(Public Comment Period)
1.
Recognize
Margie Flores upon her retirement for her 30 years of County service in the
Treasurer-Tax Collector's Office.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from Auditor-Controller/Treasurer-Tax Collector to
continue the Public Hearing to deny the appeal filed by Gary & Jeanne White
(owners of the White Horse Inn) regarding Transient Occupancy Tax and require
the White's to pay the total amount of taxes, penalties and interest due to the
County of Tulare in the amount of $4,414.36.
(Consent Calendar)
CONSENT CALENDAR (Number 5 through 46)
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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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Auditor-Controller/Registrar of Voters
5.
Review
and accept the Certified Statement of Vote as submitted by the Registrar of
Voters for those Offices/Measures for which the Board of Supervisors is the
Governing Body.
6.
Approve
the Candidate Statement Regulations and Printing Fees for the June 8, 2010
Primary Election, and the November 2, 2010 General Election. Require each candidate filing a statement to
pay the estimated cost in advance. The
estimated cost will be adjusted to actual upon completion of the Election. Candidates will be refunded or billed for the
difference. Limit each Candidate's
Statement to no more than 200 words for County Offices and 250 words for State
Offices.
Board of Supervisors
7.
Approve
the List of Appointive Offices and Regulatory Commissions and Advisory Boards,
Commissions, and Committees for vacancies on Boards and Commissions and Special
Districts occurring in 2010 for compliance with the Maddy Act. Authorize posting.
8.
Reappoint
Irma Rangel to the Tulare County Mental Health Board as Member At-Large, Seat 3
and Mae Brixey as Member At-Large, Seat 4 for terms ending December 31, 2012.
9.
Reappoint
Paulie Romero to the Tulare County Housing Authority as District 4, Regular
Commissioner and Ursula Ybarra as District 5, Regular Commissioner for terms
ending December 18, 2013.
10.
Appoint
the following In Lieu of Election for short terms ending December 2, 2011:
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Ducor Community Services District
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Ruth Martinez, Director
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East Orosi Community Services
District
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Katie Icho, Director
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Carmen Moreno, Director
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Poplar Community Services District
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Garry Maynard, Director
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11.
Appoint
the following In Lieu of Election for terms ending December 6, 2013:
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Ducor Community Services District
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Susan Avila, Director
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East Orosi Community Services
District
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Anna De Santiago, Director
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London Community Services District
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Sue Morgan, Director
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Celia R. Rodriguez, Director
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Cooperative Extension
12.
Authorize
the submission of a proposal for agreement with the California Department of
Food and Agriculture (CDFA) in the amount of up to $59,991 for providing
coordination of services in the support of Tulare County Weed Management Area
(TCWMA) activities at the Eastern Leading Edge of the Sierra Nevada Foothills
of Tulare County, effective from January 1, 2010 through December 31, 2011.
County Administrative Office
13.
Ratify
actions taken by the County Administrative Officer during the month of November
2009 regarding Good Works Funding Agreements.
14.
Accept
the Phase 1 Mooney Grove Park Bike and Trail Project as a completed
project. Authorize the Chairman of the
Board of Supervisors to sign the Notice of Completion for the subject
project. Direct the Clerk of the Board
of Supervisors to record the Notice of Completion for the subject project with
the office of the County Recorder.
15.
Accept
the History of Farm Labor and Agriculture Museum Project as a completed
project. Authorize the chairman of the
Board of Supervisors to sign the Notice of Completion for the subject project. Direct the Clerk of the Board of Supervisors
to record the Notice of Completion for the subject project with the office of
the County Recorder.
16.
Approve
an amendment to Agreement No. 22970 with Jay W. Powell to extend the term of
the agreement to December 30, 2011 for Conflict Public Defender services.
17.
Approve
the Memorandum of Understanding between the City of Dinuba, the County of
Tulare and the Judicial Council of California, Administrative Office of the
Courts to provide for the transfer of responsibility for funding and operation
of trial court facilities from the counties to the Judicial Council of
California, Administrative Office of the Courts. Authorize the Chairman to sign the
Agreements, subject to review and approval as to form by County Counsel.
District Attorney
18.
Authorize
acceptance of continued grant funding from the California Department of
Insurance for the Auto Insurance Fraud Prosecution Program in the amount of
$192,156 for Fiscal Year 2009/2010.
Ratify and approve the Grant Award Agreement and District Attorney Phil
Cline's signature on behalf of the Chairman, 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.
Health & Human Services Agency
19.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
20.
Ratify
and accept the award for additional funding in the amount of $10,000 from the
California Department of Public Health, Tuberculosis Control Branch, to support
tuberculosis prevention and control, retroactive to July 1, 2009 through June
30, 2010. Find that the Board had authority to accept the award as of July 1,
2009 and that it was in the County's best interest to accept the award on that
date. Approve the necessary budget adjustments per the AUD 308 budget
adjustment form (4/5ths vote required).
21.
