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 AND

THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

August 30, 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.             Presentation given by the Agricultural Commissioner/Sealer of the 2015 Tulare County Agricultural Crop and Livestock Report.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare, and resolve as follows:  a) The Project is consistent with the environmental documents adopted for this project and is in conformance with the California Environmental Quality Act (CEQA); b) The public interest and necessity require the Project; c) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; d) The property is necessary for the Project; e) The offer required by Section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code Section 7267.2(a); and f) County Counsel is authorized to file a legal action against the property owner.  This acquisition of property by Eminent Domain is for the Avenue 280 Widening Project, pursuant to Code of Civil Procedure Section 1245.330; Gurtej Dhillon MD Defined Benefit, Pension Plan and Trust (2/3rds vote required). 

5.            PUBLIC HEARING:  Request from the Resource Management Agency to adopt, find, determine, declare, and resolve as follows:  a) The project is consistent with the environmental documents adopted for this project and is in conformance with the California Environmental Quality Act (CEQA); b) The public interest and necessity require the Project; c) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; d) The property is necessary for the Project; e) The offer required by Section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code Section 7267.2(a); and f) County Counsel is authorized to file legal action against the property owner.  This acquisition of property by Eminent Domain is for the Avenue 280 Widening Project, pursuant to Code of Civil Procedure Section 1245.330; Gilbert and Enedina Marroquin (2/3rds vote required).

6.            PUBLIC HEARING:  Request from Resource Management Agency to adopt, find, determine, declare, and resolve as follows:  a) The Project is consistent with the environmental documents adopted for this project and is in conformance with the California Environmental Quality Act (CEQA); b) The public interest and necessity require the Project; c) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; d) The property described in the attached Appendix A made a part hereof is necessary for the Project; e) The offer required by Section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code Section 7267.2(a); and f) County Counsel is authorized to file a legal action against the property. This acquisition of property by Eminent Domain is for the Avenue 280 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Jasdeep and Hardish Waraich (2/3rds vote required).

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 through 32)

 

 

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

7.            Approve sending a letter of support for SB 1188 (McGuire), wildlife management areas and payment of taxes and assessments.

8.            Appoint Daryn Davis, Community Advocate to the Step up Committee for a term ending September 1, 2017.

9.            Appoint Frank Furtaw, District 2 to the Tulare County Animal Services Advisory Committee for a term ending January 1, 2018.

10.         Reappoint Lance Morris, District 2 to the Assessment Appeals Board for a term ending September 2, 2019.

11.         Reappoint Daniel Vink, Member 6 and Douglas Jackson, Member 5 to the Flood Control District for terms ending September 1, 2020.

12.         Reappoint Richard Jones, District 1 and Jeffrey Nelson, District 2 to the Fish and Wildlife Commission for terms ending September 4, 2018.

County Administrative Office/General Services

13.         Approve an agreement with DLR Group, Inc. to provide design services for the Sequoia Field Programming Facility in an amount not to exceed $2,690,000.  Authorize the Chairman to sign the agreement upon receipt of certificates of insurance and contract, subject to review and approval as to form by County Counsel.

14.         Accept the London Library Project as a completed project.  Approve an amendment to Agreement No. 27520 with Todd Companies, Inc. to decrease the contract amount by $1,090.35.  Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion and agreement amendment, subject to review and approval as to form by County Counsel.  Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the project with the office of the Tulare County Recorder.

15.         Accept the Balch Park Restroom Project as a completed project.  Approve an amendment to Agreement No. 27251 with Webb & Son to increase the contract amount by $1,110.00.  Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion and agreement amendment, subject to review and approval as to form by County Counsel.  Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the project with the office of the Tulare County Recorder.

16.         Approve an agreement with Rise Church for Purchase of Fee Title and a Permanent Utility Easement for the Avenue 280 Road Widening Project in the amount of $31,000.  Authorize County Counsel to sign the Grant Deed and Permanent Utility 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 $33,500 in favor of First American Title Company or the County’s designated title company.

