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

 

 

 

 

JASON T. BRITT

County Administrative Officer

 

DEANNE H. PETERSON

County Counsel


MELINDA BENTON

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

November 6, 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: bosagendas.co.tulare.ca.us

 

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.               Present Proclamation recognizing the month of November 2018 as "Adoption Awareness Month" in Tulare County.

3.               Present Proclamation recognizing November 11, 2018 through November 17, 2018 as Nurse Practitioner Week in Tulare County.

4.               Present Proclamation recognizing November 26, 2018 through November 30, 2018 as Clerk of the Board of Supervisors Week.

5.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

6.               PUBLIC HEARING:  Request from the Resource Management Agency to certify and adopt the Planning Commissions recommendation for the Final Environmental Impact Report (EIR) for the proposed Tentative Subdivision Map and Final Site Plan and adopt the Mitigation Monitoring Reporting Program pursuant to, the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. Adopt the Planning Commissions recommendations and findings of approval for the Tentative Subdivision Map / Final Site Plan for the division of 125 acres comprised of eight parcels into 43 single-family residential lots ranging in size from 2.5 acres to 4.20 acres in the PD-F-M (Planned Development-Foothill Combining-Special Mobilehome) Zone, located west of Road 220 and north of Avenue 360, northeast of the City of Woodlake.

(Consent Calendar)

CONSENT CALENDAR (Numbers 7 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.

 

Board of Supervisors

7.               Approve the In Lieu of Election short-term appointments where no one has filed a declaration of candidacy for boards of Special Districts for terms ending December 4, 2020 as indicated on Attachment A. Approve the In Lieu of Election full-term appointments where no one has filed a declaration of candidacy for boards of Special Districts for terms ending December 2, 2022 as indicated on Attachment B.

8.               Appoint Betsy McGovern-Garcia to the Affordable Housing Developer Representative Seat on the Tulare County Task Force on Homelessness for a term ending January 1, 2020.

County Administrative Office

9.               Accept a voluntary waiver from the Extra Help Associate Health and Human Services Agency Director, in her sole discretion, of any and all compensation or fee that would otherwise have been paid to her pursuant to her acceptance of the position, effective upon her start date of October 21, 2018.

County Counsel/Risk Management

10.           Approve an agreement for Legal Services between the Tulare Public Cemetery District and the County of Tulare. Authorize the County Counsel to execute the Agreement on behalf of the County.

11.           Approve a payment to Sophus Consulting, Inc. in the amount of $243.75 for software support services performed on July 2, 2018.

General Services Agency

12.           Approve a Ground Lease Agreement with Paloma Development Co. Inc., for 2.26 acres of 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.

13.           Approve an amendment to Lease Agreement No. 27991 with John F. George and Donna Taber George for property located at 6500 S. Mooney Blvd., Ste. D., Visalia, CA, to reduce the square footage leased retroactive to November 1, 2018.

Health & Human Services Agency

14.           Approve an amendment to Agreement No. 28448 with Psynergy Programs, Inc., for the provision of residential and specialty mental health services, effective November 6, 2018 through June 30, 2019.

15.           Authorize and direct the Auditor-Controller/Treasurer-Tax Collector to open a Collective Account with Union Bank titled County of Tulare Health and Human Services Agency, Child Welfare Services Representative Payee Account for Social Security Administration Beneficiaries, for the purpose of collecting and managing Social Security funds for beneficiaries in accordance with Social Security Administration regulations and audit requirements.

16.           Proclaim the termination of the Local Emergency due to Critical Shortage of Health Care Facilities.

17.           Authorize the Tulare County Auditor to issue payment on behalf of the Tulare County Health and Human Services Agency, Mental Health Branch to the Housing Authority of Tulare County to complete the renovation and enhancement of the Transitional Living Center in an amount not to exceed $225,000.

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 an amendment to Agreement No. 28599 with Agiloft, Inc. for the provision of contract management system software in an amount not to exceed $65,000, effective November 6, 2018 through May 22, 2019.

Information & Communications Technology

21.           Approve an agreement with SAP Public Services, Inc., to provide maintenance and support for the Business Objects Platform Analytical Suite in an amount not to exceed $149,200, effective December 22, 2018 through December 21, 2019.

22.           Approve an agreement with Environmental Systems Research Institute, Inc. (ESRI), to provide software training to TCiCT staff effective November 6, 2018 through November 6, 2019.

Registrar of Voters

23.           Approve the In Lieu of Election short-term appointments where one person has filed a declaration of candidacy for boards of Special Districts for terms ending December 4, 2020. Approve the In Lieu of Election full-term appointments where one person has filed a declaration of candidacy for boards of Special Districts for terms ending December 2, 2022.

Resource Management Agency

24.           Adopt California Department of Transportation’s (Caltrans) Local Assistance Procedures Manual Chapter 10, “Consultant Selection,” as amended, as the process to be followed by Tulare County for the procurement of engineering and/or design-related services for local projects receiving federal-aid or state funds from a Federal-aid Highway Program or State-only Funded Program to ensure compliance with state and federal statutes.

