MEMBERS OF THE BOARD

 

KUYLER CROCKER – Vice Chairman

District One

 

PETE VANDER POEL

District Two

 

AMY SHUKLIAN

District Three

 

J. STEVEN WORTHLEY – Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

County Administrative Officer

 

DEANNE H. PETERSON

County Counsel


MELINDA BENTON

Interim Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

February 27, 2018

 

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)

 

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

 

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, requests for disability-related modification or accommodation needed in order to participate in the meeting must be made to the Clerk of the Board of Supervisors (559) 636-5000 no later than Monday at 9:00 a.m.

1.               Board of Supervisors matters.

2.               Acknowledge Tulare County Restaurants and Retail Food Establishments who have attained the Certificate of Excellence in Food Safety Award during the 2017 calendar year.

3.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 35)

 

 

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.

 

Agricultural Commissioner/Sealer

4.               Approve a Memorandum of Understanding with the California Agricultural Commissioners and Sealers Association to provide funding for costs associated with the CalAgPermits system in an amount not to exceed $23,606, retroactive from January 1, 2018 through June 30, 2018. Find that the Board had the authority to enter into the proposed Memorandum of Understanding as of January 1, 2018, and that it was in the County’s best interest to enter into the Memorandum of Understanding on that date.

Auditor-Controller/Treasurer-Tax Collector

5.               Authorize the sale, at Internet Auction, of tax-defaulted properties, subject to the Power to Sell and any limitations imposed by other provisions of the law, including automatic stays, according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code to begin on June 5, 2018 through June 6, 2018, ending time to be staggered every 15 minutes starting at 10:00 a.m. on June 6, 2018. Authorize the re-offer of any parcel starting August 28, 2018 through August 29, 2018, that does not sell at the end of the June 2018 auction at a lower minimum bid amount [§ 3698.5(c)]. Authorize a $5,000 deposit in order to register/bid. If the bidder is unsuccessful the deposit will be refunded. If the winning bidder fails to pay for the purchase the deposit is forfeited. [§ 3693(b)(4) (A)and (B)].

Board of Supervisors

6.               Reappoint Andrea Sousa, Trustee Seat to the Exeter Public Cemetery District for a term ending January 1, 2022.

7.               Reappoint John Paczak, Trustee Seat to the Woodville Public Cemetery District for a term ending January 1, 2022.

8.               Appoint Xavier Avila, Trustee Seat to the Tulare Public Cemetery District for a term ending January 6, 2020.

9.               Appoint Karen Elliott, Ex Officio-HHSA Director Seat to the Community Health Center Board for a term ending April 18, 2022.

10.           Reappoint Dr. Alisa Huff, Mental Health Agency Seat to the Community Health Center Board for a term ending April 18, 2022.

11.           Reappoint Jesus Quevedo, District 4-Consumer Seat to the Community Health Center Board for a term ending April 18, 2022.

12.           Approve the creation of the Project Advisory Committee for the Prop 1 Disadvantaged Community Integrated Regional Water Management Involvement Program.

13.           Ratify and approve an agreement with Provost and Pritchard Group for project management services for the Tulare-Kern Funding Region’s Disadvantaged Community Integrated Regional Water Management Involvement Program in an amount not to exceed $343,000, retroactive from February 1, 2016 through April 30, 2021. Find that the Board had authority to enter into the proposed agreement as of February 1, 2016 and that it was in the County’s best interest to enter into the agreement on that date.

Fire Department

14.           Ratify and authorize the submission of a grant application for a Federal Emergency Management Agency (FEMA) Assistance to Fire Fighters Grant to purchase extrication equipment in an amount not to exceed $252,000, retroactive from February 2, 2018. Find that the County, through the Board and the Fire Department, had the authority to submit the grant application and the related grant certifications on February 2, 2018, and that it was in the County’s best interest to submit the grant application and related certifications on that date. Ratify the signature of Battalion Chief Jonathon Kutka, the Fire Chief’s Designee, on the grant application and related certifications.

General Services Agency

15.           Approve the bid documents for the Visalia Wellness and Recovery Center Project. Authorize the advertisement of bids for the subject project. Set the bid opening for the project at 2:00 p.m. on Thursday, April 5, 2018.

