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

 

 

February 7, 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.               Board of Supervisors matters.

2.               Present Proclamation recognizing the month of February 2017 as Grand Jury Awareness Month in Tulare County.

3.               Acknowledge Tulare County Restaurants and Retail Food Establishments who have attained the Certificate of Excellence in Food Safety Award during the 2016 calendar year.

4.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 17)

 

 

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.               Reappoint Nilsa Gonzalez, Environmental Health to the Health Advisory Committee for a term ending February 1, 2020.

6.               Appoint Timothy Lutz, Health & Human Services Agency Member to the First 5 Tulare County for a term ending at the Pleasure of the Board.

7.               Appoint Cameron Long, Advanced Life Support Fire - Tulare City Fire Department #1 to the Emergency Medical Care Committee for a term ending at the Pleasure of the Board.

County Administrative Office/General Services

8.               Approve an amendment to Agreement No. 18867 with Raoul J. Freeman for space located at 1066 N. Alta, Dinuba for tenant improvements and to extend the term for seven (7) years, commencing upon Board approval.

9.               Approve sending a letter of support for Tulare Irrigation District's US Bureau of Reclamation WaterSMART Grant application.

Health & Human Services Agency

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

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

12.           Approve an agreement with Fonemed, LLC to provide after-hours nurse triage services for the Tulare County Health Care Center in an amount not to exceed $21,000, retroactive to July 1, 2016 through June 30, 2019. 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.

Resource Management Agency

13.           Approve an amendment to Agreement No. 27510 with NCM Engineering Corporation for engineering and construction support services for the Avenue 364 over Cottonwood Creek Bridge Project, retroactive to November 15, 2016, to increase the original contract amount by $64,245 and to extend the term of the agreement through December 31, 2019.  Find that the Board had authority to enter into the proposed amendment as of November 15, 2016 and it was in the County’s best interest to enter into the amendment on that date.

14.           Approve an amendment to Agreement No. 27031 with O’Dell Engineering to decrease the amount of the agreement from $207,500 to $187,500 and remove one task from the amended scope of work to provide Landscape Architectural Services for the Earlimart Neighborhood Park Project.

15.           Approve an amendment to Agreement No. 26553 with Provost & Pritchard, modifying the scope and work schedule for the Matheny Tract Wastewater Collection, Treatment, and Disposal Project.

Sheriff/Coroner

16.           Approve a capital asset purchase of two driving simulators in an amount not to exceed $252,272.  Authorize the Purchasing Agent to waive the formal bidding process and make the sole-source purchase.  Authorize the necessary budget adjustments (4/5ths vote required).

17.           Approve an agreement with Northpointe, Inc. for the purchase of Northpointe COMPAS risk and needs assessment software in an amount not to exceed $122,000.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

18.           Request from the Resource Management Agency to approve and award the contract to the lowest responsive and responsible bidder, Brough Construction from Arroyo Grande, California for construction of Monson Well and Distribution System in an amount not to exceed $1,571,675. 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 construction contingencies in an amount not to $91,083 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 $91,083.

 (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 of Monson Well Construction Contract to Brough Construction, Inc. 

See Board of Supervisors agenda for February 7, 2017.

ITEM B

 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 2

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  5300 West Tulare Avenue, Visalia, California

Agency Negotiators:    Robert Newby and Matt Graham  

Negotiating Party: University of Phoenix  

Under Negotiation: Price & Terms of Payment

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  5300 West Tulare Avenue, Visalia, California  

Agency Negotiators:    Robert Newby and Matt Graham  

Negotiating Party: Wells Fargo Bank, N.A.  

Under Negotiation: Price & Terms of Payment

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Maria R. et al. v. William Nulick et al.

United States District Court Eastern District Case No. 1:15-cv-01378-JAM-EPG

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Alma M. v. William Nulick et al. 

Unites States District Court Eastern District Case No. 1:15-cv-01386-SAB

ITEM G

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 H

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM I

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  INTERIM RESOURCE MANAGEMENT AGENCY DIRECTOR

ITEM J

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