Ratify
and approve an amendment to Agreement No. 21708 with Tulare Youth Services
Bureau, Inc. for the provision of mental health services to Tulare County
adolescents and children. 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.
22.
Ratify
and approve an amendment to Agreement No. 23518 (State Agreement No.
07-402-550) with the California Environmental Protection Agency for the
Aboveground Petroleum Storage Act Program and receive additional funds in the
amount of $9,668 for the APSA Program retroactive to January 1, 2008 through
March 1, 2011. Find that the Board had
authority to enter into the proposed agreement as of January 1, 2008 and that
it was in the County's best interest to enter into the agreement on that date.
23.
Ratify
and approve the Memorandum of Agreement with the State of California Department
of Public Health to coordinate placement of Cyanokit® in strategically placed
hospitals throughout California, retroactive to October 1, 2009 through
September 30, 2010. Find that the Board
had authority to enter into the proposed Memorandum of Agreement as of October
1, 2009 and that it was in the County's best interest to enter into the
Memorandum of Agreement on that date.
24.
Ratify
and approve the Comprehensive Agreement (State Agreement No. EPO 09-54) with
the California Department of Public Health, Emergency Preparedness Office for
the Public Health Emergency Preparedness Program totaling $1,553,597
retroactive to July 1, 2009 through August 9, 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. Approve the necessary budget
adjustments. (4/5ths vote)
25.
Ratify
and approve an agreement in the amount of $741,926 with the California
Department of Public Health for Centers for Disease Control and Prevention,
Public Health and Social Services Emergency Fund, PHER Phase III, Funding for
the Implementation of Pandemic (H1N1) 2009 Influenza Vaccination Campaign,
retroactive to July 31, 2009 through June 30, 2010. Find that the Board had the 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. Approve the necessary budget
adjustments. (4/5ths vote)
26.
Ratify
and approve an agreement with Nurse-Family Partnership for the Nurse-Family
Partnership Program to help first time mothers succeed, retroactive to July 1,
2009 through June 30, 2012. 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.
27.
Ratify
and approve an agreement with Turning Point of Central California, Inc. d.b.a.
Turning Point Youth Services in the amount of $186,231 Negotiated Net Amount
funding for the provision of alcohol and drug recovery and prevention services,
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.
28.
Approve
an agreement with Financial Marketing Concepts (FMC), Inc. to provide their
Coast2Coast RX discount pharmacy card for a term of one (1) year.
29.
Approve
an agreement with Aspiranet in the amount not to exceed $540,649 to provide
mental health services under the Mental Health Services Act Prevention and Early
Intervention, effective December 15, 2009, through June 30, 2011.
Human Resources & Development
30.
Approve
the classification change from Account Clerk (K) to Senior Account Clerk (K),
effective January 3, 2010.
Library
31.
Ratify
a grant application in the amount of $55,000 to the Institute for Museums and
Library Services to enhance educational programming offered by the Tulare
County Library and the Tulare County Museum.
Resource Management Agency
32.
Authorize
the submittal of two Federal Transit Act Section 5311 grant applications to
Caltrans in the amounts of $368,000 for 2009/2010 and $146,000 for 2010/2011
for cost reimbursement for transit operating expenses.
33.
Approve
and award a contract with MV Transportation, Inc. in the amount of $3,193,498
to provide transit management and operations of Tulare County Area Transit, for
the period of January 1, 2010 to June 30, 2012.
Allow funds for a contingency in the amount of $320,000 (10%) to cover
the cost of unexpected increase to transit service.
34.
Approve
the release of financial assurances following completion of reclamation at the
Dry Creek Mine Site to Sequoia Riverland Trust.
35.
Approve
the Measure R Program Supplement to Tulare County Transportation Cooperative
Agreement in the amount of $170,133 to allow the following: a) Transfer of
Measure R bike funds, in the amount of $30,000, to Tulare County's Local
Program fund, in accordance with the Measure R Expenditure Plan Guidelines; b)
Cost reimbursement, in the amount of $137,918, for shoulder widening project to
accommodate Class II bike lanes on the south side of Avenue 416 from Road 92 to
Road 124; and c) Cost reimbursement, in the amount of $2,215, for a bike signs
project on Avenue 280 between Visalia and Exeter.
36.
Approve
the Measure R Program Supplement to Tulare County Transportation Cooperative
Agreement, in the amount of $184,350, to allow the following: a) Transfer of Measure R Pedestrian funds, in
the amount of $154,350, to Tulare County's Local Program fund, in accordance
with the Measure R Expenditure Plan Guidelines; and b) Cost reimbursement for
design work, in the amount of $30,000, on future pedestrian projects.
37.
Approve
the Road Maintenance Agreement with the City of Visalia for operation and
maintenance of Akers Road (Road 100) from three-eights mile north of Riggin
Avenue (Avenue 312) north to Avenue 320 located in the County's jurisdiction.
38.
Approve
an Agreement in the amount of $900,000 with Self-Help Enterprises, Inc. to
provide financial assistance to first-time home buyers (approximately $825,000)
and to provide project management services (approximately $75,000) for
First-Time Homebuyer Mortgage Assistance Programs funded by Grant No.