17.         Approve an agreement with Daniel A. Watrous and Valerie A. Watrous for Purchase of Fee Title, Temporary Construction Easement, and a Permanent Utility Easement for the Avenue 280 Road Widening Project in the amount of $120,000.  Authorize County Counsel to sign the Grant Deed, Permanent Utility Easement, 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 $123,500 in favor of First American Title Company or the County’s designated title company.

Fire Department

18.         Approve an agreement with the City of Farmersville for Cooperative Fire Protection, retroactive to July 1, 2016 through July 1, 2017.  Find that the Board had the 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.

Health & Human Services Agency

19.         Approve an amendment to Agreement No. 26335 with Kaweah Delta Foundation for the Nutrition Education and Obesity Prevention Program to add Exhibit A Supplemental Federal Fiscal Year 2016 (Supplemental Nutrition Assistance Program Education Work Plan), replace Exhibit B and increase the amount not to exceed $211,000, and to add Exhibit B-1 Supplemental Federal Fiscal Year 2016 to the budget justification, retroactive to October 1, 2015 through September 30, 2016. 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.

20.         Approve an agreement with the California State Department of Health Care Services for the annual performance contract for mental health services, 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.

Information & Communications Technology

21.         Approve the renewal of licenses and maintenance with Dimension Data in an amount not to exceed $160,397.85 for Cisco Smartnet for Tulare County Health & Human Services Agency, TulareWORKS Division, effective September 1, 2016 through August 31, 2017.

22.         Approve the renewal of licenses and maintenance with Dimension Data in an amount not to exceed $223,491.72 for Cisco Smartnet for the period of September 1, 2016 through August 31, 2017.

23.         Approve the renewal of licenses and maintenance with Dimension Data in an amount not to exceed $120,925.68 for Cisco Smartnet for Tulare County Health and Human Services Agency for the period of September 1, 2016 through August 31, 2017.

24.         Approve the necessary budget adjustment in the amount of $23,000 to cover the cost of completing the Motorola Simulcast Project (4/5ths vote required).

Resource Management Agency

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

26.         Approve an agreement with the Tulare County Association of Governments in an amount not to exceed $44,619 for the Preliminary Engineering phase for the D112 Bates Slough Bridge Project.

27.         Find that a mistake was made during the preparation of the bid from MAC General Engineering. Relieve MAC General Engineering of their bid. Approve and award the contract to the lowest responsive and responsible bidder, JT2, Inc. DBA Todd Companies from Visalia California, in the amount of $1,433,895.85 for construction of 2016 Community Transportation Infrastructure Program – Phase 1. Authorize the Chairman to sign the contract after 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 $84,200 to cover unexpected construction conditions. Authorize the Resource Management Agency Director, or his designee, to approve change orders up to the amount of $84,200.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

28.         Approve and award the contract to the lowest responsive and responsible bidder, JT2 Inc. DBA Todd Companies, in an amount of $82,759.88 for construction of Sontag Ditch Improvements Project. Authorize the Chairman to sign the contract after 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 $8,275.99 (10%) to cover unexpected construction conditions. Authorize the Resource Management Agency Director, or his designee, to approve change orders up to the amount of $8,275.99.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

Sheriff/Coroner

29.         Approve the purchase order for capital assets and minor equipment in an amount not to exceed $580,211 for Fiscal Year 2016/2017. 

30.         Approve a Memorandum of Understanding with California State Sheriff's Association for the implementation of the Victim Information Notification Everyday Program, effective upon signature of both parties and remaining in effect for the term of the contract between California State Sheriff's Association and Appriss (System Supplier) or superseded by a subsequent agreement.

31.         Ratify and approve an amendment to Agreement No. 27484 with the Board of State and Community Corrections in the amount of $800,940 to operate the Sheriff’s Closing the Circle to Reduce Crime and Delinquency Program, retroactive to March 1, 2015, through December 31, 2016.  Find that the Board had the authority to enter into the proposed amendment as of March 1, 2015, and that it was in the County’s best interest to enter into the amendment on that date.  Ratify the Chairman's signature on the Amendment Agreement.  Approve the necessary budget adjustments from the Sheriff’s Office and the Public Defender’s Office (4/5ths vote required).

