MAC General Engineering, Inc. of Porterville, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

31.         Approve an agreement with Quincy Engineering, Inc. in an amount not to exceed $393,791.02 to provide professional engineering consulting services for the Road 204 over Wutchumna Ditch Bridge Project for the period of August 23, 2016 through June 30, 2022.

32.         Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that the proposed activity will have a significant effect on the environment and determine that the Categorical Exemption is consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and has been completed in compliance with the California  Environmental Quality Act of 1970. Direct the Environmental Assessment Officer, or designee, of the Tulare County Resource Management Agency to file a Notice of Exemption with the Tulare County Clerk. Approve the designation of a One-Way STOP controlled intersection on Eagle Street (Local Road 73C) and Avenue 310. Approve the designation of a One-Way STOP controlled intersection on Wolf Street (Local Road 74A) and Avenue 310. Approve the designation of a One-Way STOP controlled intersection on Jackrabbit Street (Local Road 74C) and Avenue 310. Approve the designation of a One-Way STOP controlled intersection on Eagle Street (Local Road 73D) and Avenue 308. Approve the designation of a Two-Way STOP controlled intersection on Avenue 306 and Road 72. Authorize the installation of a STOP sign on Eagle Street (Local Road 73C) at Avenue 310, on Wolf Street (Local Road 74A) at Avenue 310, on Jackrabbit Street (Local Road 74C) at Avenue 310, on Eagle Street (Local Road 73D) at Avenue 308, and two STOP signs on Avenue 306 at Road 72 in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and section 22450(c) of the California Vehicle Code (CVC).

33.         FOR INFORMATION ONLY:  Bid opening results for the Sontag Ditch Improvements Project.

Contractor                                                    Bid Amount

JT2 Inc. DBA Todd Companies                  $82,749.98

Haydon Construction, Inc.                          $99,435.00

Bill Nelson GEC, Inc.                                 $153,030.00

 

Engineer’s Estimate                                   $56,370.00

 

34.         FOR INFORMATION ONLY:  Bid opening results for Construction of the 2016 Community Transportation Infrastructure Program - Phase 1.

Contractor                                                    Bid Amount

MAC General Engineering, Inc.           $1,100,314.49

JT Todd Companies                                $1,443,869.27

Dawson-Mauldin Construction            $1,438,927.20

Lee’s Paving, Inc.                                    $1,785,752.60

 

Engineer’s Estimate                              $1,621,225.00

 

 

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

35.         Request from Health and Human Services Agency to approve an amendment to Agreement No. 27346 with California Department of Public Health for the Women, Infants, and Children (WIC) Program in an amount not to exceed $20,771,014, retroactive to October 1, 2015 through September 30, 2019.  Find that the Board had the authority to enter into the proposed amendment as of October 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.  Approve the necessary budget adjustments (4/5ths vote required).  Approve the Personnel Resolution to add the following allocation: Women, Infants, and Children Program – 1.0 FTE – Health Education Specialist.

36.         Request from the County Administrative Office to approve a Joint Powers Agreement with Kaweah Delta Water Conservation District, Kings County Water District, Lakeside Irrigation Water District, and St. John’s Water District to form the Greater Kaweah Groundwater Sustainability Agency.  Appoint two Board of Supervisor members to serve as Director and Alternate Director on the JPA Board.

37.         Presentation given by the Resource Management Agency on the 2016 Chipseal Maintenance Program. Authorize the Resource Management Agency Public Works Branch to implement the 2016 Chipseal Maintenance Program.

38.         Presentation given by the Resource Management Agency on the Tulare County Bridge Improvement Program. Approve Submittal of Programming Request for 22 new bridge projects.

39.         Presentation given by the County Administrative Office regarding the projects completed in Fiscal Year 2015/2016 and the proposed Five Year Capital Improvements Plan for Fiscal years 2016/2017 through 2020/2021.  Approve the Five Year Capital Improvement Plan for Fiscal Year 2016/2017 through 2020/2021.

 (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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

(Government Code Section 54957)

FOR THE POSITION OF:  County Counsel

ITEM C

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Michael C. Spata

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees