(Public Comment Period)
1.
Swearing-in
Ceremony for Supervisor J. Steven Worthley; Supervisor Mike Ennis; Rita
Woodard, Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters; Bill
Wittman, Sheriff; Roland Hill, Assessor/Clerk-Recorder; and Phillip Cline, District Attorney by the
Honorable Melinda Reed, Presiding Judge.
2.
Election
of the Chairman and Vice Chairman of the Board of Supervisors for the year
2011.
3.
Receive
a presentation on the goals and priorities of the 2010 Central California
Children's Agenda. Approve the endorsement of the goals and policy priorities
of the 2010 Central California Children's Agenda and approve the Organization
Endorsement Form for the 2010 Agenda outcomes and policy priorities.
4.
Public
Comments.
5.
Board
of Supervisors matters.
CONSENT CALENDAR (Number 6 through 40)
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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
6.
Approve
the 2011 Board of Supervisors Committee Assignments.
7.
Cancel
the following meetings for the Board of Supervisors during 2011:
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January 18
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March 29
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July 19
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November 22
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February 8
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May 31
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August 2
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November 29
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February 22
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June 14
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August 23
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December 20
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March 1
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July 5
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September 6
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December 27
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8.
Ratify
the following proclamations: Honoring
Imperial Ambulance, Inc. on its 50th Anniversary; Honoring Darrel L. Pyle for
his service to the City of Tulare; Honoring Phil Vandegrift for his service to
the City of Tulare; Honoring Richard Ortega for his service to the City of
Tulare; and Honoring Greg Hardcastle for
his Dedication and Service to Tulare County.
9.
Appoint
Carmen Moreno, as Director, to the East Orosi Community Services District for a
short term ending December 2, 2011.
Child Support Services
10.
Approve
an agreement with ACTION SERV to provide process service for the Department of
Child Support Services. Authorization to
spend up to $200,000 for the length of the agreement and each mutually agreed
upon extended period as identified in the agreement.
Cooperative Extension
11.
Ratify
and approve an agreement with the California Department of Food and Agriculture
(CDFA) in the amount of up to $16,758 for providing services in the support of
Tulare County Weed Management Area for Detection, Eradication and Containment
of Yellow Starthistle (YST) at the Eastern Leading Edge of the Sierra Nevada
Foothills of Tulare County, retroactive to January 1, 2011 through December 31,
2011. Find that the Board had authority
to enter into the proposed agreement as of January 1, 2011 and that it was in
the County's best interest to enter into the agreement on that date. Authorize the Chairman to sign the Form
CCC-307 (Contractor Certification Clauses).
County Administrative Office/General Services/Property
Management
12.
Ratify
and approve a Memorandum of Understanding between the County of Tulare and the
Superior Court of California, County of Tulare to provide the County with
access to the Court's Sustain Case Management System for the period of December
15, 2010 through September 7, 2012 for $1,358 per license totaling
$211,848. Find that the Board had
authority to enter into the proposed agreement as of December 15, 2010 and that
it was in the County's best interest to enter into the agreement on that date.
13.
Ratify
and approve the Lease Agreement with Exeter District Ambulance, CHL EMS Inc.
dba American Ambulance of Visalia, and American Medical Response West dba
Mobile Life Support for space located at 32490 Hwy 198, in the community of
Lemon Cove with the term commencing August 17, 2010 and continue month to month
through June 30, 2011. Find that the
Board had authority to enter into the proposed Agreement as of August 17, 2010
and that it is in the County's best interest to enter into the Agreement as of
that date.
District Attorney
14.
Approve
acceptance of funding for In-Home Supportive Services Fraud Investigation and
Program Integrity Efforts in the amount of $137,058 through the State of
California, Health and Human Services Agency, Department of Social Services
from July 1, 2010 through June 30 2011.
Find that the Board had authority to accept the funding as of July 1,
2010 and that it was in the County's best interest to accept the funding on
that date.
Fire Department
15.
Waive
the final reading and adopt an Ordinance amending the Tulare County Ordinance
Code pertaining to the 2010 California Building Code, 2010 California Fire
Code, 2010 California Mechanical Code, 2010 California Electrical Code, 2010
California Plumbing Code, 2010 California Residential Code, 2010 California
Historical Building Code, 2010 California Administrative Code, 2010 California
Energy Code, 2010 California Green Buildings Standards Code and the 2010
California Standards Code. Direct the
Clerk of the Board to post a certified copy of the adopted Ordinance in the
office of the Clerk of the Board and publish a summary within 15 days of
adoption pursuant to Government Code Section 25124 (b) (1).
16.