16.           Approve the bid documents for the HHSA Farmersville Building Remodel Project. Authorize the advertisement of bids for the subject project. Set the bid opening for the project at 2:00 p.m. on Thursday, March 29, 2018.

17.           Approve an amendment to Lease Agreement No. 23478 with Guillon, Inc., a California Corporation, for 8040 Doe Ave., Visalia to extend the lease term through October 31, 2024 in exchange for certain upgrades and an increase in the rental rate.

Health & Human Services Agency

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

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

20.           Approve a Memorandum of Understanding between Karing 4 Kids and Foster Children Advanced Care Foster Family Agencies to provide services on behalf of Tulare County Child Welfare Service’s foster children through cooperation, collaboration, and sharing of appropriate information effective upon Board approval and signature through June 30, 2019.

21.           Approve an amendment to Agreement No. 26113 with Corizon Health, Inc., d.b.a. Corizon to increase the maximum contract amount by $50,766, from $12,040,159 to $12,090,925, for the period of March 1, 2018 through June 30, 2018. Authorize the budget adjustments (4/5ths vote required).

22.           Approve an amendment to Agreement No. 27995 with Intelegy Corporation for the configuration and implementation of the Workload Management Tool software for an additional $234,410, which changes the original agreement amount from $424,982 to an amount not to exceed $659,392, retroactive from October 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed amendment as of October 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date. Approve the necessary budget adjustments (4/5ths vote required).

Information & Communications Technology

23.           Approve a purchase with Development Group, Incorporated, for VMware support in an amount not to exceed $170,914, for the time period of April 1, 2018 through March 31, 2019.

Resource Management Agency

24.           Approve the agreement with John and Najia Kenehan for the Purchase of Real Property and Temporary Construction Easement for the Bear Creek Road Bridge Improvement Project over Rancheria Creek in an amount not to exceed $23,953.  Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement Acceptances upon presentation. Authorize the Resource Management Agency Director or designee to open escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $25,953 in favor of First American Title Company or the County’s designated Title Company.

25.           Approve an agreement with the California Department of Forestry and Fire Protection authorizing Tulare County to receive up to $550,378 in reimbursement funds under a Local Assistance for Tree Mortality Grant. Authorize the Chairman of the Board of Supervisors to sign the agreement. Authorize the Resource Management Agency Director or his designee to sign funds requests and other documents related to this grant.

26.           FOR INFORMATION ONLY:  Bid Opening Results for the Transit Operations and Maintenance Facility Project.

CONTRACTOR                                    BID AMOUNT

Klassen Corporation                              $7,712,784.00

Seals Construction, Inc.                         $8,450,000.00

Hal Hays Construction, Inc.                    $9,410,000.00

 

Engineer’s Estimate                            $8,500,000.00

 

 

27.           FOR INFORMATION ONLY: Bid Opening Results for the 2018 Road Repair and Accountability Act (RRAA) Project 1.

CONTRACTOR                                    BID AMOUNT

Agee Construction Corp                         $3,041,556.00

Don Berry Construction Inc.                   $3,216,860.60

Teichert Construction                            $3,229,023.00

Cal Valley Construction Inc.                   $3,361,247.84

Papich Construction Inc.                        $3,536,567.20

 

Engineer’s Estimate                            $3,065,262.00

 

28.           FOR INFORMATION ONLY: Bid Opening Results for the 2018 Road Repair and Accountability Act (RRAA) Project 2.

CONTRACTOR                                    BID AMOUNT

Agee Construction Corp                         $2,260,214.00

Teichert Construction                            $2,419,119.50

Don Berry Construction Inc.                   $2,448,410.40

Cal Valley Construction Inc.                   $2,717,850.87

Papich Construction Inc.                        $2,761,803.80

 

Engineer’s Estimate                            $2,326,947.50

 

Sheriff/Coroner

29.           Approve a capital asset purchase for a forensic computer in an amount not to exceed $21,000. Authorize the necessary budget adjustments (4/5ths vote required).

30.           Approve a capital asset purchase of a Food Chopper in an amount not to exceed $8,600. Authorize the necessary budget adjustments (4/5ths vote required).

