MEMBERS OF THE BOARD

 

KUYLER CROCKER – Chairman

District One

 

PETE VANDER POEL – Vice Chairman

District Two

 

AMY SHUKLIAN

District Three

 

EDDIE VALERO

District Four

 

DENNIS TOWNSEND

District Five

 

County Seal b&w

 

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

 

 

March 19, 2019

 

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 March 2019 as Social Work Month.

3.               Present Proclamation recognizing March 2019 as Child Abuse Prevention Month.

4.               Presentation of the Annual 2019 Calendar Art Contest.

5.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 38)

 

 

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

6.               Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for a Bee Safe Program. Approve an agreement with the California Department of Food and Agriculture (CDFA) for a Bee Safe Program, in an amount not to exceed $44,167.48, retroactive from November 15, 2018 through June 30, 2019. Approve the necessary budget adjustments (4/5ths vote required).

Auditor-Controller/Treasurer-Tax Collector

7.               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 4, 2019 through June 5, 2019, ending time to be staggered every 15 minutes starting at 10:00 a.m. on June 5, 2019. Authorize the re-offer of any parcel starting August 27, 2019 through August 28, 2019, that does not sell at the end of the June 2019 auction at a lower minimum bid amount [3698.5(c)]. Authorize a $5,000 deposit in order to register/bid (3693(b)(4).

8.               Authorize the sale, at Internet Auction, of the Lindsay Mission Estates (91 parcels) as a complete subdivision, 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 4, 2019 through June 5, 2019, ending time to be staggered every 15 minutes starting at 10:00 a.m. on June 5, 2019. Authorize the re-offer of the subdivision starting August 27, 2019 through August 28, 2019, if it does not sell at the end of the June 2019 auction at a lower minimum bid amount [§ 3698.5(c)].Authorize a $130,000 deposit in order to register/bid(§ 3693(b)(4).

Board of Supervisors

9.               Support the United States Mexico Canada Trade Agreement. Authorize the Chairman of the Board to sign onto the Letter in Support of the United States Mexico Canada Trade Agreement.

10.           Reappoint Jeffrey A. Nelson to the District 2 Seat on the Tulare County Fish and Wildlife Commission for a term ending September 4, 2020.

11.           Appoint Carlton Jones to the City of Tulare Representative Seat on the Tulare County Task Force on Homelessness for a term ending January 1, 2022.

12.           Appoint Brad L. Maaske to the District 4 Seat on the Assessment Appeals Board for a term ending September 6, 2021.

13.           Appoint Damaris Menchaca to the District 4 Seat on the Tulare County Animal Services Advisory Committee for a term ending January 1, 2022.

14.           Appoint Tim Lutz to the Health and Human Services Agency Member Seat on the First 5 Tulare County Board for a term ending at the Pleasure of the Board.

15.           Appoint Tim Lutz to the Health and Human Services Agency Director Seat on the Tulare County Task Force on Homelessness for a term ending January 1, 2020.

16.           Reappoint Gina Rizza to the At-Large Member Seat on the Tulare County Animal Services Advisory Committee for a term ending January 1, 2022.

17.           Reappoint Chris McLain to the City Law Enforcement Seat on the Step Up Committee for a term ending September 1, 2020.

18.           Reappoint Jamie London to the District 1 Seat on the Tulare County Animal Services Advisory Committee for a term ending January 1, 2022.

19.           Appoint Edward Needham to the Member 3 - Permanent Crop Farming Seat on the Agricultural Policy Advisory Committee for a term ending June 30, 2022.

General Services Agency

20.           Approve a capital asset purchase of a scanner and plotter in an amount not to exceed $8,700.

21.           Approve an amendment to Agreement No. 26997 with DLR Group to increase the contract amount by $127,000 from $3,300,543 to $3,427,543 for South County Detention Facility Architecture and Engineering Services.

22.           Approve an amendment to Agreement No. 27574 with Bernards Bros., Inc. to increase the agreement amount by $119,798 from $52,971,445 to $53,091,243 for the South County Detention Facility.

23.           Accept the work for construction of the Cutler Park Well Replacement Project as complete by JT2, Inc. DBA Todd Companies.

24.           Approve an amendment to Lease Agreement No. 25189 for 1819 N. Dinuba Blvd., Visalia with Fairway Properties, a California Limited Liability Company, to extend the lease term through March 31, 2022 and include two, three-year options to renew.

Health & Human Services Agency

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

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

27.           Ratify and authorize the submission of a Grant Application for the 2019 Pet Lovers Grant through the California Department of Food and Agriculture in the amount of $50,000 to offer a voucher program for spaying and neutering owned animals along with administering a feral cat/TNR program, effective February 14, 2019. Ratify the signature of the Board Chairman on the 2019 Pet Lovers Grant Application Cover Page.

28.           Approve an agreement with Regis College to allow nursing students to gain field experience through an internship program with the Tulare County Health and Human Services Agency effective March 19, 2019 through August 31, 2021. There are no costs associated with this agreement.

Human Resources & Development

29.           Approve a side letter agreement with the Service Employees International Union, Local 521 (SEIU) Bargaining Units 1, 2, 3, 4, 6, & 7 regarding language changes to the SEIU Memorandum of Understanding to comply with the U.S. Supreme Court decision of Janus v. AFSCME and Senate Bills 866 and 1085.

30.           Approve a side letter agreement with the Tulare County Professional Firefighters Association (TCPFA) Bargaining Unit 23 regarding agreement on various overtime and payroll related issues.

31.           Approve a side letter agreement with the Government Lawyer’s Association of Workers (G-LAW) Bargaining Unit 8 regarding language changes to the G-LAW Memorandum of Understanding to comply with the U.S. Supreme Court decision of Janus v. AFSCME and Senate Bill 866.

Resource Management Agency

32.           Approve the Measure R Program Supplement to Cooperative Agreement between the County of Tulare and the Tulare County Association of Governments to partially fund the preliminary engineering, environmental clearance and right-of-way engineering acquisition phases for the Avenue 256 & Road 204 Signalization and Rehabilitation Project, not to exceed $125,000.

33.           Approve a Program Supplement Agreement with the California Department of Transportation for the Design of the Avenue 364 over Cottonwood Creek Bridge Project in the amount of $620,000.

Sheriff/Coroner

34.           Approve payment of an invoice from InTime Services Inc. for a yearly subscription of law enforcement staff scheduling and timekeeping software retroactive from November 1, 2018 through October 31, 2019. Approve the necessary budget adjustments (4/5ths vote required).

35.           Approve the termination of Agreement No. 28824 with Alternative Services Inc. for the provision of Sheriffs Inmate Program counseling services, termination retroactive from March 15, 2019.

36.           Approve an increase of $2,010 for the capital asset purchase of a thermal imaging camera system bringing the total cost to $650,856. Approve the necessary budget adjustments (4/5ths vote required).

37.           Authorize the submission of a grant application for funding from the California Department of Alcohol Beverage Control for Fiscal Year 2019/20 for compliance by ABC licensees with laws regulating the sale of alcoholic beverages to minors in an amount up to $100,000.

38.           Approve an agreement for financial aid from the California State Parks Division of Boating and Waterways for Fiscal Year 2019/20 in an amount not to exceed $256,932 for the period of July 1, 2019 to June 30, 2020. 

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

39.           Request from the Public Defender Office to approve the Post-Retirement Employment of Chief Public Defender, Ben Smukler, as an Extra Help Attorney for the Public Defender Office, effective May 1, 2019. Waive the 180-day waiting period to return to work for the position.

40.           Request from the Sheriff's Office to introduce and waive the first reading of an ordinance amending or repealing Article 1 of Chapter 3 of Part II of the Tulare County Ordinance Code, pertaining to General Provisions of the use of Public Rivers and Streams, Article 5 of Chapter 3 of Part II of the Tulare County Ordinance Code, pertaining to Boating and Swimming on the Kings River, and Article 3 of Chapter 5 of Part II of the Tulare County Ordinance Code, pertaining to boating, water skiing and swimming. Set the second reading for April 2, 2019.