Approve
an amendment to Agreement No. 21787 with the Strathmore Fire Protection
District for fire protection services to become effective on the date the
agreement is signed and to be renewed annually unless terminated by either
party upon 30 days written notice.
Health & Human Services Agency
17.
Reaffirm
the declaration of state of emergency pertaining to flooding set out in
Resolution No. 2010-1016 and adopted December 21, 2010.
18.
Ratify
and approve an agreement with Parenting Network, Inc. for Tulare County Health
& Human Services (HHSA), as the Local Government Agency, to act as the
claims processing agent of Medi-Cal Administrative Activities (MAA) claims on
behalf of their district, retroactive to July 1, 2010 through June 30,
2012. 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.
19.
Ratify
and approve an amendment to Agreement No. 24078 (SC38632-09-03 Subcontract
Agreement Number) with the California State University, Fresno Foundation for
the Central California Regional Obesity Prevention Program (CCROPP), to extend
the agreement, which was previously scheduled to end on June 30, 2010, to
December 31, 2010. Find that the Board
had the authority to enter into the proposed agreement as of June 30, 2010 and
that it was in the County's best interest to enter into the amendment on that
date.
20.
Ratify
and approve the acceptance of the grant award from the State of California
Department of Alcohol & Drug Programs, S State Grants (4th year of a 4-year
grant agreement) in the amount of $150,000 to address prevention needs of
children and youth who exhibit a high rate of drinking behavior and whose
parents/caregivers abuse alcohol and other drugs, retroactive to October 1,
2010 through June 30, 2011. Find that
the Board had authority to enter into the proposed agreement as of October 1,
2010 and that it was in the County's best interest to enter into the agreement
on that date.
Human Resources & Development
21.
Ratify
and approve a Side Letter of Understanding between the County of Tulare and the
Tulare Deputy Sheriff's Association, Units 13 & 15, retroactive to November
3, 2010. Find that the Board had
authority to enter into the proposed agreement as of November 3, 1010 and that
it was in the County's best interest to enter into the agreement on that date.
Information Technology
22.
Approve
an amendment to Agreement No. 14242 with Consultants to Government and Industry
Inc. for additional 50 Business Objects XI (BOXI) licenses used within the AFIN
application, the County's financial system.
Resource Management Agency
23.
Accept
the work for construction of the Asphalt Concrete Overlay on Avenue 384 from
State Route 99 to Road 80 Construction Project as complete by Glen Wells
Construction Company, Incorporated of Visalia, California. Authorize the Chairman to sign the Notice of
Completion. Direct the Clerk of the
Board to have the Notice of Completion recorded with the County Recorder.
24.
Accept
the work for construction of the Asphalt Concrete Overlay on Avenue 232 and
Road 56 Construction Project as complete by W. Jaxon Baker, Incorporated of
Redding, California. Authorize the
Chairman to sign the Notice of Completion.
Direct the Clerk of the Board to have the Notice of Completion recorded
with the County Recorder.
25.
Accept
the work for construction of the Asphalt Overlay on Avenue 56; Road 232;
Diagonal 134 and Avenue 192 Construction Project as complete by W. Jaxon Baker,
Incorporated of Redding, California.
Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the
Notice of Completion recorded with the County Recorder.
26.
Find
that the Mitigated Negative Declaration for the Mountain Road M319 Bridge
Replacement Project (State Clearinghouse #2010111046) has been completed in
compliance with the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines. Find that significant
impacts could result from the project, but are mitigated to a level that is
less than significant by project features or deliberate mitigation
measures. Approve and adopt the
Mitigated Negative Declaration. Approve
and adopt the Mitigation Monitoring Plan included in the Mitigated Negative
Declaration. Authorize the Chairman to
sign the Notice of Determination. Direct
the Clerk of the Board to return the signed Notice of Determination to the
Resource Management Agency for posting with the County Clerk.
27.
Consent
to the City of Porterville's acquisition of property located in Tulare County's
jurisdiction along the west side of Road 226 (Lombardi Street) south of Avenue
168 (Castle Avenue) alignment for maintenance and operation of City road
improvements.
28.
Ratify
and approve the submission of a grant application to the Highway Safety
Improvement Program (HSIP) for improvement to Road 204 (Spruce Road) between
Avenue 273 (List Avenue) to Avenue 276 (Firebaugh Avenue), east of the City of
Exeter, in the amount of $204,500.
Authorize the Assistant Director, Public Works to sign the grant application. Find that the Board had the authority to
submit the grant application as of December 9, 2010 and that it was in the
County's best interest to submit the grant application on that date.
29.