32.         Approve an agreement with the United States Department of Justice, Drug Enforcement Administration for participation in the Drug Enforcement Administration Group 2 Task Force, for the period of October 1, 2016 through September 30, 2017.  Authorize the Sheriff or his designee to sign four copies of OJP Form 4061/6.  Authorize the Sheriff, or his designee, to sign the Agreement.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

33.         Request from the Auditor-Controller to approve the rate of taxation of the State and County for Fiscal Year 2016/17 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assessed valuation (Article XIII California Constitution).  Approve the tax rates as shown on Schedule A. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the unitary and operating non-unitary property of the County of Tulare, State of California, as computed pursuant to the provision of law (Revenue and Taxation Code Section 100).  Approve the tax rates as shown on Schedule B.  Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount to pay the principal and interest on the bonds and for special purposes for said school districts. Revenue and Taxation Code Section 93.  Approve the Special District Tax Rates. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the various districts included on the schedule of Special Districts (Revenue and Taxation Code Section 93).  Approve and accept the Statement of Valuation of the Property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector (Auditor) and filed with this Board [Government Code 25254(a)].

34.         Request from Human Resources & Development to authorize advances up to $600,000 from the General Fund for periods not to exceed ten calendar days to pay Health Insurance Premiums to the San Joaquin Valley Insurance Authority.

35.         Request from the County Administrative Office to authorize the submittal of a disbursement request in the amount of $3,500,000 from the Tulare County Millennium Fund Program pursuant to Tulare County Public Financing Authority Agreement No. PFA-03.  Authorize the County Administrative Officer to sign the disbursement request letter on behalf of Tulare County.

36.         Presentation given by the County Administrative Office regarding the proposed Tulare County Property & Evidence Improvement Project.  Provide direction to staff to proceed with developing project engineering and design plans, specifications, and estimates.  Establish an Ad Hoc Project Review Committee and appoint two members 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

Award Contract for Construction of 2016 Community Transportation Infrastructure Program - Request to review and reward to lowest bidder; See Board of Supervisors Public Agenda on August 30, 2016

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Dhillon- Resolution of Necessity Hearing; See Board of Supervisors Agenda Item on August 30, 2016

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Marroquin- Resolution of Necessity Hearing; See Board of Supervisors Agenda Item on August 30, 2016

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Wariach- Resolution of Necessity Hearing; See Board of Supervisors Agenda Item on August 30, 2016

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  Three adjacent farm parcels at and adjacent to the Northeast Corner of Avenue 280 and Road 192: 

APN 119-230-004, No Site Address, Visalia CA

APN 119-230-005, No Site Address, Visalia, CA

APN 119-230-006, 6440 W. Caldwell, Visalia, CA

Agency Negotiators:  Michael Spata and Robert Newby

Negotiating Parties:  Gurtez Dhillon MD Defined Benefit Pension Plan and Trust

Under Negotiation:  Price & Terms of Payment

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APN 119-110-012, Southwest Corner of Avenue 280 and Road 92 (Shirk), Visalia, CA

Agency Negotiators:  Michael Spata and Robert Newby

Negotiating Parties:  Gilbert Marroquin and Ededina Marroquin

Under Negotiation:  Price & Terms of Payment

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  3642 South Shirk, Visalia, CA; APN 119-100-020; Southeast Corner of Avenue 280 and road 92 (Shirk)

Agency Negotiators:  Michael Spata and Robert Newby

Negotiating Parties:  Jasdeep Waraich and Hardish Waraich

Under Negotiation:  Price & Terms of Payment

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  APN 119-690-050, No Site Address; Northwest Corner of Avenue 280 and Aspen Street, Visalia CA

Agency Negotiators:  Michael Spata and Robert Newby

Negotiating Parties:  James W. Robinson and Selina A. Robinson

Under Negotiation:  Price & Terms of Payment

ITEM I

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Lorina Gonzalez v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ1334299

ITEM J

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Karen Villareal v. County of Tulare

Workers’ Compensation Appeals Board No.: FRE0193098, FRE0193099

ITEM K

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

(Government Code Section 54957)

FOR THE POSITION OF: Board Representative

ITEM L

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