08-CalHome-4913.
39.
Approve
the Temporary Water Services Contract with the United States Department of
Interior, Bureau of Reclamation for water services from the Central Valley
Project to the Cross Valley Canal.
Authorize the Resource Management Agency to do all things necessary and
proper to comply with the provisions of the Temporary Water Services Contract.
Direct the Clerk of the Board to provide a certified copy of the Resolution to
the Resource Management Agency.
40.
Approve
an agreement for Purchase of Property from Harmon D. Prine and Dorothy L. Prine
for the Road 80 Widening Project in the amount of $290,000. Approve Business Relocation and
Re-establishment expenses of up to $40,000 for the business at this
location. Authorize County Counsel to
sign the Grant Deed upon presentation. Authorize the Resource Management Agency
Director, or designee, to open an escrow and sign all documents to facilitate
the escrow for this acquisition. Direct the Auditor to draw a warrant in the
amount of $291,500 in favor of Chicago Title Company.
41.
Approve
a Resolution to support a partnership between the San Joaquin Valley Air
Pollution Control District and the San Joaquin Valley Clean Energy Organization
that would allow the San Joaquin Valley Clean Energy Partnership to apply for
the Energy Efficiency and Conservation Block Grant funding from the California
Energy Commission on behalf of the County of Tulare. Support and endorse the San Joaquin Valley
Clean Energy Partnership as an effective way to apply for and implement
cost-effective energy efficiency projects and activities under the Energy
Efficiency and Conservation Block Grant program to help meet long-term regional
economic and environmental goals.
Authorize the Resource Management Agency Director or designee to name a
staff member as the San Joaquin Valley Clean Energy Partnership's point of
contact for coordination and implementation of the County's Energy Efficiency
and Conservation Block Grant projects and activities.
42.
Authorize
the submission of an application for funding from the California Energy
Commission for The Energy Efficiency and Conservation Block Grant in the amount
of $826,271 less administrative fee to the San Joaquin Valley Clean Energy
Partnership. Authorize the Chairman to
sign all future documents necessary to secure funds, subject to review and
approval by County Counsel.
Sheriff/Coroner
43.
Authorize
the submission of a grant application in the amount of $300,000 to the
California Emergency Management Agency for continued funding under the Regional
Anti-Gang Intelligence-Led Policing Program to establish regional networks in
California to exchange information between gang suppression units of law
enforcement and to use this "intelligence" to foster more efficient
anti-gang activities.
44.
Approve
the establishment of a revolving checking account in the amount of $15,000 for
the Cal-MMet Drug Enforcement Program.
45.
Approve
a contract with NEC Corporation of America for the implementation of an
Automated Fingerprint Identification System (AFIS). Approve the purchase of software and hardware
to accomplish the implementation of the Automated Fingerprint Identification
System (AFIS). Authorize the Purchasing
Agent to waive the standard bidding process and purchase directly from NEC
Corporation.
Workforce Investment Board
46.
Appoint
David Crawford, Public Sector to the Workforce Investment Board of Directors
for a term ending May 31, 2010.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
47.
Request
from Human Resources & Development to authorize the Voluntary Time Off
Program for calendar years 2010 and 2011.
Approve the Program as set forth.
Approve the implementation date for Unrepresented Employees for January
31, 2010. Authorize the Human Resources
Department to meet and confer with Bargaining Units on the impacts of the
Voluntary Furlough Program.
48.
Receive
a presentation from Resource Management Agency regarding an overview of the
County of Tulare Transit Infrastructure Improvement Plan. Adopt the Transit Capital and Financial Plan
as an amendment to the 2008 Transit Development Plan.
49.
Request
from Resource Management Agency to approve the deletion of 12 allocated
positions from the Resource Management Agency.
Approve the deletions effective December 15, 2009, per the Personnel
Resolution. Direct the Resource
Management Agency and Human Resources and Development to initiate the County's
layoff process affecting the Building Inspection, Project Review, Custodial and
Building Maintenance Divisions effective January 15, 2010; the issuance of
notices of layoff; and meeting and conferring with the Union, SEIU.
(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: 1
Gary and
Jeanne White - Transient Occupancy Tax Appeal - Board of Supervisors Agenda
Item, December 15, 2009.
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Michael Clark vs. County of Tulare, et al, United States District Court
Eastern District of California - Fresno, Case Number: 1:09-CV-02106-LJO-GSA
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
Contract
dispute with PAAR
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: 4
Proposed Tulare County
General Plan 2030 Update and Draft Environmental Impact Report
Next Item(s)
Sitting as...
ITEM
E
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
F
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 017-183-003
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Fareed Odeh Saphieh
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
G
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...
ITEM
H
Special Timed Item from
1:30 p.m. to 5:00 p.m.
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Agricultural
Commissioner / Sealer - Weights & Measures
(Government
Code Section 54957.6)
Next Item(s)
Sitting as...