Authorize
the submittal of an application to the Tulare County Association of
Governments, in the amount of $345,000, for Congestion Mitigation and Air
Quality funding to purchase and install five (5) diesel engine retrofits. Authorize the Assistant Director, Public
Works to sign the grant application.
30.
Ratify
and approve the General Lease for Public Agency Use with the California State
Lands Commission for the Kings River Bridge on Avenue 416, retroactive to
October 29, 2010. Find that the Board
had the authority to enter into the General Lease for Public Agency Use as of
October 29, 2010 and that it was in the County's best interest to execute the
lease on that date.
31.
Authorize
submittal of a 2011 Caltrans Transportation Enhancement (TE) application for
$278,625 to provide street enhancements in the community of Pixley. Authorize the Chairman of the Board of
Supervisors to sign the completed application and accompanying documents on behalf
of the County. Authorize the Resource
Management Agency Director or designee to act on the Agency's behalf in all
other matters pertaining to the application.
Authorize the Chairman of the Board to act on behalf of the County, to
execute in the name of the County of Tulare, the Standard Agreement, with the
State of California, subject to County Counsel review and approval, and any and
all other documents or instruments necessary or required.
32.
Approve
an Operation and Maintenance Agreement with the City of Tulare for a portion of
Avenue 248 (Cartmill Avenue) between "J" Street and Road 94
(Sacramento Street) northeast of the City of Tulare.
33.
Reclassify
the Chief Building Official, Position No. 5912, to Building & Housing
Manager, At-Will.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
34.
Approve
commitment and expenditure of Tulare County Redevelopment Agency funds in the
amount of $28,625 from the Pixley Project Area to be used as local match for
the 2011 Caltrans Transportation Enhancement (TE) Application. Find that leveraging financial resources for
the Pixley TE grant is: (a) consistent with the adopted Redevelopment Plan for
Pixley; (b) implements the affected redevelopment plans by providing a safer
and more aesthetically pleasing downtown business district; (c) is consistent with
the current Implementation Plan adopted in 2010, pursuant to Health and Safety
Code §33131 (a) and (c) and §33133; and (d) will directly benefit low or
moderate-income persons. Find that there
is no other reasonable and available means of financing the local match for
proposed activities, and that the County does not have available funding for
this purpose.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Retirement
35.
Authorize
the fourth, fifth, sixth, eighth, ninth and alternate retired members of the
Board of Retirement to receive compensation at a rate of not more than $100 per
meeting, or for a meeting of a committee authorized by the Board of Retirement,
for not more than five meetings per month, together with actual and necessary
expenses for all members of the Board of Retirement.
Sheriff/Coroner
36.
Ratify
and approve an amendment to Agreement No. 22879 with Global Tel*Link
retroactive to November 1, 2010 and extending through October 31, 2012. Find that the Board had the authority to
enter into the proposed agreement as of November 1, 2010, and that it was in
the County's best interest to enter into the agreement on that date.
37.
Find
that the immediate access to funds for emergency drug enforcement expenses may
be necessary for the Sheriff's Department investigators working in field
operations for the South Valley Marijuana Suppression Program. Approve the establishment of the revolving
checking account in the amount of $10,000 to be used by the Sheriff's
Department for the South Valley Marijuana Suppression Program.
38.
Approve
the fixed-asset purchase of a Digital Body Wire Surveillance Device in an
amount not to exceed $21,500.
39.
Approve
the fixed-asset purchase of a Surveillance Camera in an amount not to exceed
$9,000. Authorize the necessary budget
adjustments. (4/5ths vote required)
Workforce Investment Board
40.
Accept
the High Concentration of Eligible Youth Grant Award of $83,000 to serve
disabled youth 17-19 years of age. This
is a modification to Workforce Investment Board, Employment Development
Department K178698 subgrant agreement.
Approve the necessary budget adjustments. (4/5ths vote required)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
41.
Receive
a report regarding asphalt contract overlay projects (contracted work)
completed by the Resource Management Agency.
42.
Request
from the Resource Management Agency to waive the second reading and adopt an
Ordinance amending Section 7-25-1085 and adding Section 7-25-1091 to Article 3
of Chapter 25 of Part VII of the Ordinance Code of Tulare County, pertaining to
the Exemption of Certain Basins from County requirements for surface mining
permits and reclamation plans. Direct
the Clerk of the Board of Supervisors to publish the adopted ordinance within
15 Days of adoption in accordance with state law.
(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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Clark vs. County Of Tulare, Bill Wittman, United States
District Court, Eastern District of
California, Case No. CV-F-09-2106 LJO JLT
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare vs. De Jong Arie H., et al., Tulare County Superior
Court Case No. 10-234837
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
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
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...
