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

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

February 28, 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 to recognize the Strathmore High School Football Team as the 2016 Central Section Division VI Valley Champions.

3.               Recognize Jim Water upon his retirement from the Health and Human Services Agency for his many years of County service.

4.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 27)

 

 

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 Candace Hilvers, Resident - District 3 to the Health Advisory Committee for a term ending February 1, 2020.

6.               Appoint Stephanie Bartsch, Faith Based Organization to the Step Up Committee for a term ending September 1, 2017.

Child Support Services

7.               Approve the capital asset purchase of a DesignJet PostScript Printer for the Department of Child Support Services in an amount not to exceed $10,000.  Approve the necessary budget adjustment (4/5ths vote required).

County Administrative Office/General Services

8.               Ratify actions by the County Administrative Officer during the months of December 2016 and January 2017.  Find that the activities funded pursuant to the good works funding agreements are necessary to meet the social needs of the residents of Tulare County.

9.               Approve an agreement with the City of Farmersville for the lease of building space at 623 N. Avery Avenue, Farmersville, CA.

10.           Authorize the issuance of a Request for Qualifications for the operation and testing of the Sequoia Field Wastewater Treatment Facility and the Potable Water Facilities. Authorize the County Administrative Officer, or his designee, to send a Notification of Intent for non-renewal letter to Water Dynamics, Inc. regarding agreement no. 21804 for operations and maintenance of the Sequoia Field Wastewater Treatment and Potable Water Facilities.

11.           Approve an amendment to Agreement No. 27894 with Forcum Mackey, Inc. to increase the agreement amount by $64,732.91 from $3,117,000 to $3,181,732.91.  Increase the contract time by eight (8) calendar days for the Sheriff and Fire project and fifty seven (57) calendar days for the Human Resources project, subject to review and approval as to form by County Counsel.

12.           Award the contract for the Visalia Health Care Clinic Interior Renovations Project to the lowest responsible bidder, Dale Atkins Contractor in an amount not to exceed $294,800, subject to review and approval as to form by County Counsel.

County Counsel/Risk Management

13.           Ratify and approve an agreement with Thomson Reuters for a subscription to Westlaw PRO online legal research software in an amount not to exceed $150,351.60, effective January 31, 2017 through March 31, 2021.  Find that the Board had authority to enter into the proposed agreement as of January 31, 2017, and that it was in the County's best interest to enter into the agreement on that date.

District Attorney

14.           Approve an agreement with Veyna Design Studios to install a child friendly mural in the lobby area of the Victim/Witness Center in an amount not to exceed $5,300, for the period of February 28, 2017 through June 30, 2017.

Fire Department

15.           Approve an agreement with the California Department of Forestry and Fires Protection, CAL FIRE Tulare Unit, to donate used fire protection equipment. Authorize the Fire Chief, or his designee, to donate and/or transfer the equipment as indicated in the agreement.

Health & Human Services Agency

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

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

18.           Approve a Memorandum of Understanding with Legacy Behavioral Services, Inc. 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

19.           Approve a purchase of VMware support from Development Group, Incorporated in an amount not to exceed $180,000, for the period of April 1, 2017 through March 31, 2018.

20.           Approve an agreement with AT&T to maintain the current pricing schedule for Opt-E-MAN services, retroactive to October 10, 2016 through October 6, 2019. Find that the Board had authority to enter into the proposed agreement as of October 10, 2016, and that it was in the County's best interest to enter into the agreement on that date.

Probation

21.           Approve an amendment to Agreement No. 27628 with the Workforce Investment Board of Tulare County to extend the term of the agreement through December 31, 2017.  Find that the Board had the authority to approve the amendment as of January 1, 2017 and that it was in the County's best interest to approve the amendment as of that date. Approve the necessary budget adjustment (4/5ths vote required).

Resource Management Agency

22.           Affirm the Notice of Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (per General Rule Exemption: Section 15061(b)(3); Categorical Exemption: Section 15301 Existing Facilities and Statutory Exemption: Section 1562 Feasibility and Planning Studies) for the Complete Streets Policy Plans for Phases II (A&B) and Phase III Projects of the Tulare County Complete Streets Program. Direct the Environmental Assessment Officer, or designee, of the Tulare County Resource Management Agency to file the Notice of Exemption with the Tulare County Clerk. Adopt the Complete Streets Policy Plans and any updates for both Phase II (A&B) and Phase III Projects. Authorize Transmittal of all the Complete Streets Policy Plans Phase II (A&B) Projects and all the Phase III Projects to the Tulare County Association of Governments.

23.           Authorize the fixed asset purchase of traffic safety devices for nine locations. Determine that the Various Community Traffic Safety Device Improvements are exempt from the California Environmental Quality Act pursuant to the adopted State of California CEQA guidelines Section 15301 and that the Environmental Assessment Office is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Approve the necessary budget adjustments (4/5ths vote required).

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

24.           Approve an agreement with the United States Geological Survey for water resources investigations in an amount not to exceed $19,600, retroactive to November 1, 2016 through October 31, 2017. 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.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

25.           Approve an agreement with United States Department of Justice, Drug Enforcement Administration in an amount not to exceed $150,000, retroactive to October 1, 2016 through September 30, 2017. Find that the Board had authority to enter into the agreement as of October 1, 2016, and that it was in the County's best interest to enter into the agreement on that date.

26.           Ratify and approve the submission of a grant application for funding from the U.S. Department of Justice, Office of Violence Against Women, Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program in an amount not to exceed $450,000, for the period of October 1, 2017 through September 30, 2020. Ratify and approve as part of the grant application, the Memorandum of Understanding between the grant partners the Sheriff's Department, District Attorney's Office, Probation Department, and Family Services of Tulare County.  Ratify and approve as part of the grant application the certification of letters.

