(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors Matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from Resource Management Agency to waive the second
reading and adopt 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. Direct the Clerk of the
Board of Supervisors to publish the adopted summary of the Ordinance and to
post a certified copy of the full ordinance with the names of the Board of
Supervisors voting for and against within (15) days of adoption.
4.
PUBLIC
HEARING: Request from Resource Management Agency to waive the second
reading and adopt 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. Direct the Clerk of the
Board of Supervisors to publish the adopted summary of the Ordinance and to
post a certified copy of the full ordinance with the names of the Board of
Supervisors voting for and against within (15) days of adoption.
5.
PUBLIC
HEARING: Request from Resource Management
Agency to consider sewer and water user fee adjustments for specific County
Service Area Zones of Benefit (El Rancho, Delft Colony, Tonyville, Tooleville,
Traver, Yettem, and Wells Tract sewer systems, in addition to the Yettem, and
Wells Tract water systems). Approve the
proposed fees which will be effective August 1, 2011.
6.
PUBLIC
HEARING: Request from Information Technology
to consider the adoption of fee adjustments for the Title Companies that choose
to access the property system electronically.
Adopt the fee recommended and authorize Information Technology to
implement the increase in fees effective immediately following adoption.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 49)
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
7.
Ratify
the Chairman's execution of the 30-day notice to terminate contract with
Hinderliter, De Lamas & Associates.
8.
Authorize
the Auditor/Controller to transfer to the General Fund, pursuant to Government
Code 50050, 50053 and 50055, unclaimed funds currently in the Sheriff,
Probation and Tax Collector's special fund accounts.
Board of Supervisors
9.
Ratify
a Proclamation to recognize Mary Bejarano upon her Retirement from the
Cooperative Extension for her dedication and service to Tulare County.
10.
Appoint
Yonok Warson to the Tulare County Youth Commission for a term ending June 24,
2014.
County Administrative Office/Capital Projects
11.
Award
the contract for the Civic Center Parking Lot VI Project to the lowest
responsible bidder, Elite Landscaping, 2972 Larkin Avenue, Clovis, Ca. 93612 in
the amount of $738,610. Authorize the
Chairman to sign the construction agreement upon receipt of certificates of
insurance, bonds, and contract subject to review and approval as to form by
County Counsel.
12.
Approve
sending a letter of opposition regarding transfer to the Department of Interior
National Park Service of the management of the Giant Sequoia National Monument.
District Attorney
13.
Approve
an agreement with the State of California, Victim Compensation and Government
Claims Board for the Victim Witness Assistance Program in the amount of
$164,704 for the period of July 1, 2011 through June 30, 2012. Find that the Board had authority to enter
into the proposed agreement on July 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 form CCC-307
(Contractor Certification Clauses).
14.
Approve
the submission of a grant application from California Emergency Management
Agency for an amount not to exceed $296,000 for the Violence Against Women
Vertical Prosecution Program to provide continuing funding, from July 1, 2011
through June 30, 2012. Find that the
Board had authority to submit the application on June 29, 2011 and that it was
in the County's best interest to submit the application as of that date.
General Services
15.
Approve
an agreement for Purchase of Right of Way from Frances L. Cutler and Frederick
M. Cutler for the Betty Drive/Avenue 312 Realignment and Improvement
Project-Phase 2B in the amount of $80,000.
Authorize the Chairman to sign the agreement upon submission and subject
to County Counsel approval as to form.
Authorize payments to Lydia Villarreal in an amount not to exceed
$25,000 for equipment, fixtures, inventory and an amount not to exceed $20,000
for a business in-lieu relocation payment.
Authorize the County Administrative Officer or his 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 $82,000 in favor of Chicago Title Company.
16.
Approve
an agreement for Purchase of Real Property from Leroy A. Giannini for the
Avenue 416/Kings River Bridge Replacement Project in the amount of $1500. Authorize the County Administrative Officer
or his 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 $2,500 in favor of Chicago Title Company.
Health & Human Services Agency
17.
Reaffirm
the Declaration of State of Emergency pertaining to flooding set out in Resolution
No. 2010-1016 and adopted on December 21, 2010.
18.
Ratify
and approve an agreement with Sunbridge Harborview Rehabilitation Center in an
amount not to exceed $110,000 to provide professional Intensive Day Treatment,
Medication Support, Family Therapy, Mental Health, and Targeted Case Management
Services for Short-Doyle patients and Medi-Cal beneficiaries of the County's
Mental Health Program retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter
into the proposed agreement on July 1, 2012 and that it was in the County's
best interest to enter into the agreement on that date.
19.
Ratify
and approve an agreement with Cutler-Orosi Joint Unified School District to
provide direct skill training to high-risk parents retroactive to July 1, 2011
through June 30, 2014 in an amount not to exceed $170,607 for three (3) years
at $56,869 per year. Find that the Board
had authority to enter into the proposed Agreement as of July 1, 2011 and that
it was in the County's best interest to enter into the Agreement on that date.
20.
Authorization
to apply for $2,500 in Department of Health & Human Services (DHHS) Food
and Drug Administration (FDA) Funds, for the Pacific Retail Food Cooperative
Program.
21.
Ratify
and approve the Tulare County Purchasing Agent amending Professional Services
Agreement No. 5729 with Rodolfo Vicente, M.D., to increase the maximum amount
of the agreement by $25,000 from $100,000 to $125,000 for the provision of
providing on-call and specialty medical services for Tulare County Health &
Human Services Agency clients, retroactive to July 1,2 010 through June 30,
2011. Find that the Board had authority to amend Professional Services
Agreement No. 5729 as of July 1, 2010 and that it was in the County's best
interest to amend the Professional Services Agreement on that date. Authorize the Tulare County Purchasing Agent
to exceed the established maximum limit of $100,000 for Professional Services
Agreements by amending Agreement No. 5729 to increase the maximum amount of the
agreement by $25,000 from $100,000 to $125,000.
22.
Ratify
and approve an agreement with the County of Fresno, the local Emergency Medical
Services (EMS) Agency, to allocate Hospital Preparedness funds in an amount not
to exceed $16,250, retroactive from July 1, 2010 to 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.
23.
Ratify
and approve an amendment to Agreement No. 24796 with Pena's Disposal Service to
establish a Recycle-Only Household Hazardous Waste Collection Facility in the
town of Cutler, retroactive to July 1, 2011 through June 30, 2014. Find that the Board had authority to enter
into the proposed amendment as of July 1, 2011 and that it was in the County's
best interest to enter into the amendment on that date.
24.
Ratify
and approve an agreement with Turning Point of Central California, Inc., for
the provision of children's mental health services retroactive to July 1, 2011
through June 30, 2012. Find that the
Board had authority to enter into the proposed Agreement as of July 1, 2011 and
that it was in the County's best interest to enter into the Agreement on that
date.
25.
Ratify
and approve an amendment to Agreement No. 23832 with Wrime, Inc. to develop a
Groundwater Quality Monitoring Plan, retroactive to October 1, 2008 through May
15, 2012. Find that the Board had
authority to enter into the proposed Agreement as of October 1, 2008 and that
it was in the County's best interest to enter into the Agreement on that date.
26.
Ratify
and approve an amendment to Agreement No. 24859 with Blue Cross of California
d.b.a Anthem Blue Cross, Inc. to allow Tulare County Health & Human
Services Agency (HHSA) Physicians to provide Fee for Service comprehensive
health care to eligible individuals under the Anthem Blue Cross Medi-Cal
Managed Health Care Program (MCMCP), Healthy Families Program and Access for
Infants and Mothers (AIM) Program retroactive to January 1, 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.
27.
Approve
the named facilities as facilities designated by the County and approved by the
State Department of Mental Health for 72-hour treatment and evaluation. Approve the named classes of persons who may,
upon probable cause, take, or cause to be taken, mentally disordered persons
described in California W&I Code Section 5150 into custody and place them
into a facility described in paragraph 1, for 72-hour treatment and
evaluation. Approve the designations
under this Resolution effective through June 30, 2012. All previous designations are hereby revoked.
Authorize and direct the Clerk of this Board to send certified copies of this
Resolution to the Director of each Authorized Facility, the Director of Turning
Point of Central California, and the Director of Tulare Youth Services Bureau.
28.
Ratify
and approve Purchase Order No. 0000339650 and the acceptance of $6,250 in
revenues provided by the University of California - San Francisco for the
California Project LEAN (Leaders Encouraging Activity and Nutrition) Sugar
Sweetened Beverages grant - Phase II, retroactive to April 30, 2011 through
December 31, 2011. Find that the Board
had authority to enter in the proposed Purchase Order as of April 30, 2011 and
that it was in the County's best interest to enter into the Purchase Order on
that date.
29.
Ratify
and approve an agreement with Cal/EPA regarding the acceptance and use of grant
funds retroactive to January 1, 2010 through March 31, 2013 in an amount not to
exceed $104,324. Find that the Board had
the authority to enter into the proposed agreement as of January 1, 2010 and
that is was in the County's best interest to enter into the agreement on that
date.
30.
Ratify
and approve an agreement with Turning Point of Central California, Inc. for the
Mobile Unit - North County Program in an amount not to exceed $693,313 for the
provision of Mental Health Services Act (MHSA) services from July 1, 2011
through June 30, 2012. Find that the
Board had authority to enter into the proposed Agreement as of July 1, 2011 and
that it was in the County's best interest to enter into the Agreement on that
date.
31.
Ratify
and approve an agreement with Family Services of Tulare County, Inc. in an
amount not to exceed $121,850 to provide an intensive supervised visitation
program for foster children in Tulare County, retroactive to July 1, 2011
through June 30, 2012. Find that the
Board had the authority to enter into the proposed agreement as of July 1, 2011
and that it was in the County's best interest to enter into the agreement on
that date.
32.
Ratify
and approve an agreement with Liberty Dental Plan of California, Inc. in the
amount of $24,000 to provide dental services for the Tulare Healthy Kids 6-18
Program, retroactive to November 1, 2010 through October 31, 2011. Find that the Board had authority to approve
the agreement as of November 1, 2010 and that it was in the County's best
interest to approve the agreement on that date.
33.
Ratify
and approve an agreement with Marin County to act as the host entity of Tulare
County over the Medi-Cal Administrative Activities and Targeted Case Management
Trust Fund, to collect the appropriate participation fee for Fiscal Years
2010/2011 and 2011/2012, from July 1, 2011 through June 30, 2013. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2011 and that it was in the County's
best interest to enter into the agreement on that date.
34.
Ratify
and approve an agreement with Financial Credit Network, Inc. from July 1, 2011
through June 30, 2013 to provide collection services for Tulare County Health
& Human Services Agency (HHSA). Find
that the Board had authority to enter into the proposed agreement as of July 1,
2011 and that it was in the County's best interest to enter into the agreement
on that date.
35.
Ratify
and approve an amendment to Agreement No. 24233 with the City of Porterville
for the Recycle-Only Household Hazardous Waste Program, retroactive to July 1,
2011 through June 30, 2012. Find that
the Board had authority to enter into the proposed agreement as of July 1, 2011
and that it was in the County's best interest to enter into the agreement on
that date.
36.
Authorize
the submittal of the California Department of Public Health (CDPH) application
to the Centers for Disease Control and Prevention (CDC) for the Public Prevention
Health Fund: Community Transformation Grants (CTG) CDC-RFA-DP11-1103PPHF11 in
the amount of $10 million for the period of September 15, 2011 through
September 15, 2012.
37.
Approve
the agreement with California Department of Health Care Services (DHCS), for
retaining Federal Financial Participation retroactive to February 1, 2010
through October 31, 2015. Find that the
Board had authority to enter into the proposed agreement as of February 1, 2010
and that it was in the County's best interest to enter into the agreement on
that date.
38.
