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

 

 

November 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.             Designate the month of November 2016 as Adoption Awareness Month in Tulare County. Support the goals and ideal of National Adoption Awareness Month, including raising public awareness of children in foster care waiting to find permanency and celebrating and honoring all families who adopt.

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 for the Avenue 280 Widening 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 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; and f) County Counsel is authorized to commence an eminent domain proceeding to acquire the Subject Property.  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 (4/5ths vote required).

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 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.

 

Board of Supervisors

5.            Ratify the Proclamation honoring Captain Rick Haskill for his dedication and service to the County of Tulare.

County Administrative Office/General Services

6.            Approve the bid documents for the Tulare County Central Yard Well Project, subject to review and approval as to form by County Counsel.  Authorize the advertisements of bids for the subject project.  Set the bid opening for the project at 2:00 p.m. on Thursday, December 8, 2016.

7.            Accept the Porterville Wellness and Recovery Center Project as a completed project.  Approve an amendment to Agreement No. 27580 with Dale Atkins Contractor to decrease the contract amount by $29,710.14 and to extend the completion date by 10 days.  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.

8.            Approve payment in the amount of $623.36 to Autoglass Central Inc. for invoice from Fiscal Year 2015/16.

Health & Human Services Agency

9.            Approve an agreement with The Regents of the University of California, on behalf of its University of California Davis Health System, to provide a Student Internship Training Program in the public service organization to commence as of the date of the last signature of the parties and shall continue through August 31, 2019.

10.         Approve an agreement with Family HealthCare Network for the Nutrition Education and Obesity Prevention Program, retroactive to October 1, 2016 through September 30, 2017 to promote increased fruit and vegetable consumption and physical activity among Supplemental Nutrition Assistance Program eligible population in an amount not to exceed $74,500. Find that the Board had authority to enter into the proposed agreement as of October 1, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

11.         Approve a Memorandum of Understanding between the Tulare County Health & Human Services Agency, Child Welfare Services Division and Aspiranet Foster Family Agency to provide services on behalf of Tulare County Child Welfare Service’s foster children through cooperation, collaboration, and sharing of appropriate information effective upon signature through June 30, 2019.

Information & Communications Technology

12.         Approve an agreement with CVIN Vast Networks to provide business ethernet service to the County Road Yard in an amount not to exceed $52,000, retroactive to October 24, 2016 through October 31, 2021.  Find that the Board had authority to enter into the proposed Agreement as of October 24, 2016, and that it was in the County’s best interest to enter into the agreement on that date.

13.         Approve the Capital Asset purchase of three (3) routers in the amount of $35,073.  Approve the necessary budget adjustments (4/5ths vote required).

Probation

14.         Approve an agreement with the County of Inyo to provide facilities and services for the detention and/or commitment of juvenile offenders, retroactive to July 1, 2016 through June 30, 2017.  Find that the Board had the authority to enter into the Agreement as of July 1, 2016, and that it was in the County’s best interest to enter into the Agreement on that date.

Resource Management Agency

15.         Approve a Developer Agreement with AAA Quality Services, regarding the conditions of approval associated with General Plan Amendment No. 13-002 and Change of Zone No. PZ 13-003, east of the City of Farmersville.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

16.         Request from the County Administrative Office to approve an amendment to Agreement No. 27554 with Allen Law Firm, Inc., and the Law Office of Marcus Torigian, to provide the following:  a) Conflict Defender Services in the amount of $195,292.47 per month for the period covering April 1, 2016 through December 31, 2016;  b) Conflict Defender Services in the amount of $199,278.03 per month for the period covering January 1, 2017 through December 31, 2018;  c) Ancillary Services in the amount of $400,000 annually for the period covering April 1, 2016 through December 31, 2018; d) Services for Special Circumstances Cases and Capital Cases in an amount not to exceed $100,000 for the period of April 1, 2016 through December 31, 2016, and $100,000 for the period of January 1, 2017 through December 31, 2018; and e) Services rendered for the Red Sol case in the amount of $500,000.  Authorize the necessary budget adjustments (4/5ths vote required).  Authorize the addition of a separate expense line to be associated with services performed in connection with the Red Sol case.  Authorize the Chairman to sign amendment upon review and approval as to form by County Counsel.  Find that the Board had authority to approve the proposed amendment retroactive to April 1, 2016, and that it was in the County’s best interest to amend the agreement 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: 1

Marroquin - Resolution of Necessity Hearing; See Board of Supervisors Agenda Item on November 1, 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

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Phillip Deal v. County of Tulare

Workers’ Compensation Appeals Board No.:  ADJ2098515

ITEM D

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  County of Tulare v. Public Employment Relations Board

California Court of Appeal, Fifth Appellate District, Case No. F071240

ITEM F

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