MEMBERS OF THE BOARD

 

KUYLER CROCKER

District One

 

PETE VANDER POEL - Chairman

District Two

 

AMY SHUKLIAN

District Three

 

J. STEVEN WORTHLEY – Vice Chairman

District Four

 

MIKE ENNIS

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

 

 

January 24, 2017

 

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.               State of the County presented by Chairman Pete Vander Poel.

2.               Board of Supervisors matters.

3.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 31)

 

 

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

4.               Approve a capital asset expenditure for repairs and upgrades on the Agricultural Commissioner's buildings in an amount not to exceed $38,852.  Approve the necessary budget adjustments (4/5ths vote required).

Board of Supervisors

5.               Appoint Jason Britt, Department Head to the Audit Committee for a term ending at the Pleasure of the Board.

6.               Appoint Alex Elliott, Child Care Provider, Elvira Barron, Agency Representative, and Teresa Ramos, At-Large Member to the Tulare County Council on Child & Youth Development for terms ending June 30, 2018.

7.               Reappoint Kyle Melton, Seat 3 to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2020.

8.               Reappoint Kevin Mikesell, District 2, and Christopher Glidden, District 1 to the Defined Contribution Committee for terms ending January 2, 2021.

9.               Reappoint Erin Brooks, Seat 6 - At Large, Gail Jones, Seat 7 - Consumer, George T. Allen, Seat 8 - Family, Willie J. Carrillo, Seat 9 - At Large, and Dr. David D. Wood, Seat 10 - At Large to the Mental Health Board for terms ending December 31, 2019.

10.           Reappoint Pamela K. Whitmire, District 1, Erica Tootle, At-Large Member, Rachele Berglund, At-Large Member, and Alex McDavid, At-Large Member to the Library Advisory Board for terms ending December 31, 2020.

11.           Appoint Jeffrey Steen, Director to the Tulare County Pest Control District for a term ending April 23, 2019.

12.           Appoint Hal Cypert, Retiree - At Large to the Defined Contribution Committee for a term ending January 2, 2017.

Child Support Services

13.           Approve an agreement with the Superior Court of California for the County of Tulare Family Law Facilitator, retroactive to August 1, 2016 through July 31, 2019.  Find that the Board had authority to enter into the Plan of Cooperation agreement as of August 1, 2016 and that it was in the County's best interest to enter into the Plan of Cooperation agreement on that date.

County Administrative Office/General Services

14.           Approve and authorize the payment of utility connection fees to the City of Porterville in an amount not to exceed $846,358.87 for construction of the South County Detention Facility.  Approve and authorize additional related payments to the City of Porterville for permitting, review, metering, and other costs associated with utility connection, installation, and service in an amount not to exceed $150,000.

15.           Approve an increase to the Capital Projects budget for Fiscal Year 2016/2017 in an amount not to exceed $38,852 for the Agricultural Commissioner Improvement Projects.  Approve the necessary budget adjustment (4/5ths vote required).

16.           Approve an agreement for purchase of a Temporary Construction Easement from Dino Partners, L. P. for the Avenue 416 Road Widening Project in an amount not to exceed $560.  Direct the Auditor to draw a warrant in an amount not to exceed $560 in favor of Dino Partners, L. P.

17.           Accept a portion of the Irrevocable Offer to Dedicate Real Property at the Northwest corner of Avenue 280 and Roeben Street that was offered for dedication by irrevocable Offer to Dedicate Real Property recorded in the office of the Tulare County Recorder on December 29, 2016 as Document Number 2016-0082926.  Direct the Clerk of the Board to cause a certified copy of the resolution accepting the irrevocable Offer of Dedication to be recorded in the office of the Tulare County Recorder.

18.           Approve an agreement for Purchase of a Southern California Edison Easement from Jim and Laura Goodwin for the Avenue 280 Road Widening Project in an amount not to exceed $500.  Direct the Auditor to draw a warrant in an amount not to exceed $500 in favor of Jim Goodwin.

19.           Award the agreement for the Pre-Trial Rail Enhancement Project to the lowest responsive bidder, Greg Peterson Construction in an amount not to exceed $184,839 (4/5ths vote required). Determined that the architect's cost estimate for the project, proposed by the County, was reasonable (4/5ths vote required).   Approve the necessary budget adjustment (4/5ths vote required).

20.           Direct the County Administrative Officer to sign the Letter of Intent for Underwriting Services with Raymond James and Associates, Inc.

County Counsel/Risk Management

21.           Adopt by resolution the update to the Tulare County Records Retention and Destruction Policy, dated January 2017.  Rescind Tulare County Board of Supervisors Resolution No. 2007-0049.

District Attorney

22.           Approve a capital asset purchase of eight (8) vehicles in an amount not to exceed $209,000.  Approve the necessary budget adjustments (4/5ths vote required).