Ratify
and approve an agreement with EMQ Families First, Inc. in an amount not to
exceed $451,000 retroactive to July 1, 2011 through June 30, 2012 for the
provision of Mental Health Services Act services. Find that the Board had authority to enter
into this Agreement on July 1, 2011 and that it was in the County's best interest
to enter into the Agreement on that date.
39.
Authorize
the Tulare County Director of Mental Health to accept State Department of
Mental Health identified Tulare County undistributed Mental Health Services Act
funds from fiscal year 2010/2011 and prior fiscal years in the amount of
$5,243,400, per Assembly Bill 100.
Approve the necessary budget adjustments. (4/5ths vote required).
40.
Ratify
and approve an amendment to Agreement No. 24415 with Tulare County Office of
Education (TCOE) in an amount not to exceed $189,612 to address prevention
needs of children and youth who are at an increased risk for suicidality, for
the period of July 1, 2011 through June 30, 2012. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2011 and that it
was in the County's best interest to enter into the agreement on that date.
Resource Management Agency
41.
Authorize
the submittal of a Safe Routes to School grant application to the State of
California (Caltrans) to construct pedestrian improvements in the amount of
$282,000 in the vicinity of the John J. Doyle Elementary School, East
Porterville.
42.
Authorize
the filing of Notices of Partial Non-Renewal for eight (8) Land Conservation
Contracts as provided in the Williamson Act. These requests fulfill conditions
resulting from lot line adjustments and parcel maps. Approve the execution of amendments to the
Land Conservation Contracts as a condition of approval for partial non-renewal
for the following:
PNR
11-001 - Williamson
Act Contract No. 3049, Ag Preserve No. 445, south of
Exeter (Pinkham) (2.34 acres from 39.52 nonrenewed as a condition of PLA
10-043) (40.65 acres in two parcels subject to contract amendment).
PNR 11-002 - Williamson Act Contract No. 5516, Ag Preserve No. 2057, south of Cutler-Orosi (Ananian)
(1.18 acres from 20 nonrenewed as a condition of PLA 10-027) (46.79 acres in
two parcels subject to contract amendment).
PNR 11-003 - Williamson Act Contract No. 2760, Ag Preserve No. 338, northeast of Woodlake (Dofflemyer)
(30.72 acres from 400 nonrenewed as a condition of PLA 10-009) (400 acres in
one parcel subject to contract amendment).
PNR 11-004 - Williamson Act Contract No. 19930, Ag Preserve No. 4381, northeast of Farmersville (Rose)
3.48 acres from 82 nonrenewed as a condition of PLA 11-002) (No additional
acreage subject to contract amendment.
Contract 19930 was previously amended Sept. 28, 2010 as a result of Res.
No. 2010-0785, a requirement for BOS approval of PNR 10-014).
PNR 11-005 - Williamson Act Contract No. 18122, Ag Preserve No. 4329, north of Dinuba (Klassen) (1.08
acres from 38.84 nonrenewed as a condition of PPM 11-005) (38.84 acres in one
parcel subject to contract amendment).
PNR 11-006 - Williamson Act Contract No. 7078, Ag Preserve No. 2346, southwest of Dinuba (Unruh) (1.64
acres from 40.44 nonrenewed as a condition of PLA 11-003) (40.44 acres in one
parcel subject to contract amendment).
PNR 11-007 - Williamson Act Contract No. 13637, Ag Preserve No. 3972, north of Visalia (Schmidt) (4 acres
from 19.32 nonrenewed as a condition of PLA 10-042) (19.32 acres in one parcel
subject to contract amendment).
PNR 11-010 - Williamson Act Contract No. 6620, Ag Preserve No. 2152, northeast of Tipton (Van Beek)
(1.49 acres from 160 nonrenewed as a condition of PPM 10-016) (160 acres in one
parcel subject to contract amendment).
43.