Solid Waste

27.           Approve an amendment to Agreement No. 26373 with Moore Twining Associates, Inc. to extend the term of the agreement to provide environmental sampling and laboratory services at Tulare County landfills to increase the total amount that may be paid for services under this agreement by $300,000 to $800,000, retroactive to January 1, 2017 through December 31, 2019.  Find that the Board had the authority to enter into the proposed agreement as of January 1, 2017 and that it was in the County's best interest to enter into the agreement on that date.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

28.           Request from the Health and Human Service Agency to approve a Personnel Resolution to change position allocations for Tulare County Health & Human Services Agency, Fiscal Division, by adding two (2) Principal Account Clerk positions and deleting two (2) Account Clerk positions. Approve the necessary budget adjustments (4/5ths vote required).

29.           Request from the Resource Management Agency to approve Phase II of the Tulare County Tree Mortality Tree Removal Project. Determine that the County’s tree/debris removal activities on private property serves a public purpose when such work is related to the tree mortality emergency and is done to protect the public and/or public infrastructure, maintain the integrity of emergency evacuation routes, and/or reduce the threat of wildfire. Approve two Statutory CEQA Exemptions [Declared Emergency under Pub. Res. Code § 21080(b)(3) and 14 C.C.R. § 15269(a); and Emergency Project under Pub. Res. Code § 21080(b)(4) and 14 C.C.R § 15269(c)] and one Categorical Exemption (CEQA Guidelines Class 1, 14 C.C.R. § 15301(c), “Existing Facilities”). Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the County Clerk. Approve County participation in cooperation with the Hartland area tree removal project proposed by the Oak Timberline Fire Safe Council, in an amount not to exceed $20,000. Approve amended Right of Entry form and delegate authority to the Tulare County OES Director, or his designee, to sign the Tulare County Removal Right-of-Entry Permit. Direct the County Administrative Officer to take the necessary action to implement Board direction on these matters. Delegate authority to County Administrative Officer, or his designee, to sign off on all invoices associated with Phase II of the Tree Mortality Removal Project.

30.           Request from the Resource Management Agency to authorize limiting the monthly bottled water allocation to no more than 50 gallons per household.  Authorize limiting eligibility for bottled water to owner-occupied residences only.  Authorize limiting bottled water program to existing participants who meet the new qualifications.  Adopt a revised application template for the bottled water program.  Authorize and direct Resource Management Agency staff to submit an application for additional funding in an amount not to exceed $2 million for additional bottled water funding.  Authorize and direct the Chairman, or his designee, to enter into and sign the funding agreement, and any subsequent amendments thereto, subject to County Counsel approval as to form.  Authorize and direct the Resource Management Agency Director, or his designee, to sign funds requests, progress reports and any other required reports pertaining to the funding agreement. Authorize the necessary budget adjustment (4/5th vote required).

31.           Request from the Probation Department to accept the California Office of Traffic Safety grant funding in an amount not to exceed $168,301. Approve a Personnel Resolution amending the Fiscal Year 2016/2017 position allocation for the Probation Department, adding one (1) FTE Deputy Probation Officer II position.  Approve the necessary Fiscal Year 2016/2017 budget adjustment for the Probation Department (4/5ths vote required).

32.           Request from the General Services Department to receive and approve a report regarding the proposed General Services & Capital Projects reorganization plan. Approve the Personnel Resolution to add 1.0 FTE - General Services Manager to the General Services Department, at will, effective March 5, 2017.  Approve the job specification amendments for the General Services Manager, effective March 5, 2017.

33.           Request from the Board of Supervisors staff to receive input and provide direction regarding the 2017/2018 State Legislative Platform and select priority issues for the annual State advocacy trip.

34.           Request from the County Administrative Office to establish an Ad Hoc Committee comprised of two members of the Board of Supervisors to assist the County with evaluating the implementation of the County Strategic Financing Plan.  Appoint two members of the Board of Supervisors to serve on the Ad Hoc Strategic Financing Plan Committee.  Provide direction to the County Administrative Office in addressing the key components of the Strategic Financing Plan.

35.           Request from the County Administrative Office to approve the penalty of assessments fees for the Courthouse construction be eliminated and that the penalty assessment fees continue for the Emergency Medical Services and Criminal Justice Facilities Construction.

36.           Request from the County Administrative Office to approve submitting a proposal for the Tulare/Kern Funding Area to the California Department of Water Resources to obtain a grant in an amount not to exceed $3.4 million in response to the Proposition 1 integrated Regional Water Management Disadvantaged Community Involvement Request for Proposals.

 (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

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  5300 W. Tulare Ave. Visalia, CA 93277

Agency Negotiators:    John Hess and Robert Newby

Negotiating Parties:     Cigna Health and Life Insurance Company

Under Negotiation:      Price and Terms of Payment

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  5300 W. Tulare Ave. Visalia, CA 93277  

Agency Negotiators:    Robert Newby and Matt Graham

Negotiating Parties:     University of Phoenix

Under Negotiation:      Price and Terms of Payment

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  5300 W. Tulare Ave. Visalia, CA 93277  

Agency Negotiators:    Robert Newby and Matt Graham         

Negotiating Parties:     Wells Fargo Bank, N.A. 

Under Negotiation:      Price and Terms of Payment

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Carrasquilla vs. County of Tulare, et al.  

United States District Court, Eastern District of California

Case No.: 1:15-CV-00740-BAM

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Sisto, Edward vs. County of Tulare, Rodney W. Parker and Does 1-10

Tulare County Superior Court VCU267533

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Montoya, Julian v. Tim Ward, et al.

Tulare County Superior Court VCU268010

ITEM H

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM I

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