(Public Comment Period)
1.
Recognize
Cheryl Perkins upon her retirement for her 42 years of County service.
2.
Present
Proclamation declaring September 2010 as Library Card Sign-Up Month in Tulare
County to encourage residents to sign up their children to get public library
cards.
3.
Presentation
given by Tina Terrel, Sequoia National Forest Service, regarding the Giant
Sequoia National Monument Draft Environmental Impact Statement.
4.
Presentation
regarding an update on LOOP bus services.
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 hold a
continued Public Hearing and deny the appeal filed by Robert J. Owen, thereby
upholding Zoning Administrator Decision No. 3002 denying Zone Variance No. PZV
08-027 (ZA) to allow the creation of a 0.37-acre homesite parcel from an
original parcel (4.70 acres) containing less acreage than required in the AE-10
(Exclusive Agricultural-10 acre minimum) Zone, on property located on the east side of Road 252 (Plano
Street), approximately 1,350 feet south of Scranton Avenue, south of
Porterville.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 31)
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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
8.
Approve
an agreement with Great-West Life & Annuity Insurance Company to adopt the
new Model 457 Deferred Compensation Plan Document for regular employees so that
the County's 457 Deferred Compensation plan document is brought into compliance
with all current federal legal requirements.
Approve an agreement with Great-West Life & Annuity Insurance Company
to adopt the Model 3121 Deferred Compensation Plan Document for extra help,
temporary and seasonal employees, so that the County's 3121 Deferred
Compensation plan document is brought into compliance with all current federal
legal requirements. Approve offering of
Loans under the 457 Plan, subject to meet and confer. Approve the implementation date for
Unrepresented Employees to be effective immediately. Authorize the Human Resources Department to
meet and confer with Bargaining Units on the impacts of the loan program. Approve an amendment to Agreement No. 20799
with Great-West Life & Annuity Insurance Company to allow Great-West to
administer loans for the 457 Plan and certain distributions to participants in
the 3121 Plan.
Board of Supervisors
9.
Ratify
a Proclamation honoring Linda Hanson-Wimp for 29 years of dedicated service to
Tulare County.
10.
Appoint
Pete Vander Poel to the Economic Development Corporation.
11.
Approve
calling the General Election for the position of the Third Member on the Tulare
County Employees' Retirement Board for the three (3) year term commencing
January 1, 2011. Adopt the election
procedures included in the Resolution for the Third Member.
12.
Approve
calling the General Election for the position of the Eighth Member and the
Alternate Retired Member on the Tulare County Employees' Retirement Board for
the three (3) year term commencing January 1, 2011. Adopt the election procedures included in the
Resolution for the Eighth Member. Adopt
the election procedures included in a separate Resolution for the Alternate
Retired Member.
Child Support Services
13.
Authorize
the Director of the Tulare County Department of Child Support Services to sign
the Plan of Cooperation with the California Department of Child Support
Services.
County Administrative Office
14.
Ratify
actions taken by the County Administrative Officer during the month of August
2010 regarding Good Works Funding Agreements.
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.
Re-appoint
Mary Thomas to the Tulare County Child Care Development and Planning Council in
the category of Community Representative for a two year term ending June 30,
2012; and direct the Clerk of the Board to recruit for the listed vacancies per
the provision of the Maddy Act.
17.
Authorize
the Tulare County Director of Mental Health to sign the County Certification
and submit the Mental Health Services Act, Community Services and Support Plan
(CSS) and Prevention and Early Intervention (PEI) Plan Update for Fiscal Year
2010/2011 to the State Department of Mental Health. Authorize the Tulare County Director of
Mental Health to accept additional funding of $12,193,700 upon approval of the
Plan Update by the State Department of Mental Health. Approve the necessary budget
adjustments. (4/5ths vote required)
18.
Approve
an amendment to Agreement No. 23897 with Delta Dental of California to extend
the ending date of the agreement from September 30, 2010 to October 31, 2010
for the provision of dental care services to eligible Healthy Kids program
members between the ages of 6 to 18. The
estimated maximum amount for this extension is $16,793.
19.
Approve
an amendment to Agreement No. 24415 with Tulare County Office of Education
(TCOE) in an amount not to exceed $111,000 to address prevention needs of
children and youth who exhibit a high rate of drinking behavior and whose
parents/caregivers are in substance abuse treatment, for the period of October
1, 2010 through 30, 2011.
20.
Ratify
and approve an amendment to Agreement No. 23288 with CF Merced LLC d.b.a.
Country Villa Merced Behavioral Health Center in an amount not to exceed
$814,000 to provide stabilization and long-term maintenance for mentally
disabled clients of Tulare County, retroactive to July 1, 2010 through June 30,
2011. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2010, and that it was in the
County's best interest to enter into the agreement on that date.
