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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
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Board of
Supervisors
Agenda
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MICHAEL C. SPATA
County
Administrative Officer
DEANNE H. PETERSON
County Counsel
ADMINISTRATION
BUILDING
2800 W. Burrel
Avenue
Visalia, CA 93291
(559) 636-5000
FAX (559) 733-6898
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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
Board of Supervisors Chambers
2800 W. Burrel Ave.
Visalia, CA 93291
PLEDGE OF ALLEGIANCE
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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.
As a courtesy to those
in attendance, please turn off or place in alert mode all cell phones and
pagers. In compliance with the Americans with Disabilities Act, if you need
special assistance to participate in this meeting, please contact the Clerk
of the Board's Office at (559) 636-5000.
Documents related to the items on
this Agenda, submitted to the Board after distribution of the Agenda packet,
are available for public inspection in the Board of Supervisors Office, 2800
W. Burrel Avenue, Visalia, CA during normal business hours. Such documents
are also available online, subject to staff's ability to post the documents before
the meeting, at the following
website:
www.co.tulare.ca.us/countygovernment/boardofsupervisors/boardagendas.
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(Public Comment Period)
1.
3:00 p.m. Closed Session Public Comment.
2.
Board of Supervisors matters.
3.
Presentation given by Daisy Guzman of Community Services
Employment Training regarding Step Up #Lead Program.
4.
Present Proclamation recognizing June 2017 as Alzheimer's
and Brain Awareness Month.
5.
Public Comments.
(Closed Session)
7:30 P.M. – TIMED ITEMS
(Timed
Items)
6.
PUBLIC HEARING: Request from the Board of Supervisors
Staff to elect to become a Groundwater Sustainability Agency and undertake
sustainable groundwater management in the portion of the Kings Sub-basin
(Subbasin # 5-022.08 of the San Joaquin Valley Basin as defined by DWR Bulletin
118) underlying Tulare County’s boundaries and not covered by another
Groundwater Sustainability Agency pursuant to Water Code Section 10724. Elect
to become a Groundwater Sustainability Agency and undertake sustainable groundwater
management in the portion of the Kaweah Sub-basin (Subbasin # 5-022.11 of the
San Joaquin Valley Basin as defined by DWR Bulletin 118) underlying Tulare
County’s boundaries and not covered by another Groundwater Sustainability
Agency pursuant to Water Code Section 10724. Elect to become a Groundwater
Sustainability Agency and undertake sustainable groundwater management in the
portion of the Tule Sub-basin (Subbasin # 5-022.13 of the San Joaquin Valley
Basin as defined by DWR Bulletin 118) underlying Tulare County’s boundaries and
not covered by another Groundwater Sustainability Agency pursuant to Water Code
Section 10724. Develop an outreach program, either in cooperation with other
Groundwater Sustainability Agencies or independently to include all stakeholders
to ensure all beneficial uses and users of groundwater are considered. Direct
staff to negotiate the development of Groundwater Sustainability Plans with
other Groundwater Sustainability Agencies in accordance with all applicable
statues and regulations. Direct staff to negotiate coordination agreements with
other agencies or entities utilizing groundwater in the Kings, Kaweah, and Tule
Sub-basins, for the purpose of implementing a cooperative, coordinated
structure for the management of the Sub-basins pursuant to the Sustainable
Groundwater Management Act. Direct staff to send to the Department of Water
Resources, within thirty (30) days of this Resolution, Tulare County’s
notification of its election to be a Groundwater Sustainability Agency pursuant
to Water Code Section 10723.8 and all necessary information including but not
limited to: the boundaries of the Sub-basins that the County intends to manage,
which shall include lands within the County’s boundary as set forth in the
maps, a copy of this resolution, a list of the interested parties developed
pursuant to Section 10723.2 of the Sustainable Groundwater Management Act, and
an explanation of how their interests will be considered in the development and
operation of the GSA and the development and implementation of the Groundwater
Sustainability Agency’s Groundwater Sustainability Plan.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 34)
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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.
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Agricultural Commissioner/Sealer
7.
Approve the transfer of funds to
Capital Projects of up to $21,456 for repairs and upgrades on the Agricultural
Commissioner's Building. Approve the expenditure of $74,250 for the creation of
a costing program by the County's Information Technology Department for the
Agricultural Commissioner. Approve the necessary budget adjustments (4/5ths
vote required).
Auditor-Controller/Treasurer-Tax Collector
8.
Approve Alpine Village-Sequoia
Crest Community Services District's request to replace their biennial audit
with an annual financial compilation and an annual audit for the sixth year.
Board of Supervisors
9.
Appoint Ron Faulkner, Trustee to
the Exeter Public Cemetery District for a term ending January 6, 2020.
10.
Approve the recognition of Glen
Black, Solid Waste Department as the 2016 Tulare County Employee of the Year.
County Administrative Office/General
Services
11.
Approve the necessary budget
adjustments based on the settlement agreement (Decision No. 2414-M and Case No.
SA-/CE-748-M) with Service Employees International Union (4/5ths vote
required).
12.
Terminate Purchasing agreement No.
1959 with Central Valley Business Forms. Approve an agreement with Central
Valley Business Forms for printing and type setting services in an amount not
to exceed $150,000, retroactive from May 23, 2017 through June 30, 2018. Find
that the Board had the authority to enter into the proposed agreement May 23,
2017, and that it was in the County’s best interest to enter in the agreement
on that date, subject to approval as to form by County Counsel.
13.
Ratify an approval of Agreement
No. 27213 with ABM Onsite Services, West with the understanding that the
agreement was for an amount not to exceed $600,000 per year, effective July 1,
2015 through June 30, 2018.
14.
Accept the Pre-Trial Rail
Enhancement Project as a completed project. Approve an amendment to Agreement
No. 27956 with Greg Peterson Construction to decrease the contract amount by
$2,307, 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 Clerk-Recorder.
15.
Approve a Property Acquisition
agreement with the State of California acting by and through the State Public
Works Board and the Department of General Services for property at 35802
Olivera Drive in Woodlake. Approve a Grant Deed granting real property at 35802
Olivera Drive in Woodlake to the State of California. Approve a Quitclaim Deed
quitclaiming rights to use of an apparatus bay at 35802 Olivera Drive in
Woodlake to the State of California. Direct the County Environmental Assessment
Officer, or his designee, to file a Notice of Exemption with the Tulare County
Clerk-Recorder. Authorize the County Property Manager, or his designee, to
execute all additional documents to facilitate the transfer of this property to
the State of California. Return all documents to Property Management for
transmittal to the State of California.
16.
Approve an agreement with Valley
Carports to provide and install a carport at the Tulare County Information and
Communications Technology Radio Shop in an amount not to exceed $9,523,
retroactive to April 18, 2017, subject to review and approval as to form by
County Counsel. Find that the Board had the authority to enter into the
proposed agreement as of April 18, 2017, and that it was in the County’s best
interest to enter in the agreement on that date.
17.
Authorize the Tulare County
Auditor/Controller to establish an interest-bearing improvement fund designated
for net operating income collected from the Tulare Akers Professional Center,
located at 5300 W. Tulare Avenue in Visalia.
District Attorney
18.
Approve an agreement with the
California Victim Compensation Board for the District Attorney's Revolving Fund
to pay victim expenses on an emergency basis. Authorize the District Attorney,
or his designee, to sign the Confidentiality Statement.
Fire Department
19.
Ratify and authorize the
submission of a grant applications for a Federal Emergency Management Agency
Fire Protection and Safety Grant to purchase smoke and carbon monoxide
detectors in an amount not to exceed $5,500. Find that the County, through the
Board and the Fire Department, had the authority to submit the grant
application on May 15, 2017, and the related grant certifications on April 28,
2017, and that it was in the County's best interest to submit the grant
application and related certifications on those dates. Ratify the signature of
Steven D. Murch on the grant application and related certifications.
Human Resources & Development
20.
Approve an agreement with
Chimienti & Associates Insurance Services to perform administrative
services related to the Tulare County Flexible Benefit Plan for the period of
July 1, 2017 through December 31, 2017.
Information & Communications
Technology
21.
Approve a purchase from AT&T
for custom fiber placement in an amount not to exceed $10,063.24.
22.
Approve an amendment to Agreement
No. 27884 with CVIN Vast Networks to purchase business Ethernet service
infrastructure in an amount not to exceed $78,030.
Probation
23.
Approve an amendment to Agreement
No. 26647 with the City of Visalia for the Non-custody Intake Program to extend
the term of the agreement to June 30, 2018.
Resource Management Agency
24.
Approve the “4th of July
Celebration” to be held on Tuesday, July 4, 2017 from 11:30 a.m. to 10:00 p.m.
in and near the City of Visalia. Approve the “4th of July Celebration” to be an
on-going event for future years until such time as conditions of the event
and/or the location change, and subject to timely submittals of complete
application for each annual event.
25.
Authorize the Board to enter into
and sign the Funding Agreement for Emergency Bottled Drinking Water for Seville
and any subsequent amendments thereto, with the State Water Resources Control
Board, subject to approval as to form by County Counsel. Authorize and direct
the County Administrative Officer, or his designee, to act on the County's
behalf in all matters pertaining to this application. Authorize and direct the
Resource Management Agency Director, Associate Director, or his designee, to
sign fund requests, progress reports and any other forms or reports pertaining
to this grant.
26.
Authorize the submittal of Federal
Transit Act Section 5311 grant application to Caltrans in an amount not to
exceed $357,156 for Fiscal Year 2017.
27.
Authorize the submittal of Federal
Transit Act Section 5311 grant application to Caltrans in an amount not to
exceed $367,300 for Fiscal Year 2018.
28.