Information & Communications Technology

23.           Adopt the Theft Policy of the Information Technology Security Program.  Adopt the Mobile Device Policy of the Information Technology Security Program.  Adopt the changes to the Table of Contents of the Information Technology Security Program.

Probation

24.           Approve the disposition of AB 109 excess Base Funding allocation of $544,419.45 for Fiscal Year 2015/2016.  Approve the distribution of AB 109 Growth Funding of $587,520 for Fiscal Year 2015/2016.  Approve the necessary budget adjustments to the Fiscal Year 2016/2017 budget of the Probation Department and Sheriff's Office (4/5ths vote required).

Resource Management Agency

25.           Authorize the filing of a Notice of Full Non-Renewal for the following one (1) Land Conservation Contract, as provided in the Williamson Act. The request fulfills a condition resulting from one (1) tentative parcel map. WAN 16-030 – Williamson Act Contract No. 7451, Ag Preserve No. 2537, located on the north side of Avenue 72, approximately 1,324 feet east of Road 224, south of Terra Bella) (APN 320-340-021) (Jack & Camilla Wheat) (10± acres to be Non-Renewed as a condition of PPM 16-027) (No contract amendment required for a full non-renewal.) Authorize the filing of Notices of Partial Non-Renewal for the following two (2) Land Conservation Contracts, as provided in the Williamson Act. The request fulfills conditions resulting from two (2) tentative parcel maps. WAN 16-026 – Williamson Act Contract No. 3798, Ag Preserve No. 0836, located on the southeast corner of Avenue 404 and Road 96, southeast of Dinuba (APN 030-230-001) (Cedric J. and Violet M. Riano) (1.75 acres to be Non-Renewed as a condition of PPM 16-011) (60.41 acres are subject to contract amendment.) WAN 16-031 – Williamson Act Contract No. 7236, Ag. Preserve No. 2467, located on the northwest corner of Avenue 160 and Road 144, northeast of Tipton (APN 232-110-009) (South Fork Land Holding, LLC) (1.31 acres to be Non-Renewed as a condition of PPM 16-024) (160± acres are subject to contract amendment.) Approve the execution of amendments to the Land Conservation Contracts as conditions of approval for the aforementioned Partial NonRenewals.

26.           FOR INFORMATION ONLY:  Bid opening results for the Monson Well & Distribution System.

Contractor                                                     Bid Amount

Brough Construction, Inc.                              $1,571,675.00

Grizzly Construction, Inc.                               $1,654,871.00

West Valley Construction Co., Inc.                 $1,667,124.00

Agee Construction                                         $1,683,350.00

Smith Construction Co., Inc.                          $1,705,937.24

JT2, Inc. dba Todd Companies                      $2,413,937.00

Engineer’s Estimate                                    $1,168,215.00

Sheriff/Coroner

27.           Authorize the Tulare County Sheriff's Office to participate in the California State Parks Division of Boating and Waterways Financial Aid Program for the Fiscal Year 2017/2018.  Authorize the Chairman, or their designated representative, the Tulare County Sheriff, to sign each reimbursement claim.  Authorize the County Auditor to certify the amount or prior year vessel taxes received by the County.

28.           Ratify and accept a grant award cooperative agreement from the U.S. Department of Justice, Office of Justice Programs in an amount not to exceed $97,432 for the period of October 1, 2016 through September 30, 2018.  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.  Authorize the necessary budget adjustments (4/5ths vote required).  Approve the sole-source purchase from Taser International, Inc. for the purchase of body worn camera equipment and associated operational software.  Authorize the purchasing agent to waive the formal bidding process and make the sole-source purchase.

29.           Approve an amendment to Agreement No. 26196 with Cutler-Orosi Unified School District, to extend the term of the agreement to June 30, 2017 in an amount not to exceed $98,688 for providing a school resource officer on district campuses.  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 agreement on that date.

30.           Approve payment for a renewal maintenance agreement with NEC Corporation of America in an amount not to exceed $103,274, for the period of November 23, 2016 through November 22, 2017.  Find that the Board had authority to enter into the agreement on that date and that it was in the County's best interest to enter into the agreement on that date.

Solid Waste

31.           Approve an amendment to Agreement No. 19966 with EBA Engineering to extend the term of the agreement to December 31, 2020 to provide additional CQA design and permitting services at the Visalia Landfill and to increase the total amount that may be paid for services under this agreement by $918,774 to $2,617,853.  Approve the necessary budget adjustments (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

32.           Receive a report from the Resource Management Agency regarding the 2017 County Transportation Improvement Program.  Direct staff to take appropriate action.

 (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

Threat of litigation regarding Tulare County Agreement No. 26689-A

ITEM B

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: SEIU Local 521 v. County of Tulare, 

Public Employment Relations Board Charge No:. SA-CE-748-M (On remand from California Court of Appeal, Fifth Appellate District Case No. F071240)

ITEM D

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.