41.           Request from the County Counsel Office to introduce and waive the first reading of an ordinance adding section 170 to the General Provisions of the Ordinance Code of Tulare County, pertaining to claims and demands against the County and/or its officers or employees. Set the second reading for April 2, 2019.

42.           Request from the General Services Agency to introduce and waive the first reading of an ordinance adding Article 32 to Chapter 3 of Part I, and amending Sections 1-03-1070 and 1-03-1075 of Article 2 of Chapter 3 of Part I, of the Ordinance Code of Tulare County, pertaining to the establishment of a General Services Agency. Set the second reading for April 2, 2019.

43.           Request from the General Services Agency to declare, by at least a two-thirds vote, the intent to lease County owned real property consisting of 14.23 acres of farmland, located on the west side of Mooney Blvd,  mile south of Avenue 272, next to Government Plaza, in the City of Visalia, by approving a resolution authorizing the Clerk of the Board to advertise the lease terms delineated in Exhibit 2, Agricultural Lease Agreement. Approve April 9, 2019 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 of Supervisors. Authorize the County Administrative Officer, or his designee, to publish Exhibit 1 Notice of Intent to Lease Out Real Property once a week for three consecutive weeks pursuant to Government Code 25526 and 6063.

44.           Request from the General Services Agency to approve the bid protest filed by Forcum Mackey, Inc., determine that the bid submitted by Atkins Bergreen is materially non-responsive, and reject the bid submitted by Atkins Bergreen. Award the contract for the Fire Station No. 1 project to the lowest responsible and responsive bidder, Forcum Mackey, Inc., in the amount of $4,055,000. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, license verification, and contract subject to review and approval as to form by County Counsel.

45.           Request from the Clerk of the Board to award the contract for the Board Chambers Technology Upgrade Project to, Serban Sound and Communications, in the amount of $432,949. Authorize staff to use an additional ten percent or $43,294 as contingency. Approve the necessary budget adjustments (4/5ths vote required).

46.           Request from the County Administrative Office to receive the Mid-Year Budget Report for FY 2018/19. Approve the proposed schedule for preparation and adoption of the FY 2019/20 budget, which incorporates a rollover budget as the operating budget (including the Capital Projects budget) for the period between July 1, 2019, and adoption of the FY 2019/20 budget (4/5ths vote required). Adopt the personnel resolution to delete and amend positions and approve and amend the required job specifications and class designations stemming from the Mid-Year Budget Report subject to completion of meet and confer. Approve the capital asset purchase list. Authorize the Auditor-Controller/Treasurer-Tax Collector, with the concurrence of the County Administrative Officer, to process any budget adjustments stemming from the Mid-Year Budget Report (4/5ths vote required).

47.           1:30 PM STUDY SESSION:  Request from the County Administrative Office to provide direction to staff on the following topics:

1.  Review the Composition of the Defined Contribution Committee.

2. Draft Economic Development Study and Implementation Plan by Ken Hira.

 (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 – EXISTING LITIGATION

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

Name of Case:  JT2, Inc. v. County of Tulare, 

Tulare County Superior Court, VCU277191

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See the Agenda Item related to the Award of Contract for the Fire Station No. 1 public works project.  

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See today’s public agenda item pertaining to the ordinance to enact local claims requirements.

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  150 South I Street in Dinuba

Agency Negotiators:  John Hess and Robert Newby

Negotiating Party or Parties:  City of Dinuba

Under Negotiation:  Price and Terms of Payment

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  425 East Kern Street, Tulare, CA

Agency Negotiators:  John Hess and Robert Newby

Negotiating Party or Parties:  City of Tulare, State of California

Under Negotiation:  Price and Terms of Payment

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  420 N. Burke Street, Visalia, CA

Agency Negotiators:  John Hess and Robert Newby

Negotiating Party or Parties:  City of Visalia

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:  Davis v. City of Visalia, et al. 

Visalia Superior Court, Case No. VCU277158

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Ramos-Juarez, Vanessa v. Jason Duggan and 

County of Tulare, Tulare County Superior Court VCU275204

ITEM I

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. Unknown)

ITEM J

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.