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

 

 

 

 

MIKE SPATA

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel



 

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

May 9, 2017

 

3:00 P.M. Board Convenes for Closed Session

Board Chambers, Administration Building

2800 W. Burrel Avenue

Visalia, CA 93291

 

7:00 P.M. Board Reconvenes for Open Session

City of Tulare Council Chambers

491 North M Street

Tulare, CA 93274

 

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.               Closed Session Public Comments.

2.               Board of Supervisors matters.

3.               Public Comments.

 

 

7:30 P.M. – TIMED ITEMS

 

 

(Timed Items)

4.               PUBLIC HEARING:  Request from the Agricultural Commissioner's Office to re-open the public hearing regarding an Ordinance amending Article 8 of Chapter 5, Part VI of the Ordinance Code pertaining to the theft of nuts. Waive the second reading and adopt an Ordinance amending sections 6-05-8000, 6-05-8010, 6-05-8020, 6-05-8030, 6-05-8090, 6-05-8100 and adding Sections 6-05-8040, 6-05-8042, 6-05-8045, 6-05-8050, 6-05-8060, 6-05-8070 and 6-05-8080 of Article 8 of Chapter 5, Part 6 of the Ordinance Code pertaining to the theft of nuts. Direct the Clerk of the Board to publish a summary and post a certified copy of the Ordinance within fifteen (15) days after adoption in accordance with Government Code Section 25124(b)(1).

 

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 25)

 

 

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 members on any item, that item will be removed from the Consent Agenda if separate action is required.

 

Board of Supervisors

5.               Appoint Ruth Marquez, At-Large Member to the Tulare County Council on Child & Youth Development for a term ending June 30, 2018.

6.               Appoint Sonia Duran-Aguilar, Resident District 5 to the Health Advisory Committee for a term ending February 1, 2020.

7.               Approve a letter of support for SB 661, Fuller: Income taxes: credit: new employment.

County Administrative Office/General Services

8.               Approve an amendment to Agreement No. 25318 with California Business Machines for copier maintenance and repair services, subject to review and approval as to form by County Counsel.

9.               Approve an amendment to Agreement No. 27981 with Dale Atkins Contractor to increase the agreement amount by $9,374.15 from $294,800 to $304,174.15, subject to review and approval as to form by County Counsel.

10.           Introduce and waive the first reading of Ordinance amending Section 1-01-1000 of Chapter 1, Part 1 of the Ordinance Code, pertaining to the time and location of Board meetings. Set the second reading and adoption for May 23, 2017. Direct the Clerk to publish the Ordinance after adoption as required by law.

District Attorney

11.           Approve an amendment to Agreement No. 27819 with the California Governor's Office of Emergency Services to extend the project period and date from June 30, 2017 to September 30, 2017. 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.

Health & Human Services Agency

12.           Approve an agreement with Parenting Network, Inc. for the delivery of respite care services in an amount not to exceed $250,000, effective July 1, 2017 through June 30, 2018.

13.           Approve an agreement with Community Service and Employment Training, Inc. for administration of the Housing Support Program in an amount not to exceed $399,000, effective from July 1, 2017 through June 30, 2018. Authorize the Tulare County Health and Human Services Agency’s Human Services Branch Director to accept the Fiscal Year 2017/2018 Housing Support Program Allocation for homeless assistance in an amount not to exceed $399,000 from the State of California.

14.           Approve an agreement with Financial Credit Network, Inc. to provide collection services for Tulare County Health and Human Services Agency, effective July 1, 2017 through June 30, 2019.

15.           Approve an agreement with Tulare County Superintendent of Schools, CHOICES, for the RESTATE Program in an amount not to exceed $150,000, effective July 1, 2017 through June 30, 2018.

Human Resources & Development

16.           Authorize the modification of Bargaining Unit 5/Other Law Enforcement by incorporating the Job Classifications in Bargaining Unit 5/Other Law Enforcement into Bargaining Unit 22/District Attorney Investigators.

Information & Communications Technology

17.           Approve an amendment to Agreement No. 14242 with CGI Technologies and Solutions Inc. for Enhanced Maintenance Services of the ongoing maintenance of Advantage Financial Software in an amount not to exceed $82,530, retroactive to April 1, 2017 through March 31, 2018. Find that the Board had authority to enter into the amendment as of April 1, 2017, and that it was in the County's best interest to enter into the amendment on that date.