21.
Ratify
and approve an agreement with California State Association of Counties (CSAC)
in the amount not to exceed $120,850, related to the Welfare Client Data
Systems (WCDS) Consortium, retroactive to July 1, 2010 through June 30, 2011.
Find that the Board had authority to enter into the proposed agreement as of
July 1, 2010, and that it was in the County's best interest to enter into the
agreement on that date.
22.
Ratify
and approve an agreement with Staff Care, Inc. in an amount not to exceed
$750,000 to provide Locum Tenens Providers, retroactive to July 1, 2010 through
June 30, 2013. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2010, and that it
was in the County's best interest to enter into the agreement on that date.
23.
Ratify
and approve an agreement with the California Department of Public Health
(CDPH), Immunization Branch to receive funding in the amount of $55,000 to
develop and implement local and/or regional automated immunization information
and reminder systems, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2010, and that it was in the County's
best interest to enter into the agreement on that date.
24.
Ratify
and approve the renewal agreement with the California Department of Mental
Health (DMH), for providing State Hospital Bed Purchase and Usage, 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.
Probation
25.
Ratify
and approve an amendment to Agreement No. 21718 with Burton School District to
provide the services of a Probation Officer for the continued operation of the
Delinquency Prevention Program, retroactive to July 1, 2010 through June 30,
2011. Find that the Board had authority
to enter into the proposed amendment to agreement as of July 1, 2010, and that
it was in the County's best interest to enter into the agreement on that date.
Resource Management Agency
26.
Introduce
and waive the first reading of an Ordinance amending Chapter 1 of Part III of
the Tulare County Ordinance Code pertaining to speed limits. Direct the Clerk of the Board to publish a
summary and post a certified copy of the proposed Ordinance at least five (5)
days prior to adoption in accordance with Government Code Section 25124(b)(1).
27.
Ratify
and approve a Grant Agreement between the Federal Aviation Administration (FAA)
and the County for an FAA Airport Improvement Program (AIP) Grant, AIP Project
No. 3-06-0266-05, to fund the design and preparation of bid documents for the
Sequoia Field Airport Apron Rehabilitation Project, retroactive to August 30,
2010. Find that the Chairman of the
Board of Supervisors had authority to enter into the Grant Agreement as of
August 30, 2010, and it was in the County's best interest to enter into the
agreement on that date. Authorize the Resource
Management Agency (RMA) Director or designee to execute all grant documents
necessary to secure grant funds, reimbursements, and implement the approved
grant project.
28.
Approve
and award the contract for construction of Betty Drive - Avenue 312 Realignment
and Improvement Project Phase 2A to the to the lowest responsive and
responsible bidder, Construction Development Systems, of Fresno, California, in
the amount of $3,448,216. Authorize the Chairman
to sign the contract after 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 contractor's license. Allow funds in the amount of $344,822 (10%)
to cover unexpected construction conditions.
29.
Elect
to receive the "full county payment amount" in the amount of $819,790
from the Secure Rural Schools and Community Self-Determination Act of 2000. Designate eight percent (8%) of the
"full county payment amount" to Title II (Special Projects on Federal
Lands) and seven percent (7%) to Title III (County Funds) for Fiscal Year
2010/2011 and Fiscal Year 2011/2012.
Retirement
30.
Approve
and adopt the proposed revisions to Tulare County Employees' Retirement
Association Bylaws as approved by the Board of Retirement on August 11, 2010.
Sheriff/Coroner
31.
Ratify
and approve an amendment to Memorandum of Understanding No. 22231 with the
Superior Court of California for providing basic security services, retroactive
to July 1, 2010 through June 30, 2011.
Find that the Board had the authority to enter into the proposed
agreement as of July 1, 2010, and that it was in the County's best interest to
enter into the agreement on that date.
(Items Not Timed)
(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: 2
Appeal by
Robert J. Owen re Zoning Administrator denying Zone Variance No. PZV 08-027 to
allow creation of a 0.37-acre homesite parcel from an original parcel (4.70
acres) containing less than acreage required in the AE-10 Zone on property
located east of Road 252 (Plano Street), south of Porterville. Board of Supervisors
Agenda Item, Sept. 14, 2010.
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
Threats of
litigation in the public record regarding the proposed Tulare County General
Plan 2030 Update and Draft Environment Impact Report
Next Item(s)
Sitting as...
ITEM
C
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
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Martha Alaniz-Akin vs. County of Tulare
Workers'
Compensation Appeals Board Numbers: ADJ1834821, ADJ4457493, ADJ2969643,
ADJ1780086, ADJ240049
Next Item(s)
Sitting as...
ITEM
E
CONSIDER THE
DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:
Details
Public
Employee Discipline/Dismissal/Release pursuant to Government Code Section
54957, et seq.
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
