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 Administrative Officer

 

DEANNE H. PETERSON

County Counsel



 

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

June 6, 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

Board of Supervisors Chambers

2800 W. Burrel Ave.

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.

 

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.


(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)

 

 

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.

 

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

 

 

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: 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.