Authorize
the filing of a Notice of Partial Non-Renewal for six (6) Land Conservation
Contracts as provided in the Williamson Act. These requests fulfill conditions
resulting from lot line adjustments and parcel maps. Approve the execution of amendments to the
Land Conservation Contracts as a condition of approval for partial Non-Renewal
for the following:
PNR
10-003 - Williamson Act Contract No. 5635, Ag
Preserve No. 1240, east of Ivanhoe (Baker) (1.30 acres from 78.44 nonrenewed as
a condition of PLA 09-029) (78.44 acres in one parcel subject to contract
amendment).
PNR
10-005 - Williamson Act Contract No. 3833, Ag
Preserve No. 941, east of Ivanhoe (Akin) (1.49 acres from 20 nonrenewed as a condition
of PPM 09-049) (20 acres in one parcel subject to contract amendment).
PNR
10-013 - Williamson Act Contract No. 6163, Ag
Preserve No. 1062, southeast of Earlimart (Caratan, Brar) (1.49 acres from
38.99 nonrenewed as a condition of PLA 08-027) (38.99 acres in one parcel
subject to contract amendment).
PNR
10-017 - Williamson Act Contract No. 5431, Ag
Preserve No. 1757, west of Woodlake (Ritchie) (1.5 acres from 14.11 nonrenewed
as a condition of PLA 10-008) (14.11 acres in one parcel subject to contract
amendment).
PNR
10-018 - Williamson Act Contract No. 5799, Ag
Preserve No. 1584, southwest of Dinuba (Pinheiro)(1.08 acres from 20.00
nonrenewed as a condition of PPM 10-006) (20.00 acres in one parcel subject to
contract amendment).
PNR 10-019 - Williamson Act Contract
No. 5584, Ag Preserve No. 1826, north of Woodlake
(Daniel) (1.49 acres from 28.98 nonrenewed as a condition of PPM 10-010) (28.98
acres in one parcel subject to contract amendment).
44.
Approve
the Plans, Special Provisions, Proposal and Contract for the Asphalt Concrete
Overlay on Avenue 384 from Road 92 to Road 108 Project. Authorize the Chairman of the Board of
Supervisors to sign the Plans. Approve
the advertisement for bids of the Asphalt Concrete Overlay on Avenue 384 from
Road 92 to Road 108 Project. Set the bid
opening date for Wednesday, August 17 at 2:00 p.m. Direct the Resource Management Agency staff
to file the Notice of Exemption pursuant to the provisions of the California
Environmental Quality Act (CEQA) for the AC Overlay on Avenue 384 from Road 92
to Road 108 Project.
45.
Approve
Program Supplement No. N052 to Administering Agency-State Agreement for
Federal-Aid Project No. 06-5946R with
the State of California, Department of Transportation for the asphalt concrete
overlay on Avenue 384 from Road 92 to Road 108 project.
46.
Set
a Public Hearing for August 9, 2011, at 9:30 a.m. in the Board Chambers,
Administration Building, 2800 West Burrel Avenue, Visalia, California, to place
delinquent water service fees for Seville Water Company on the 2011/2012 Tax
Roll. Approve the Notice of Public
Hearing.
47.
Approve
an agreement with Pacific Gas and Electric Company to perform tariff scheduled
related work for the Road 80 Phase 2 Widening Project.
48.
Approve
the Streambed Alteration Agreement with the California Department of Fish and
Game for the Avenue 416 Kings River Bridge Replacement project.
Sheriff/Coroner
49.
Approve
the fixed asset purchase of used vehicles in the amount of $106,910. Authorize the purchasing agent to waive the
bid process for the purchase of the used vehicles. Authorize the necessary budget adjustments.
(4/5ths vote required)
(Closed Session)
CLOSED SESSION
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: 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. Board of Supervisors Agenda Item July 12, 2011
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. Board of Supervisors Agenda Item July 12, 2011
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: 7
Board of
Supervisors July 12, 2011 Agenda Item pertaining to the Sewer and Water User
Fee Adjustments
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: 1
Plaintiff
is aware of a dispute in the calculation and distribution of PTAF monies to the
cities, and of conflict related to another matter
Next Item(s)
Sitting as...
ITEM
E
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...