(Public Comment Period)
1.
Recognize
Don Gallian upon his Retirement from the District Attorney's Office for his 29
years of County Service.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the
Auditor-Controller/Treasurer-Tax Collector to consider whether the property
described in the Tax Deed to Purchaser of Tax-Defaulted Property filed on April
19, 2010 between the Tax collector and Benny Perry, Michal Perry and Nahum E.
Blumenshtain should not have been sold by the Tax Collector at the 2010 Tax
Sale of Tax-Defaulted Property.
5.
PUBLIC
HEARING: Request from the Resource Management
Agency to authorize submittal of a 2011 Community Development Block Grant
(CDBG) Economic Development (ED) Allocation Application. Authorize submittal of a 2011 CDBG ED
Allocation application for up to $500,000 from the Enterprise Fund Component,
in the following amounts: General Administration $37,500, Microenterprise
Assistance $416,250, Microenterprise Assistance Activity Delivery $46,250. Authorize the Chairman of the Board of
Supervisors to sign the completed application and accompanying documents on
behalf of the County. Authorize the
County Administrative Officer to act on the County'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 and any amendments thereto, any and all other documents
necessary or required for participation in the grant program, subject to County
Counsel approval as to form. Authorize
and direct the Community Development Manager to submit Funds Requests and other
program-supporting documentation.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
6.
Request
from Resource Management Agency to authorize the commitment and expenditure of
Tulare County Redevelopment Agency funds in the amount of $21,000 from the
Goshen Redevelopment Project Area, to be used as local match for the grant
application. Find that leveraging
financial resources for community improvements: (a) is consistent with the
adopted Redevelopment Plan for Goshen; (b) implements the affected
redevelopment plan by assisting in the eradication of physical blight caused by
deteriorated streets, a lack of lighting and the eradication of economic blight
caused by a lack of opportunities; (c) is consistent with the current
Implementation Plan adopted in December 2010, pursuant to Health and Safety
Code §33490, §33131 (a) and (c) and §33133; and (d) will directly benefit low-
or moderate-income persons. Find that
there are no other reasonable or available means of financing the local match
for the proposed activities, and that the County does not have funding
available for these purposes.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 35)
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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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County Administrative Office
7.
Rescind
Resolution No. 2006-0666 regarding Assembly Bill 1234 Mandatory Ethic Training
for public officials. Approve
Administrative Regulation No. 39 - Assembly Bill 1234 Mandatory Ethics
Training.
8.
Appoint
the following individuals to the 2011 Redistricting Advisory Committee:
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District One
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District Two
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Newell Bringhurst
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John Hobbs
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Bernice Doan
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Mike Watson
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District Three
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District Four
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Phillip Bourdette
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Lewis Mann
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Stephen Peck
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Maggie Florez
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District Five
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At-Large Member
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Michael Carley
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Mary Burbery
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Richard Eckhoff
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General Services
9.
Approve
the Grant Application and the Agreement with the State of California Department
of Boating and Waterways in an amount up to $50,000 to purchase equipment and
two (2) patrol jet skis and trailers.
Approve the purchase ot two (2) Fixed Assets. Approve the necessary budget
adjustments. (4/5ths vote required)
Health & Human Services Agency
10.
Reaffirm
the Declaration of State of Emergency pertaining to flooding set out in
Resolution No. 2010-1016 and adopted on December 21, 2010.
11.
Ratify
and approve an amendment to Agreement No. 23248 with Golden State Health
Centers, Inc. d.b.a. Sylmar Health and Rehabilitation Center in an amount not
to exceed $1,000,000 to revise the daily rate per Assembly Bill (AB) 2645 for
the continued provision of stabilization and long-term maintenance for mentally
disabled clients retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter
into the proposed amendment as of July 1, 2010, and that it was in the County's
best interest to enter into the amendment on that date.
12.
Ratify
and approve an amendment to Agreement No. 23578 with JDT Consultants, Inc. in
an amount not to exceed $467,000 to provide Therapeutic Behavioral Services
(TBS), retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter
into the proposed amendment as of July 1, 2010, and that it was in the County's
best interest to enter into the amendment on that date.
13.
Ratify
and approve an amendment to Agreement No. 23800 with Ariah R. Whisenhunt, M.D.
to provide telepsychiatry services, in an amount not to exceed $250,000,
retroactive to February 19, 2011 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of February 19, 2011, and that it was in the County's
best interest to enter into the agreement on that date.
14.
Ratify
and approve an amendment to Agreement No. 24667 with Family Builders Foster
Care, Inc. in an amount not to exceed $250,000 to provide Therapeutic
Behavioral Services, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter
into the proposed amendment as of July 1, 2010, and that it was in the County's
best interest to enter into the amendment on that date.
15.
Ratify
and approve an amendment to Agreement No. 24699 with Staff Care, Inc. in an
amount not to exceed $750,000 to provide Locum Tenens (temporary Substitute)
Providers, retroactive to July 1, 2010 through June 30, 2013. Find that the Board had authority to enter
into the proposed amendment as of July 1, 2010, and that it was in the County's
best interest to enter into the amendment on that date.
16.
Ratify
and approve an agreement with Visalia Unified School District for a clinical
training program for students enrolled in licensed vocational nursing classes,
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.
17.
Ratify
and approve an agreement with Parenting Network, Inc. in an amount not to exceed
a total of $150,000 for the expansion of postpartum depression program services
for the Perinatal Wellness Program (PWP) 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.
18.
Ratify
and approve an agreement with Family Services of Tulare County, Inc. in an
amount not to exceed a total of $150,000 for the expansion of therapeutic
services for the Perinatal Wellness Program (PWP) 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.
19.
Ratify
and approve the acceptance of funds from the California Emergency Management
Agency for the Fiscal Year 2009 State Homeland Security Grant Program in the
amount of $965,922, retroactive to September 30, 2009 through April 30,
2012. Find that the Board had authority
to accept the grant funds as of September 30, 2009, and that it was in the
County's best interest to accept the funding on that date. Approve the Agreements between Tulare County
Health & Human Services Agency and the Sub-recipients of the Fiscal Year
2009 Homeland Security Grant Program: Cities of Dinuba, Farmersville, Lindsay,
Porterville, Tulare, Visalia, and Woodlake.
20.
Approve
the purchase of sputum induction booth for Tulare County Health & Human
Services Agency, Public Health Division, Tuberculosis Control Program to ensure
safe sputum induction for a person with suspected or known infectious
Tuberculosis. Approve the necessary
budget adjustments. (4/5ths vote
required).
21.
Approve
grant awards to providers from the Promoting Safe and Stable Families (PSSF)
funds as recommended by the Children's Service Network for County Fiscal Year
2010-2011 as follows: Aspiranet,
$120,000 - Pre/Post Adoption Services; CASA, $37,000 - Children's Advocates; Parenting
Network, $89,000 - Respite Care; Cutler/Orosi Family Resource Center, $74,919 -
Differential Response; Lindsay Family Resource Center, $74,919 - Differential
Response; Parenting Network Family Resource Center, $89,419 - Differential
Response; and Woodlake Family Resource Center, $74,919 - Differential Response.
22.
Authorize
the Tulare County Director of Mental Health to sign the County Certification
and submit the Mental Health Services Act, Capital Facilities and Technology,
Technology Plan to the State Department of Mental Health. Authorize the Tulare County Director of
Mental Health to accept additional funding of $3,500,000 upon approval of the
Plan by the State Department of Mental Health. Approve the necessary budget
adjustments. (4/5ths vote required).
Human Resources & Development
23.
Endorse
a County sponsored Wellness Fair for all Tulare County employees. Authorize employees who are working during
Fair's hours to attend on County time, subject to coordination and approval of
their department to assure that services continue to be provided. Grant authorization to seek donations and
sponsorships to fund the 2011 Wellness Fair.
