(Public Comment Period)
1.
Presentation
given by Paul Yoder with Strategic Local Government Services regarding a State
legislative and budget update.
2.
Presentation
given by Angela Ruiz-Alvarez regarding an update on the Cutler-Orosi Step Up
Youth Center.
3.
Public
Comments.
4.
Board
of Supervisors matters.
(Consent
Calendar)
CONSENT CALENDAR (Number 5 through 22)
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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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Board of Supervisors
5.
Ratify
Proclamation Honoring Fresno Pacific University for its Commitment to Education
in Tulare County.
Cooperative Extension
6.
Ratify
and approve an agreement with the California Department of Food and Agriculture
in the amount of up to $4,095 for providing services in support of the Tulare
County Weed Management Area Project for control and eradication of Yellow
Starthistle at the eastern leading edge in the Sierra Nevada Foothills,
retroactive to August 1, 2009 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of August 1, 2009, and that it was in the
County's best interest to enter into the agreement on that date.
County Administrative Office
7.
Reaffirm
Resolution No. 2009-0728 declaring an emergency to waive the bid process for
the purchase of two hot water heating units.
Health & Human Services Agency
8.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
9.
Ratify
and approve an amendment to Agreement No. 23253 with AspiraNet to provide an
Intensive Treatment Foster Care Program as an alternative to more expensive
high-level group home placements, or where a child is at imminent risk of a
psychiatric placement and maintains the child in a family environment,
retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2009, and that it was in the
County's best interest to enter into the agreement on that date.
10.
Ratify
and approve an agreement with A.S.T.E.P., Inc. in the amount of $101,376 for
the provision of an alcohol and drug treatment program, retroactive to July 1,
2009 through June 30, 2010. Find that the Board had authority to enter into the
proposed agreement as of July 1, 2009, and that it was in the County's best
interest to enter into the agreement on that date.
11.
Ratify
and approve the Expedited Payment Agreement with the California Department of
Public Health to advance the amount of $134,216 for 25 percent of 2009/2010
H1N1 Supplemental Allocation for the Center for Disease Control and Prevention
Public Health Emergency Response Phase I & II, as well as the Pandemic
Influenza Healthcare Preparedness Improvements for States fund, retroactive to
July 31, 2009 through July 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 31, 2009, and that it was in the
County's best interest to enter into the agreement on that date.
12.
Approve
the County of Tulare and the City of Porterville Joint Powers Agreement for the
Recycle-Only Household Hazardous Waste Program, to divert household hazardous
waste from the solid waste stream, effective from October 1, 2009 through June
30, 2010.
13.
Adopt
the By-Laws of the Tulare County Ambulance Independent Compliance Committee.
Human Resources & Development
14.
Delete
the position of the Human Resources Information Systems Manager (Grade 236,
Step 5 $68,256), approve one new position and adopt the job specification of
Administrative Services Manager (At-Will), Salary Band 6. Incumbent to be
appointed to new position in band at $71,669; effective October 11, 2009. Delete the position of Employee Benefits
Manager (Grade 898, $69,568), add position of Employee Benefits Coordinator
(Grade 899, $63,244), reclassify and grant incumbent regular status to newly
titled position and Y-rate salary and benefits at current rate and adopt the
proposed job specification.
15.
Approve
an amendment to Resolution No. 2009-0777 which deletes the "salary
reduction" language and substitutes an "equivalent dollar value of
hour reductions to Attorney/Administrative Time or other similar paid leave
time" language in section "h" of the recommendation adopted by
the Board on September 15, 2009.
Probation
16.
Ratify
and approve an amendment to Agreement 23955 with U.S. Department of Justice,
retroactive to July 1, 2009 through June 30, 2010, for seized and forfeited
drug assets. Find that the Board had
authority to enter into the proposed amendment as of July 1, 2009, and that it
was in the County's best interest to enter into the Agreement on that date.
Purchasing
17.
Introduce
and waive the first reading of an Ordinance amending Sections 1-03-1290,
1-03-1305, 1-03-1310 and 1-03-1320 pertaining to the Purchasing Department of
the County of Tulare. Direct the Clerk of the Board to publish and post a
summary of the Ordinance before the second reading as required by law.
Resource Management Agency
18.
Ratify
and approve an amendment to Agreement No. 22795 with Water Dynamics to add
Seville Water Company to the list of water and sewer facilities to be operated
and maintained by Water Dynamics, retroactive to February 1, 2009. Find that the Board had the authority to
enter into the proposed agreement as of February 1, 2009, and that it was in
the County's best interest to enter into the agreement on that date.
19.
Authorize
the filing of a Notice of Partial Non-renewal for one (1) Land Conservation
Contract as provided in the Williamson Act. This request fulfills conditions
resulting from lot line adjustment for PNR 09-005- Williamson Act Contract No.