31.           Ratify and accept a grant award agreement from the State of California, Board of State Community Corrections for funding in an amount not to exceed $327,437, retroactive from October 1, 2017 through December 31, 2018. Find that the Board had authority to enter into the proposed agreement as of October 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date. Ratify the Chairman’s signature on the agreement.

32.           Approve the submission of a grant application with First 5 Tulare County Grant Program for funding in an amount not to exceed $418,500, for the period of July 1, 2018 through June 30, 2021. Find that the Board had authority to submit the application by February 23, 2018, and that it was in the County’s best interest to submit the application on that date. Ratify the Chairman’s signature on the application.

33.           Approve a Memorandum of Understanding between the Tulare County Sheriff’s Office and Fresno County Sheriff’s Office to facilitate the transfer of Central Valley High Intensity Drug Trafficking Area funds effective upon signature of both parties and remaining in effect until grant funds are depleted.

34.           Approve an agreement with Huntington Court Reporters & Transcription, Inc., to provide transcription services in an amount not to exceed $45,000, retroactive from January 1, 2018 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of January 1, 2018 and that it was in the County’s best interest to enter into the agreement on that date.

35.           Approve an agreement with United States Department of Justice, Drug Enforcement Administration, for funding in an amount not to exceed $210,000, retroactive from October 1, 2017 through September 30, 2018. Find that the Board had authority to enter into the proposed agreement as of October 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

36.           Request from the Resource Management Agency to waive the second reading and adopt an ordinance amending Article 5 of Chapter 3, Part III of the Ordinance Code, pertaining to Parking Restrictions for Limited Periods. Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), 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 CEQA Title 14 CCR, Section 15061(b)(3) general rule exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA 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 County Clerk-Recorder. Amend Article 5 of Chapter 3, Part lll of the Ordinance Code of Tulare County Pertaining to Parking Restrictions for Limited Periods, by adding Section 3-03-1125(d) to establish a time limited parking restriction of “15 Minutes between 8 a.m. to 5 p.m." for 25 feet in front of the Post Office, on the east side of Main Street (D126A), at Davis Avenue (D119A) in Pixley. Authorize the installation of time limited parking restriction signs, and painting green, approximately 25 feet of curb in front of the Post Office. Direct the Clerk of the Board to publish the ordinance after adoption as required by law.

37.           Request from the General Services Agency to adopt a resolution by a 2/3 vote declaring the intent to lease a portion of the real property identified as Assessor’s Parcel Number 087-460-007, located at 800 S. Akers Street in Visalia and referred to as Tulare Akers North Parking Lot, on the terms and with the selection process. Approve April 3, 2018 at 9:00 AM as the date and time at which sealed proposals to lease the subject property will be received and considered by the Board. Authorize the County Administrative Officer, or his designee, to publish the Notice of Intent to Lease Real Property once a week for three consecutive weeks pursuant to Government Code § 25528 and §6063. Authorize the County Administrative Officer, or his designee, to send the General Plan Referral letter to the City of Visalia pursuant to Government Code §65402 regarding the proposed lease of the subject property. Appoint two Board members to review the proposals, assisted by staff, and make a subsequent recommendation to the Board of Supervisors.

38.           Request from the County Administrative Office to provide direction regarding the following options: Continue with the 19-year Closed Amortization Plan of the Unfunded Actuarial Accrued Liability (UAAL); Authorize the issuance of Pension Obligations Bonds in the amount of $250,000,000, $100,000,000, or any other amount; Authorize the establishment and funding of a Section 115 Trust in the amount of $3,000,000 or any other amount; Explore Tier V requirements; Explore Defined Contribution Plan requirements; and Pursue all or a combination of these financing options.

 (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 REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  NW Corner of Tulare Ave. and Akers St., Visalia, CA

Agency Negotiators:  Michael C. Spata, John Hess, Robert Newby

Negotiating Party or Parties:  To Be Determined       

Under Negotiation:  Price and Terms of Payment

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  NE Corner of Main Street and & Olive Avenue, Porterville, CA

Agency Negotiators:  Michael C. Spata, John Hess, Robert Newby

Negotiating Party or Parties: Paynter Realty & Investments and Sunny Basra 

Under Negotiation:  Price and Terms of Payment

ITEM C

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Thomas Bethurum v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ4330502

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Retha McGuire v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ3139137

ITEM F

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata

Employee Organizations:  All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees