(Public Comment Period)
1.
Proclaim
the week of May 18, 2009 as National Public Works Week.
2.
Recognize
Monache High School instructor Tony Grande and his students Lauren Hurt and
Christian Gomez for their efforts in creating a redesigned, more functional and
user friendly website for the Tulare County Library.
3.
Presentation
on the Alliance Program with Office Depot and other Government entities.
4.
Presentation
given by Imagine U on the progress of their new Children's Museum.
5.
Public
Comments.
6.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
7.
PUBLIC
HEARING: Request from the Resource Management
Agency to receive comments regarding the closeout of Tulare County Community
Development Block Grant Nos. 05-STBG-1563, 05-EDBG-1976 and 07-FREZ-2980. Authorize the Chairman of the Board to sign
the Final Grantee Performance reports.
Authorize the County Administrative Officer to sign the Final Closeout
Certification documents. Authorize
submittal of all signed closeout documents to the State Department of Housing
and Community Development.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 28)
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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.
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Agricultural Commissioner/Sealer
8.
Approve
an agreement with the California Department of Pesticide Regulation to provide
Pesticide Use Reports, effective July 1, 2009 through June 30, 2010. Authorize the Chairman to sign the Contractor
Certification Clauses.
Board of Supervisors
9.
Ratify
the following Proclamations: Honoring
Richard Gist as the Tulare Kiwanis' Farmer of the Year; and Recognizing the
Peace Officers' Memorial in Tulare County.
10.
Appoint
Joanne Ledbetter to the Tulare County Museum Board, Historical Society Member
for a term ending February 13, 2012.
11.
Reappoint
Shirley Salas to the Visalia Public Cemetery District for a term ending at Noon
on January 7, 2013.
12.
Appoint
Derek Williams to the San Joaquin Valley Air Pollution Control District
Citizens Advisory Committee as Industry/Agriculture Member for a term ending
January 13, 2012.
County Administrative Office
13.
Ratify
actions taken by the County Administrative Officer during the month of April
2009 regarding Personnel/Payroll Changes and Good Works Funding Agreements.
14.
Introduce
and waive the first reading of an Ordinance to add Section 1-03-1230 of Article
5 of Chapter 3 of Part 1 of the Tulare County Ordinance Code pertaining to the
establishment of an application fee in the amount of $30.00 for the Assessment
Appeals Board. Set the Public Hearing
for June 2, 2009 at 9:30 a.m.
Health & Human Services Agency
15.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
16.
Reaffirm
declaration of a local health emergency in Tulare County H1N1 Swine Influenza
Outbreak, Resolution No. 2009-0332 adopted May 5, 2009.
17.
Reappoint
the following individuals to the Tulare County Child Care Development and
Planning Council for terms ending June 30, 2011: Rita Jahnke, Consumer; Melissa
Prado, Consumer; Lenor Roman, Discretionary; and Victoria Wright, Child Care
Provider. Approve and accept the Identified Child Care Priorities submitted by
the Tulare County Child Care Development and Planning Council. Direct the Clerk of the Board to recruit for
the listed vacancies per the provisions of the Maddy Act.
18.
Authorization
to apply for grant funding in the amount $24,985 from the California Integrated
Waste Management Board (CIWMB) LEA EA20 to provide ongoing funding for a
portion of an Environmental Health Specialist position in the Solid Waste
Permitting and Enforcement Program.
19.
Ratify
and approve an amendment to Agreement No. 21583 with RX Relief Pharmacist
Specialists to increase the amount of the agreement $30,000 from $180,000 to
$210,000, retroactive to July 1, 2008 through June 30, 2009 and to extend the
term of the agreement to June 30, 2010 with a maximum amount payable for Fiscal
Year 2009/2010 of $180,000 to continue providing temporary qualified licensed
Pharmacists and Pharmacy Technicians to assist in staffing at Hillman Health
Center Pharmacy during vacancies, vacations, and illnesses. Find that the Board
had authority to enter into the proposed agreement as of July 1, 2008 and that
it was in the County's best interest to enter into the agreement on that date.
20.
Ratify
and approve the Central Valley Immunization Information System, Amended and
Restated Joint Exercise of Powers Agreement with the Counties of Fresno, Kern,
Kings, and Madera to create a regional immunization registry and to establish
the Central Valley Immunization Information System, retroactive to January 1,
2009. Find that the Board had authority to enter into the proposed agreement as
of January 1, 2009 and that it was in the County's best interest to enter into
the agreement on that date. Receive and approve the request from Diane Brown to
withdraw as the Alternate Commissioner from the Immunization Registry
Commission; and appoint Virginia McCabe, RN, Immunization Coordinator as Tulare
County's Alternate Commissioner to the Immunization Registry Commission.
21.
Approve
the Contractor Certification Clauses Form with the California Department of
Education, Nutrition Services Division to receive the contract for the Summer
Food Service Program designed to supplement the National School Lunch Program;
and to reimburse Tulare County Environmental Health Services Division for
conducting health and sanitation inspections in accordance with State and local
environmental health standards of the food service facilities within Tulare
County that prepare and serve meals during summer vacation.
Probation
22.
Authorize
the submission of a grant application to the California Department of Education
for the Equipment Assistance Grant Program funded by the American Recovery and
Reinvestment Act of 2009 to improve the infrastructure in the National School
Lunch Program.
23.