25.           Approve an agreement with Drake Haglan and Associates  to provide Professional Engineering Consulting Services for the Avenue 108 over Lakeland Canal Bridge Project for an amount not to exceed $433,080, effective November 6, 2018 through June 30, 2024.

26.           Approve an amendment to Agreement No. 28298 with AECOM Technical Services, Inc. to extend the term of the agreement to March 31, 2019 for Engineering Consulting Services for the Traver Community Wastewater System Improvements.

27.           Authorize the 2018 Fixed Asset Purchase of Traffic Safety Devices for six (6) locations. Adopt a Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines for the 2018 Fixed Asset Purchase of Traffic Safety Devices. Approve the necessary budget adjustments (4/5ths vote required).

28.           Approve an agreement with RMA GeoScience, Inc. to provide material testing and inspection services for construction of the Bear Creek Road over Rancheria Creek Bridge Project in an amount not to exceed $30,000, effective November 6, 2018 through June 30, 2020.

29.           Approve an agreement with TRC Engineers, Inc. to provide Professional Engineering Consulting Services for the Avenue 428 over Sand Creek Bridge Project in an amount not to exceed $522,738, effective November 6, 2018 through June 30, 2024.

30.           Authorize the filing of a Notice of Partial Non-Renewal for the following Land Conservation Contract, and Farmland Security Zone Contract, as provided in the Williamson Act and approve the execution of the amendments to the Land Conservation Contract and Farmland Security Zone Contract as condition of approval for the aforementioned Partial Non-Renewals. PNR 08-006  Williamson Act Contract No. 3145, Ag Preserve No. 0493, located on the north side of Avenue 416, approximately  mile west of the intersection of Avenue 416 and Road 152, east of East Orosi (APNs 035-230-019, and 035-230-020) (Roger William Norton Revocable Trust  Roger William Norton, Trustee, and  James J. Cotter Estate  David Glenn Roth, Present of Estate) (1.43 acres to be non-renewed as a condition of Lot Line Adjustment PLA 07-068) (28.23 acres subject to contract amendment). PNR 05-029  Williamson Act Farmland Security Zone Contract No. 20434, Farmland Security Zone No. 1010, located on the north side of Avenue 208, approximately 500 feet east of the intersection of Road 196 and Avenue 208, southwest of Lindsay (APNs 214-020-018 and 214-020-019) (Tower Citrus, LLC (Owners: Margaret Susan Sharp, Lewis Inman Sharp III, Lewis Inman Sharp IV, Victoria A. Sharp, and Bruce Bassett)) (1.0 acre to be non-renewed, and 27 acres subject to Farmland Security Zone Contract amendment).

31.           Authorize the filing of a Notice of Partial Non-Renewal for the following Land Conservation Contract, as provided in the Williamson Act and approve the execution of the amendment to the Land Conservation Contract as condition of approval for the aforementioned Partial Non-Renewal. PNR 08-022  Williamson Act Contract No. 6236, Ag Preserve No. 2020, located on the west side of Road 52 approximately 1,300 feet south of the intersection of Avenue 424 and Road 52, west of Dinuba (APN 012-150-043, and 012-150-043), (Arthur R. and Kristine F. Laemmlen, and E L Properties, LLC) (1.64 acres to be non-renewed as a condition of Tentative Parcel Map No. PPM 08-042) (27.56 acres subject to contract amendment).  Approve the execution of an amendment to one (1) additional Land Conservation Contract as required by a condition of approval for the following project: PLA 09-008  Williamson Act Contract No. 14439, Agricultural Preserve No.4289, located on the east side of Road 56, approximately 660 feet south of the intersection of Avenue 416 and Road 56, west of Dinuba, (APN 012-230-054) (Constance Wiebe Isaac) (34 acres subject to contract amendment as a condition of Lot Line Adjustment PLA 09-008).

