MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX 

District Three

 

J. STEVEN WORTHLEY 

District Four

 

MIKE ENNIS -  Chairman

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898


 

March 15, 2011

 

9:00 A.M. Board Convenes

 

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)

 

1.                  Presentation of the Annual Calendar Art Contest.  Declare March 7-11, 2011 as National Ag Week.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 (Consent Calendar)

CONSENT CALENDAR (Number 4 through 17)

 

 

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

4.                  Ratify, approve and authorize the Chairman to sign an Application for Federal Assistance retroactive to December 1, 2010 through November 30, 2011.  Ratify and approve an agreement with the United States Department of Agriculture for a total grant award of $1,000,000 for the continuation of the Area Wide Glassy-winged Sharpshooter Management Program, retroactive to December 1, 2010 through November 30, 2011.  Find that the Board had authority to enter into the proposed agreement as of December 1, 2010, and that it was in the County's best interest to enter into the agreement on that date.  Authorize and empower the Chairman of the Board, pursuant to resolution, to execute and sign all grant related documents necessary to secure grant funds and implement the approved grant project.

Board of Supervisors

5.                  Ratify the following Proclamations:  Recognizing Southern California Edison for its efforts to construct Porterville's Solar Generating Station; and Honoring the City of Exeter on its 100th Anniversary.

6.                  Approve a Resolution in support of the Naval Air Station Lemoore being the homebase for the Joint Strike Fighter.

7.                  Reappoint Christine Foster to the San Joaquin Valley Air Pollution Control Citizens Advisory Committee as Environmental Representative for a term ending January 31, 2014.

County Administrative Office

8.                  Ratify actions taken by the County Administrative Officer during the month of January 2011 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

County Counsel/Risk Management

9.                  Authorize Risk Management to deposit $250,000 in each of two trust accounts with CorVel Corporation, the County's Workers' Compensation Claim Administrator, to provide an amount sufficient to make benefit payments, pay medical bills and issue settlement proceeds for a 30 day period and to be replenished on an on-going basis.  Authorize Risk Management to replenish the fund as depleted.

 

Information Technology

10.             Approve an agreement with Sciforma, Inc. for technology enhancements and associated projected costs $213,000 for a Project Management System.  Approve the necessary budget adjustments.  (4/5ths vote required)

Library

11.             Ratify the submittal of a grant application to the State Library of California and accept a grant award for a Library Services and Technology Act Grant to place book vending machines in the Workforce Investment Board One Stops in Visalia and Dinuba.  Authorize the purchase of two (2) Book Vending machines and waive the Competitive Bid Requirement as Public Information Kiosk, Inc. is the sole source for this unique product.  Approve the necessary budget adjustments.  (4/5ths vote required)

Resource Management Agency

12.             Affirm the Annual Jackass Mail Run to be held during the month of April of each year in the City of Porterville and community of Springville.  Affirm the Jackass Mail Run to be an on-going event for future years until such time as conditions of the parade and/or the parade route change.

13.             Approve and award the contract to the lowest responsive and responsible bidder, BMY Construction Group, Inc. of Fresno, California, in the amount of $3,689,569 for construction of the Visalia Landfill Entrance Facility and Recycling Center.  Authorize the Chairman to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License.  Allow funds for a contingency in the amount of $368,957 (10%) to cover unexpected construction conditions and construction engineering.

14.             FOR INFORMATION ONLY:  Bid Opening results for the Construction of Road 80 (Phase 2) from Avenue 384 to Avenue 416.

Contractor

Amount

Emmetts Excavation, Inc.

 $       14,005,668.50

Teichert Construction

 $       14,247,559.00

Construction Development Systems

 $       14,627,463.19

Agee Construction Corp.

 $       15,219,836.25

RJ Berry Jr. Inc.

 $       15,362,684.22

Menefee Construction

 $       15,898,249.40

Granite Construction Company

 $       15,920,360.00

American Paving Company

 $       15,987,326.00

Lees Paving, Inc.

 $       17,014,859.10

 

 

Engineers Estimate

 $       16,491,599.11

 

 

15.             Approve and award the contract to the lowest responsive and responsible bidder, Emmetts Excavation, Inc of Clovis, California, in the amount of $14,005,668.50 for construction of Road 80 Phase 2 from Avenue 384 to Avenue 416.  Authorize the Chairman to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License.  Allow funds for a contingency in the amount of $1,400,567 (10%) to cover unexpected construction conditions and construction engineering.

16.             Approve the Program Supplement No. H43 to Agreement No. 23634 with the State of California, Department of Transportation for funding the construction of Road 80 from Avenue 328 to south of the St. John River.  Authorize the Chairman to sign the Program Supplement.

17.             Approve the Pipeline Development Agreement with Alta Irrigation District for pipeline and culvert replacement and extensions for the Road 80 Phase 2 Widening Project from south of Avenue 416 (El Monte Way) in the City of Dinuba to Avenue 384 and authorize the Chairman to sign said agreement, subject to review and approval as to form by County Counsel.  Approve the Joint Escrow Instructions with Alta Irrigation District and authorize the Chairman to sign said letter to Fresno Escrow Corporation containing said instructions, subject to review and approval as to form by County Counsel.  Approve the deposit of $197,437 into an escrow account at Fresno Escrow Corporation under the terms of the Pipeline Development Agreement and Joint Escrow Instructions.

(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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  Genevieve Rodriguez vs. County of Tulare, et al. US District Court Case No. 1:09-CV-09-0940 LJO SKO

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  Michael Yocum v. County of Tulare

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9 (b)(1).)

Number of Potential Cases: 5

James Van Valkenberg, Musa Saleem, Donny Y. Earp,

Elodia Lopez, Mario Lopez, III, Michael Lopez & The Estate of Mario Lopez

Vanessa Guerrero

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative:  Rhonda Sjostrom, Jean Rousseau

Employee Organization:  All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees except Elected

Next Item(s) Sitting as...