Approve the Temporary Water
Services Contract with the United States Department of Interior, Bureau of
Reclamation for water services from the Central Valley Project to the Cross
Valley Canal. Authorize the Resource Management Agency to do all things
necessary and proper to comply with the provisions of the Temporary Water
Services Contract. Direct the Clerk of the Board to provide a certified copy of
this Resolution to the Resource Management Agency.
29.
Approve an agreement with the
Lindsay-Strathmore Irrigation District and Strathmore Public Utility District,
for the transfer and conveyance of water. Authorize the Resource Management
Agency and Dennis R. Keller to take necessary actions to comply with the
provisions of the agreement.
30.
Approve an agreement with Calgren
Dairy Fuels, LLC in connection with the application for encroachment permit to
place a private gas pipeline within County road right-of-way of Avenue 112 and
Road 120.
31.
FOR INFORMATION ONLY: Bid opening
results for the Avenue 280 widening segment 1 between SR99 and Akers Street.
CONTRACTOR BID
AMOUNT
Cal Valley Construction $9,651,310.08
Lee’s Paving, Inc.
$10,014,862.83
Agee Construction
$10,575,355.89
Teicher Construction
$10,725,000.00
Papich Construction Co. Inc.
$12,106,340.44
Yarbs Grading
$12,801,117.00
Engineer’s Estimate
$11,298,009.05
Sheriff/Coroner
32.
Approve a capital asset purchase
for a Cessna aircraft in amount not to exceed $747,717. Authorize the
Purchasing Agent to waive the formal bidding process and make the sole-source
purchase for this aircraft, and for the aircraft approved to purchase on March
21, 2017. Approve an agreement with the aircraft dealer, Textron Aviation, Inc.
for the purchase of this aircraft and the aircraft in an amount not to exceed
$1,295,723, approved for purchase on March 21, 2017. Authorize the County to
disburse $125,000 as a deposit to the aircraft dealer, Textron Aviation, Inc.
leaving the remaining balance due upon aircraft acceptance. Authorize the
purchase of the aircraft to span over a period of two fiscal years if the
Sheriff’s Office does not take possession of the two aircraft by June 30, 2017,
with funds from Fiscal Year 2016/2017. Approve the necessary budget adjustments
(4/5ths vote required).
33.
Approve an agreement with
Huntington Court Reporters & Transcription, Inc. to provide transcription
services in an amount not to exceed $50,000, for the period of February 3, 2017
through June 30, 2017. Find that the Board had the authority to enter into the
proposed agreement as of February 3, 2017, and that it was in the County's best
interest to enter into the agreement on that date.
Solid Waste
34.
Approve the plans and
specifications for the construction of the Visalia Landfill, Phase 3 Expansion.
Approve the advertisement of the Visalia Landfill, Phase 3 Expansion
construction project. Set the bid opening date for July 5, 2017 at 10:00 a.m.
Reaffirm that the Notice of Determination for the project was previously
approved per Resolution No. 2001-0759.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
35.
Request from the Registrar of Voters to approve a Personnel
Resolution to increase the position allocation of the Registrar of Voters
Department by adding one (1) full time equivalent Department Secretary,
effective June 11, 2017.
36.
Receive a presentation from the General Services Department
regarding the Parks & Recreation Strategic Business Plan. Approve the Parks
& Recreation Strategic Business Plan and direct staff to initiate
implementation of the Plan's Recommendations.
37.
Request from the General Services Department to approve and
award the contract for the Central Yard Well Project to the lowest responsible
and responsive bidder, Willitts Equipment Company, Inc. in an amount not to
exceed $1,553,160. Deny the bid protest filed by Brough Construction, Inc.
Waive the minor bid irregularity of Willitts Equipment Company's subcontractor,
Western Strata, having their Department of Industrial Relations registration
number posted as valid on May 5, 2017 instead of May 4, 2017, subject to review
and approval as to form by County Counsel.
(Closed Session)
CLOSED SESSION
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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
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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: 3
Board of Supervisors Agenda Item today
pertaining to Public Hearing - Elect to become Groundwater Sustainability
Agency(ies) and undertake sustainable groundwater management in the otherwise
uncovered portions of the Kings, Kaweah, and Tule Sub-basins.
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Board of Supervisors Agenda Item today
pertaining to the request from General Services to approve and award the
contract for the Central Yard Well Project to the lowest bidder.
ITEM C
CONFERENCE WITH
LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
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 – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Threats of litigation in the public record by
Pena’s Disposal Services, Inc.
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Seguin, Henry v. County of
Tulare, United States District Court, Eastern District of California:
1:16-cv-01262-DAD-SAB
ITEM G
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
[Government
Code Section 54956.9(d)(4)]
Number of Potential Cases: 1
ITEM H
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 Case No.
SA-CE-894-M.
ITEM I
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT
(Government
Code Section 54957)
FOR THE POSITION OF: Chief Probation Officer
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.