32.           Authorize the filing of four Notices of Partial Non-Renewal for the following four Land Conservation Contracts, as provided in the Williamson Act and approve the execution of amendments to the Land Conservation Contracts, as conditions of approval for the aforementioned Partial Non-Renewals.  WAN 18-008  Williamson Act Contract No. 20473, Ag Preserve No. 9001026 (Farmland Security Zone), on both sides of Burr Drive, south of Avenue 248, northeast of Lindsay (APNs 142-290-004 & 142-300-008) (Charles H. and Sherraine R. Sheldon) (1.80 acres to be non-renewed as a condition of PPM 18-011.) (49.82 acres subject to contract amendment.) WAN 18-010  Williamson Act Contract No. 6290, Ag Preserve No. 2033, on the southwest corner of Avenue 216 and Road 248, southeast of Lindsay (APN 216-040-003) (Donald Gene Tsuboi) (1.61 acres to be non-renewed as a condition of PPM 18-030.) (19.99 acres subject to contract amendment.) WAN 18-011  Williamson Act Contract No. 20962, Ag Preserve No. 4412, on west side of Road 52, approximately 0.36 miles south of Avenue 432, northwest of Dinuba (APN 012-130-023) (Leticia Escoto and Robert Tevendale) (1.26 acres to be non-renewed as a condition of PPM 18-013.) (19.4 acres subject to contract amendment. WAN 18-012  Williamson Act Contract No. 14556, Ag Preserve No. 4092, on the south side of Avenue 408, at the intersection with Road 70, south of Dinuba (APN 029-140-039) (John F. and Deborah Lynn Hurley) (1.17 acres to be non-renewed as a condition of PPM 18-024.) (21.66 acres subject to contract amendment.). Approve the execution of an amendment to one (1) Land Conservation  Contract as required by a condition of approval for the following project: PPM 18-020  Williamson Act Contract No. 3529, Ag Preserve No. 0782, located on the north side of Avenue 200, between Road 164 and Road 68, near Plainview (APNs 198-070-009 & -010, 198-060-011), (Kenneth Glover, Shirley Adams Glover, and Carla Guinn Glover) (180.75 acres subject to contract amendment).

33.           Authorize submittal of FY 2019/20 Caltrans Sustainable Transportation Planning and Adaptation Planning Grant applications with minor refinements as necessary in the amount of $350,000 to prepare Complete Streets Policy Plans for the following Communities: East Porterville Unincorporated UDB, Plainview, London, Lindsay Unincorporated UAB, Matheny Tract, West Goshen, Goshen (update) and East Tulare Villa.

Sheriff/Coroner

34.           Approve an agreement with Axon Enterprise, Inc., to purchase body worn and fleet cameras, taser weapons, signal devices and additional licensing in an amount not to exceed $3,937,818, effective December 15, 2018 through December 15, 2023. This agreement shall replace and supersede Agreement Nos. 27468, 27469, and 27470.

Workforce Investment Board

35.           Approve the budget adjustment of $13,808 to increase the Workforce Investment Board of Tulare County (WIB) funding for services provided relating to the Linking to Employment Activities Pre-Release (LEAP) Grant (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

36.           Request from the Information & Communications Technology Department to approve a Personnel Resolution to increase the position allocation by adding 1.0 FTE Fiscal Manager position and delete 1.0 FTE Funding Specialist position, effective November 11, 2018.

37.           Request from the Resource Management Agency to approve and award a contract with MV Public Transportation, Inc. in the amount of $9,623,018 to provide transit management and operation of Tulare County Area Transit, for the period of November 6, 2018 to June 30, 2022. Allow funds for a contingency in the amount of $962,302 (10%) to cover the cost of unexpected increase to transit service.

38.           Request from the Resource Management Agency to approve General Plan Initiation No. GPI 18-003 to authorize the applicant, Eric Lofstedt, to file an application for a General Plan Amendment to change the land use designation from Agriculture to Rural Residential on one 7.52-acre parcel located on the west side of Road 180 (Cornucopia) and approximately 1,100 feet south of Avenue 276 (Firebaugh), west of Exeter. Assessor Parcel Number 133-080-017.  

39.           Request from the General Services Agency to approve the Request for Proposal (RFP) for the Board Chambers Technology Upgrade Project. Set the due date for the project submissions by 5:00 p.m. on Thursday, December 13, 2018.

40.           Request from the Probation Department to approve consolidation of the Probation Youth Facility Program into the Juvenile Detention Facility. Approve re-purposing of the Youth Facility Building as Probation Service Center- North.

41.           Request from the General Services Agency to award the contract for the Probation Vocational Education Building to the lowest responsible and responsive bidder, Atkins Bergreen, Inc., in the amount of $1,432,700. Deny the bid protest filed by Seals Construction, Inc.

 (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

Please see today’s Agenda Item related to Antelope Valley (Redfield) Subdivision Project; Final Environmental Impact Report, Tentative Tract Map, and Final Site Plan for Ronald Redfield contains the relevant facts.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Please see today’s agenda item regarding the awarding of the contract for the Probation Vocational Education Building.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Contractor Bernard Bros., Inc. has filed a disputed claim for additional compensation and relief from liquidated damages related to delays in its construction of the County’s South County Detention Facility in Porterville.

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  800 South Akers Street, 087-460-007

Agency Negotiators:    John Hess

Negotiating Party or Parties:  Paloma Development Co.

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:  Todd Fries v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ10483651

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM G

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  HEALTH & HUMAN SERVICES AGENCY DIRECTOR

ITEM H

CONFERENCE WITH LABOR NEGOTIATOR 

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Jason T. Britt 

Employee Organizations:  All Certified Employee Organizations        

Unrepresented Employees:  All Unrepresented Employees.