Authorize
the submission of an application to receive and utilize federal grant funds
available through the Juvenile Accountability Block Grants Program administered
by the Corrections Standards Authority to offset the costs of one (1) full-time
Probation Officer III to focus on juvenile gangs and juvenile crime. Agree to provide all matching funds required
for said project, and abide by the statutes and regulations governing the JABG
Program as well as the terms and conditions of the Grant Agreement.
24.
Approve
an amendment to Agreement No. 20861 with Community Services & Employment
Training, Inc. to provide direct services to both youth and their families
which have been referred to Neighborhood Accountability Boards not to exceed
$123,000 for the term July 1, 2009 through June 30, 2010.
Resource Management Agency
25.
Ratify
and approve the Contract among Kern County Water Agency and various parties for
the Operation of the Cross Valley Canal, and extension and Intertie between
Tulare County and Kern County Water Agency (for itself and on behalf of its
Improvement District No. 4): Cawelo
Water District; Rosedale-Rio Bravo Water Storage District; Rag Gulch Water
District; Kern-Tulare Water District; Arvin-Edison Water Storage District; Kern
Delta Water District; Fresno County; Hills Valley Irrigation District;
Tri-Valley Water District; Pixley Irrigation District; and Lower Tule River
Irrigation District. Ratify and approve
the Contract among Kern County Water and various parties for the Construction
of the Expansion of the Cross Valley Canal between Tulare County and Kern
County Water Agency (for itself and on behalf of its Improvement District No.
4): Cawelo Water District; Rosedale-Rio Bravo Water Storage District; Rag Gulch
Water District; Kern-Tulare Water District; Arvin-Edison Water Storage
District; Kern Delta Water District; Fresno County; Hills Valley Irrigation
District; Tri-Valley Water District; Pixley Irrigation District; and Lower Tule
River Irrigation District. Ratify and
approve the Agreement between the members of the Fresno-Tulare Group of Cross
Valley Canal Contractors to jointly represent its respective percentages in
various Cross Valley Canal activities between Tulare County and the Lower Tule
River Irrigation District, Pixley Irrigation District, Hills Valley Irrigation District,
Fresno County, and Tri-Valley Water District.
Ratify and approve the Agreement between certain Cross Valley Canal
Contractors to jointly engage Legal Counsel in various Cross Valley Canal
matters between Tulare County and the Lower Tule River Irrigation District,
Pixley Irrigation District, Hills Valley Irrigation District, Tri-Valley Water
District and Fresno County. Find that
the Board had authority to enter into the four (4) referenced Contracts and
Agreements at the time that they were originally proposed and prepared and that
it was in the County's best interest to enter into the Contracts and Agreements
on those dates.
26.
Approve
an agreement with the State of California, acting by and through the Department
of Transportation, for the exchange of Federal Transportation project funds
amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year
2008/2009. Accept the $100,000 from the
State as matching funds.
Sheriff/Coroner
27.
Ratify
and approve an amendment to Agreement No. 23051 with the United States Forest
Service to provide law enforcement services on National Forest Service land,
retroactive to October 1, 2008 through September 30, 2009. Find that the Board had the authority to
enter into the proposed agreement as of October 1, 2008, and that it was in the
County's best interest to enter into the agreement on that date.
28.
Ratify
and approve an amendment to Agreement No. 23119 with the United States Army
Corps of Engineers for law enforcement services at Kaweah Lake Recreation Area,
retroactive to May 1, 2009 through September 7, 2009. Find that the Board had the authority to
enter into the proposed agreement as of May 1, 2009, 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
29.
Request
from County Administrative Office - Capital Projects to deny the bid protest
from Fryer Roofing for the Government Plaza Roofing Project. Award the contract to the lowest responsible
bidder, Tri-Counties Roofing Company, Inc., 322 N. Bridge Street, Visalia, CA
in the amount of $233,691. 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.
30.
Request
from Health and Human Services Agency to establish an Independent Compliance
Committee and approve the composition of the Committee as identified to oversee
the appeals process on response time performance, make recommendations to the
Board of Supervisors regarding allocation of liquidated damages, and advise the
Board of Supervisors on matters relating to the performance under the provider
agreements for Emergency Medical Services in Tulare County.
31.
Receive
a presentation regarding the success and continued operations of the
Transitional Age Youth (TAY) Housing program.
32.
Request
from Resource Management Agency to receive a report on the current status of
the Tulare County 2009 Housing Element Update (General Plan Amendment No. GPA
09-002).
(Closed Session)
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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
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CLOSED SESSION
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
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 3
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 1
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: 4
Proposed Tulare County
General Plan 2030 Update and Draft Environmental Impact Report
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 1
Bid
protest and possible awarding of Government Plaza Roofing Contract. Board of
Supervisors Agenda, May 19, 2009.
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: Unknown
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Paula Salyer v. County
of Tulare
Workers'
Compensation Appeals Board Number FRE-0217179
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Service Employees International
Union Local 521 v. County
of Tulare
Unfair
Practice Charge Number SA-Ce-559-M
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(a)]
Name of
Case: County of Tulare
v. Judicial Council of California, et al
Sacramento County
Superior Court Case Number 07AS00376
Third
District Court of Appeals Case Number C060856
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley and Jean M. Rousseau
Employee
Organization: All Certified Employee Organizations
Unrepresented
Employees: All Unrepresented Employees except Elected
Next Item(s)
Sitting as...
Sitting as the Tulare
County IHSS Public
Authority Board
ITEM
K
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley
and Jean M. Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