Grant authorization to accept donations and spend them on the Wellness
Fair, not to exceed $15,000 for expenses such as the convention center rental,
fitness aids, healthy refreshments, printing and related program costs. Authorize additional funding, if necessary
and as required from Tulare County's health education and training funds held
by the CSAC-EIA and disbursed on the direction of the County's Risk Manager.
Information Technology
24.
Approve
the Services and Fixed Asset purchases of NetApp devices and drives, not to
exceed $354,971, to expand the data backup and recovery system.
25.
Approve
the purchase of software, services, and hardware to accomplish the
implementation of the network identity management tools for the County of
Tulare, not to exceed $166,845, subject to the approval by California Health
and Human Services Agency, Office of Systems Integration (OSI) of the Advanced
Planning Document (APD). Authorize the
Chairman of the Board to sign two (2) copies of the Agreement with NovaCoast,
Inc. Authorize the Chairman of the Board
to sign two (2) copies of the Exhibit A, Identity Management - User
Provisioning Statement of Work. Approve
the necessary budget adjustments. (4/5ths
vote required)
Probation
26.
Ratify
and approve the submission of an application for Federal Formula Grant funds,
administered by the Corrections Standards Authority, for Probation and Court
Based Alternatives in the amount of $86,625 with a $4,612 match for the period
of July 1, 2011 through June 30, 2012.
Ratify and approve the Chief Probation Officer's signature, on behalf of
the Chairman. Find that the Board had
authority to submit the application for grant funds on February 24, 2011, and
that it was in the County's best interest to submit the application on that
date.
Resource Management Agency
27.
Introduce
and waive the first reading of an Ordinance adding Chapter 25 to Part 1
Government and Administration of the Ordinance Code of Tulare County,
Pertaining to County Traffic Facilities Impact Fees in the Incorporated and
Unincorporated Areas of Tulare County.
Set a Public Hearing for April 5, 2011.
Approve the Summary of the Ordinance and direct the Clerk of the Board
to publish the summary and post a certified copy of the complete ordinance five
(5) days prior to the Ordinance adoption.
28.
Introduce
and waive the first reading of an Ordinance adding Chapter 27 to Part 1
Government and Administration of the Ordinance Code of Tulare County,
Pertaining to County Public Facilities Impact Fees in the Incorporated and
Unincorporated Areas of Tulare County.
Set a Public Hearing for April 5, 2011.
Approve the Summary of the Ordinance and direct the Clerk of the Board
to publish the summary and post a certified copy of the complete ordinance five
(5) days prior to the Ordinance adoption.
29.
Introduce
and waive the first reading of an Ordinance amending Parts A, C and D of
Section 16.2 of the Tulare County Zoning Ordinance No. 352 pertaining to
abolishing the Site Plan Review Committee and transferring duties and authority
to the Tulare County Planning Commission.
30.
Introduce
and waive the first reading of an Ordinance amending Sections 1-03-1585 and
1-03-1590 of Article 11 of Chapter 3 of Part I of the Ordinance Code of Tulare
County pertaining to abolishing the Office of Zoning Administrator and
transferring duties and authority to the Tulare County Planning Commission.
31.
Adopt
a resolution setting out a Policy for Exemption of Certain Basins from County
requirements for Surface Mining Permits and Reclamation Plans as submitted by
staff.
32.
Authorize
submittal of a California Department of Transportation (Caltrans) Environmental
Justice: Context-Sensitive Planning (EJ) Grant Application for $189,000 to
perform a Community and Transportation Plan in Goshen. Authorize the Chairman of the Board to sign
the application and accompanying documents on behalf of the County. Authorize and direct the County
Administrative Officer to act on the County's behalf in all matters pertaining
to this application. Authorize the
Chairman of the Board, or his/her designee(s), to execute, in the name of the
County of Tulare, the Funds Transfer Agreement, any amendments thereto, and any
and all other documents or instruments necessary or required by Caltrans for
participation in the grant program, subject to County Counsel approval as to
form. Authorize and direct the Community
Development Manager to submit Funds Requests and other program-supporting
documentation.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
33.
Ratify
and approve the Tule River Improvement Joint Powers Project Agreement for the
Success Dam Seismic Remediation Project between the Tulare County Flood Control
District, the Lower Tule River Irrigation District, the County of Kings, the
Tulare Lake Basin Water Storage District and the City of Porterville. The term
of the agreement is indefinite until terminated by any party. This approval
request is retroactive because the Joint Powers Authority did not realize the
prior agreement had expired until noted by Resource Management Agency staff.
Timely renewal actions were not able to be completed due to approval processing
by multiple agencies. Find that the
Board had the authority to enter into the Agreement as of July 1, 2010 and that
it is in the County's best interest to enter into the Agreement on that
date. Authorize the Chairman to sign the
Agreement.
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
34.
Authorize
commitment and expenditure of Tulare County Redevelopment Agency (TCRA) funds
in the amount of $70,000 from the Tulare County Redevelopment Project Areas to
be used as local leverage for the 2011 Community Development Block Grant (CDBG)
Economic Development (ED) Application.
Find that leveraging financial resources for Microenterprise Activities
in these communities: (a) is consistent with the adopted Redevelopment Plans;
(b) implements the affected redevelopment plan by assisting in the eradication
of economic blight; (c) is consistent with the current Implementation Plans
adopted in 2008, 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 are no other reasonable and
available means of financing the local leverage for the proposed activities and
that the County does not have available funding for this purpose.
35.
Approve
Grant of Easement, to Southern California Edison Company, for Electrical
Distribution at 15884 Jasmine Avenue in Ivanhoe, California. Find that the conveyance of this easement is
in the public interest and that the interest in land conveyed will not
substantially conflict or interfere with the use of the property by the Tulare
County Redevelopment Agency pursuant to Government Code Section 25526.6. Authorize the Chairman to sign the Grant of
Easement.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
36.
Request
from County Administrative Office to receive the Mid-Year Budget Report for
Fiscal Year 2010/2011. Approve proposed
schedule for preparation and adoption of the Fiscal Year 2011/2012 Budget,
which incorporates a rollover budget as the operating budget (including the
capital projects budget) for the period between July 1, 2011 and adoption of
the 2011/2012 budget. (4/5ths vote
required) Approve the continuance of a
hiring freeze providing the County Administrative Office enhanced discretion to
hold positions vacant. Adopt the
Personnel Resolution to add, delete, reclassify and grant salary increases to
designated positions and approve the required job specifications stemming from
the Mid-Year Report. Authorize the
Auditor-Controller/Treasurer-Tax Collector, with concurrence of the County Administrative
Officer, to process budget adjustments resulting from the Mid-Year Budget
Report.
(Closed Session)
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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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
Threats of
litigation regarding the 2010 tax sales of 376 Creek Drive, California Hot
Springs, CA (APN: 327-140-018-000)(March 22, 2011 Agenda Item)
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: 1
Proposed
Ordinance Adding Chapter 25 to Part 1, Government and Administration, of the
Ordinance Code of Tulare County Pertaining to County Traffic Facilities Impact
Fees (March 22, 2011 Agenda Item)
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: 1
Proposed
Ordinance Adding Chapter 27 to Part 1, Government and Administration, of the
Ordinance Code of Tulare County Pertaining to County Public Facilities Impact
Fees (March 22, 2011 Agenda Item)
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: 3
Objection
in the public record to adoption of a policy for exemption of certain basins
from County requirements under the Surface Mining and Reclamation Act (March
22, 2011 Agenda Item)
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 LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of Case: County
of Tulare vs. Eugene Busby; Wanda Busby, et al Tulare
County Superior Court Case Number 10-237255
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: County of Tulare
vs. James Edward Rogers, Successor Trustee et al Tulare County Superior Court
Case Number 10-236126
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 5
Next Item(s)
Sitting as...
ITEM
I
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
J
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...