18.           Approve an amendment to Agreement No. 14242 with CGI Technologies and Solutions Inc. for the renewal of basic license and maintenance support for Advantage Financial Software in an amount not to exceed $284,551.81, retroactive to April 1, 2017 through March 31, 2018. Find that the Board had authority to enter into the amendment as of April 1, 2017, and that it was in the County's best interest to enter into the amendment on that date.

Resource Management Agency

19.           Approve the Final Map of Tract No. 833, located at the northeast corner of the intersection of Avenue 393 and Club Road and east of the City of Kingsburg.

20.           Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Tulare County Clerk. Approve the designation of a One-Way STOP controlled intersection on Bennet Street (R270) at Crabtree Avenue (A148) and on Crabtree Avenue (A148) at Doyle Street (R272). Authorize the installation of a STOP sign on Bennet Street (R270) at Crabtree Avenue (A148) and a STOP sign on Crabtree Avenue (A148) at Doyle Street (R272), in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).

21.           Approve the addition and exclusions to the Maintained Mileage which occurred in calendar year 2016, Maintained Mileage Addition and Exclusions of 2016. Adopt that the Maintained Mileage was 3,031.08 miles as of December 31, 2016. Direct the Clerk of the Board of Supervisors to return to the Resource Management Agency a certified copy of the resolution to be filed with the State of California Department of Transportation.

22.           Approve the Streambed Alteration Agreement with the California Department of Fish and Wildlife for the Road D129 Sand Creek Bridge Project.

23.           FOR INFORMATION ONLY:   Bid Opening results for the Avenue 280 Overlay project.

CONTRACTOR                                    BID AMOUNT

Agee Construction Corporation              $1,681,799.55

Cal Valley Construction                          $1,765,283.30

Lee’s Paving Inc.                                   $1,837,839.40

Avison Construction Inc.                        $1,869,024.00

Emmett’s Excavation Inc.                      $1,870,492.30

Teicher Construction                             $1,884,005.24

Papich Construction Co. Inc.                  $2,063,999.99

Mac General Engineering, Inc.               $2,068,314.99

 

Engineer’s Estimate                            $2,114,082.00

 

Sheriff/Coroner

24.           Approve a capital asset purchase of a Little Benthic Vehicle. Approve a budget adjustment increase in an amount not to exceed $8,200 for Fiscal Year 2016/2017. Authorize the necessary budget adjustment (4/5ths vote required).

25.           Approve a capital asset purchase of a computer server in an amount not to exceed $15,000. Authorize the necessary budget adjustments (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

26.           Request from the Tulare County Employees' Retirement Association to approve a Personnel Resolution to add one full time flex class Retirement Specialist I/II position in the Retirement Agency, effective May 12, 2017.

27.           Receive a report from the Tulare County General Services Department regarding the Tulare County Property and Evidence Relocation Project. Direct staff to release a Request for Qualifications to establish a list of eligible Design-Build Entities for the project.

28.           Request from the Board of Supervisors staff to approve the placement of the Tuggleville Monument as requested by the E Clampus Vitus Tulare County Chapter 1855 at the Hillman Health Complex in Tulare at the corner of Bardsley and K Street.

 (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 the closed session will be made in accordance with Government Code sections 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

See Board of Supervisors agenda item today pertaining to Public Hearing for Walnut Theft Ordinance.

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 REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  21019 Avenue 152, Porterville, CA

Agency Negotiators:  John Hess and Robert Newby

Negotiating Parties:  Raul and Martha Baez

Under Negotiation:  Price and Terms of Payment

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  418844 Bear Creek Drive, Springville, CA

Agency Negotiators:  John Hess and Robert Newby

Negotiating Parties:  John and Najia Kenehan

Under Negotiation:  Price and Terms of Payment

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  Northwest corner of Avenue 152 and Road 208, Porterville, CA

Agency Negotiators:  John Hess and Robert Newby

Negotiating Parties:  Thomas and Deborah O’Sullivan

Under Negotiation:  Price and Terms of Payment

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  Southerly side of County Diagonal 129

Agency Negotiators:  John Hess and Robert Newby

Negotiating Parties:  James and Ana Marie Sherwood

Under Negotiation:  Price and Terms of Payment

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  In re: Municipal Derivatives Antitrust Litigation Master Docket No. 08-02516 (VM) (GWG), and County of Tulare vs. Bank of America, et al. United States District Court Eastern District 1:10-CV-00628

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

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  RESOURCE MANAGEMENT AGENCY DIRECTOR

ITEM J

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees