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

 

 

December 13, 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 Supervisor matters.

2.             Presentation of 2016 Movember participants and challenge winners.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING:   Request from the Fire Department for Fire Hazard Abatement Cost Recovery. Confirm the accounting as modified.  Order that the costs as confirmed be recorded in the office of the Tulare County Recorder.  Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County Tax Roll as special assessments against the respective parcels of land.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 35)

 

 

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.

 

Assessor/Clerk-Recorder

5.            Authorize payment to Blinds Etc. in an amount not to exceed $1,206.99 to install blinds, retroactive to July 19, 2016 through September 1, 2016 as part of the Assessor remodel.

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

6.            Authorize the Tax Collector to offer for Sale by Agreement parcel 050-163-004-000 between March 1, 2017 through April 30, 2017 the tax defaulted property listed, subject to the Power to Sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

7.            Authorize the Tax Collector to offer for Sale by Agreement parcel 050-053-006-000, 050-053-007-000 and 050-053-008-000 between March 1, 2017 through April 30, 2017 the tax defaulted property listed, subject to the Power to Sell pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code.

Board of Supervisors

8.            Appointment in Lieu of Election for a term ending December 4, 2020:

Tea Pot Dome Water District

Tim Peltzer – Director

Daniel M. Galbraith - Director

9.            Appoint Charlie Norman, County Representative - Alternate to the Indian Gaming Local Community Benefit Committee for a term ending January 1, 2021.

10.         Reappoint Gary Reed, Member 5 to the Employees' Retirement Board for a term ending December 31, 2019.

11.         Reappoint Robert Uchita, Trustee, Charlie Pitigliano, Trustee and Robert Clark, Trustee to the Tulare Mosquito Abatement District for terms ending December 31, 2018.

12.         Reappoint Marc Lippincott, Public Member to the Tulare County Treasury Oversight Committee for a term ending December 17, 2019.

13.         Reappoint Dr. David D. Wood, Seat 5 to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2020.

14.         Reappoint Edward W. Dias, At-Large Member to the Planning Commission for a term ending December 31, 2020.

15.         Approve the List of Appointive Offices on Regulatory Commissions and Advisory Boards, Commissions and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2017 for compliance with the Maddy Act and authorize posting.

County Administrative Office/General Services

16.         Approve an amendment to Agreement No. 20555 with Richard and Andrea Ellison and Michael E. and Peggy J. Thurlow, Trustees of the Michael E. Thurlow and Peggy J. Thurlow Revocable Trust for property located at 324 Tulare Street, Suite 102, Dinuba, to complete certain upgrades and to renew the lease for three (3) years, commencing upon Board approval.

17.         Approve the purchase of property at 1223 S. Lovers Lane in the City of Visalia whose Assessor’s Parcel Numbers are 100-190-066 and 100-190-067 for a price of $1,200,000.  Authorize the Chairman to sign the Real Estate Purchase and Sale Agreement.  Direct the County Environmental Assessment Officer, or his designee, to file a Notice of Exemption with the Clerk Recorder.  Authorize the County Administrative Officer, or his designee, to execute all additional documents to complete this purchase of real property.  Authorize County Counsel to sign the Grant Deed acceptance upon presentation.  Direct the Auditor to issue a warrant to First American Title Company upon request made by the County Administrative Officer, or his designee, as provided for in the Real Estate Purchase and Sale Agreement for the purchase price and escrow costs.

District Attorney

18.         Ratify and approve the Grant Award Agreement for acceptance of grant funding from the Insurance Commissioner of the State of California for the Workers’ Compensation Insurance Fraud Prosecution Program in an amount not to exceed $501,165, retroactive to July 1, 2016 through June 30, 2017, and recognize an additional $6,561 in carry over funds from Fiscal Year 2015/2016, for a total of $507,726.  Ratify and approve the District Attorney’s signature on the Agreement.  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.  Approve the necessary budget adjustments (4/5ths vote required).  Direct the Board Clerk to prepare a certified copy of the resolution for the District Attorney’s Office.

Fire Department

19.         Approve a capital asset purchase of one (1) 2016 Ford F550 Heavy Duty Truck in an amount not to exceed $92,000.  Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

20.         Reaffirm the Proclamation of a local emergency due to drought in Tulare County Resolution No. 2014-0090.

21.         Reaffirm the Proclamation of a local emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

22.         Approve an amendment to Agreement No. 26819 with the California Department of Public Health, Emergency Preparedness Office to allocate unspent funding from Fiscal Year 2015/2016 to Fiscal Year 2016/2017, and adjust the total allocations in the contract in an amount not to exceed $2,842,036, retroactive to July 1, 2014 through June 30, 2017.  Find that the Board had authority to enter into the proposed amendment as of July 1, 2014 and that it was in the County’s best interest to enter into the amendment on that date.  Approve the purchase of a Labconco Purifier Class I Biosafety Cabinet in an amount not to exceed $5,500.  Approve the purchase of an Eppendorf Model 5810R centrifuge and adapters in an amount not to exceed $12,900.  Approve the purchase of a Labconco Basic 70 Laboratory Fume Hood in an amount not to exceed $6,500.  Approve the necessary budget adjustments (4/5ths vote required).

23.         Approve an agreement with Kings View Corporation for the provision of Porterville Wellness and Recovery Center in an amount not to exceed $969,408, effective January 1, 2017 through June 30, 2018.

24.         Approve an agreement with Valley Hospitalist Medical Group, Inc. to provide hospital physician on-call coverage in an amount not to exceed $550,000, retroactive to November 1, 2016 through June 30, 2018.  Find that the Board had authority to enter into the proposed agreement as of November 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

Information & Communications Technology

25.         Approve the purchase of 150 professional service hours from ADP, LLC in an amount not to exceed $22,500.  Authorize the Director of Tulare County Information & Communications Technology to sign four copies of the letter of engagement.  Approve additional training, transportation, travel and other costs in an amount not to exceed $34,000.  Approve the purchase of Oracle data migration and data security from Mythics in an amount not to exceed $105,027.  Approve the purchase of server licenses and maintenance from Development Group, Inc. in an amount not to exceed $13,945.  Approve the capital asset purchase of two servers from DGI in an amount not to exceed $35,321.  Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

26.         Approve the Reimbursement Agreement with the City of Tulare to conduct a wastewater capacity study on behalf of Tulare County for the Matheny Tract Wastewater Collection, Treatment & Disposal Project.

27.         Affirm the finding that the County received less than one-half of the foregone property tax revenue pursuant to Government Code Sections 16142(e) and 16142.1(d) for Fiscal Year 2015/2016. Affirm implementation of Assembly Bill 1265 pursuant to Government Code Sections 51244(b) and Section 51244.3 for a reduction of property tax benefits by ten percent, and also pursuant to Government Code Section 51244(b) a related reduction of the term of the contracts to nine years (eighteen years for Farmland Security Zone contracts).

28.         Approve the Fiscal Year 2016/2017 Williamson Act Subvention Application Report.

29.         Approve and award the contract to the lowest responsive and responsible bidder, American Civil Contractors West Coast LLC from Benicia, California in an amount not to exceed $1,166,000 for construction of Fifty-Seven (57) Intersections 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 $70,800 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or his designee, to approve change order up to the amount of $70,800.

30.         Approve and award the contract to the lowest responsive and responsible bidder, Madco Electric Inc. from Selma, California, in an amount not to exceed $398,131 for construction of the Avenue 196 and Orange Belt Drive Signal Actuation 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 $32,406 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or his designee, to approve change orders up to the amount of $32,406.

31.         Adopt revisions and additions to the Tulare County Improvement Standards incorporating Standard Plates as follows: Revise Standard Plate No. A-16 - Curb Return Details; Revise Standard Plate No. A-17 - Driveway Details; and Revise Standard Plate No. A-18 - Driveway Approach.

Sheriff/Coroner

32.         Approve an amendment to Agreement No. 27022 with the Board of State and Community Corrections under the State Edward Byrne Memorial Justice Assistance to operate the 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 agreement on that date.

33.         Approve an amendment to Agreement Nos. 26220, 26221, and 26222 with the Alpaugh Unified School District, the Earlimart School District, and the Pixley Union School District to provide a School Resource Officer to rotate between these districts in an amount not to exceed $24,085 for each agreement, retroactive to July 1, 2016, through June 30, 2017.  Find that the Board had authority to enter into the proposed amendments as of July 1, 2016, and that it was in the County’s best interest to enter into the amendments on that date.

34.         Approve the necessary budget adjustment be made to Fiscal Year 2016/2017 operating budget in an amount not to exceed $165,132, to increase the revenue and expenditures for court security AB 1058 Child Support Commissioner Grant Program (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

35.         Request from County Administration Office to approve proposed amendments be made to the Tulare County Strategic Business Plan and Strategic Management System 2016-2020.

36.         Presentation to approve the extension of the Arts Consortium’s designation as the Official Arts Council of Tulare County, retroactive to January 1, 2017 through December 31, 2017.  Find that the Board had authority to extend the designation as of January 1, 2017, and that is was in the County’s best interest to approve the designation on that date.

 (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: 8

Public Hearing to confirm the accounting for Fire Hazard Abatement Cost Recovery, recording the costs, and placing the costs on the County tax roll as special assessments against the respective parcels of land; see Board Of Supervisors Agenda December 13, 2016.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 12

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM D

 CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Wayne Davis v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ4524266, ADJ1875621, ADJ1359363, ADJ4574012, ADJ4195849

ITEM F

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT 

(Government Code Section 54957)

Consideration and Possible Appointment for the Position of:  Health and Human Services Agency Director

ITEM G

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT 

(Government Code Section 54957)

Consideration and Possible Appointment for the Position of:  County Counsel

ITEM H

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