4725, Agricultural Preserve No. 1267, east of Ivanhoe (Dreo) (7.92 acres from
28.82). Approve the execution of an
amendment to Land Conservation Contract No. 4725 in the Williamson Act (Rick L.
and Patricia Dreo 7.92 acres, a portion of APN No. 110-080-044), as a condition
of approval for PNR 09-005.
Sheriff/Coroner
20.
Accept
Grant Award Funding in the amount of $141,963 from the U.S. Department of
Justice for Year 3 operation of the Cutler-Orosi Weed & Seed Program,
covering the period of October 1, 2009 through September 30, 2010. Approve the necessary budget
adjustments. (4/5ths vote)
21.
Ratify
and approve an Agreement with the U.S. Department of Justice in the amount of
$158,039 for the Fiscal Year 2009 Edward Byrne Memorial Justice Assistance
Program, retroactive to October 1, 2008 through September 30, 2012. Find that the Board had authority to enter
into the agreement on October 1, 2008, and that it was in the best interest of
the County to enter into the agreement on that date. Approve the necessary budget adjustments.
(4/5ths vote)
Workforce Investment Board
22.
Appoint
William DeLain as the Chairman to the Tulare County Workforce Investment Board,
Inc., Board of Directors.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
23.
Request
to accept and approve the recommendation of Human Resources & Development
and the Health Plan Advisory Group for Plan Year 2010 as follows: Direct County Counsel to prepare
documentation for the creation of a Joint Powers Authority, to be known as the
San Joaquin Valley Insurance Authority, contemplating the participation by the
County of Fresno to provide health and medical benefits for Fresno and Tulare
County employees. Direct County Counsel
to prepare, on a contingent basis, documentation for the creation of a Joint
Powers Authority between the County of Tulare and Tulare County In-Home Support
Services Public Authority. Authorize
Tulare County to participate in calendar 2010 in the following programs
scheduled to be provided by the San Joaquin Valley Insurance Authority - The
Preferred Provider four plan options bundled with vision, dental and life
insurance is proposed to maintain the same premium in 2010 as is in affect for
2009: a) Blue Cross Anthem for network access Administrative Services for County's
Medical Preferred Provider Options - maintenance of same benefit coverages and
incorporation of Walgreen's Pharmacy benefit - no increase in premium, b)
Walgreen's Pharmacy Benefit Manager (PBM) - included in medical premium, c)
Blue Cross Blue View Vision with a premium 30% below the Vision Service Plan
renewal quote, d) Renew with Delta Dental including a 4% increase in premium
over the current year, the cost of which, will be more than offset by the new
contract with Blue Cross for their vision benefit, e) Chimienti &
Associates/Hourglass Administration Direct Benefits Software Administration -
Maintains the same fee schedule of $6.50 per employee per month for 2010 and
through 2011; and, f) Terminate the contract with the Vision Service Plan. Authorize the renewal of the Long Term
Disability program with Standard of Oregon at no change in premium, remove the
LTD premium charge from the benefit amount of each employee participating in
the program and charge the premium directly to a designated line item in each
department or agency budget. Approve the
renewal of the Kaiser HMO including the billing and eligibility services from
Hourglass Admin Direct and authorize Kaiser HMO participants to waive vision
coverage from Blue Cross. The estimated
net premium increase for participation in the Kaiser Plan in 2010 will be
approximately 13%.
24.
Request
from Resource Management Agency to receive a report regarding the protest
letters received protesting the user fee increase proposed for the Tonyville
sewer zone of benefit in County Service Area 1.
Acknowledge that a written protest against the proposed user fee
increase was not received from a majority of the owners/tenants of the
properties affected by the proposed user fee increase in the Tonyville sewer
zone of benefit. Approve the user fees
identified in Exhibit A increasing the user fee for Tonyville sewer zone of
benefit effective retroactively to September 1, 2009.
(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: 5
Board of Supervisors
September 29, 2009 Agenda Item pertaining to the Rate Adjustment for Tonyville
Zone of Benefits in County Service Area 1.
Next Item(s)
Sitting as...
ITEM
B
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
C
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 2
Proposals
pertaining to Modification of the County
of Tulare's Williamson
Act Program, including but not limited to possible non-renewal of Williamson
Act contracts.
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 2
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 REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 119-080-024 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: George and Annabelle Pope
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-040-026
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Mark Welter
Under
Negotiation: Price and Terms of
Payment
Next Item(s) Sitting
as...
ITEM
H
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 119-810-008 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Southern California Edison
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-040-023 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Ava Baxley
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN149-210-008 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Catherine Baxley
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-040-043 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Daniel Wilson and Carol Wilson
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
L
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-020-003 (Portion)
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Eleanor Haddock
Under
Negotiation: Price and Terms of Payment
Next Item(s) Sitting
as...
ITEM
M
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
N
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Government-Lawyers Association of
Workers v. County
of Tulare
Unfair
Practice Charge Number SA-CE-617-M
Next Item(s)
Sitting as...
ITEM
0
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...
