(Public Comment Period)
1.
Presentation
given by the Visalia Arts Consortium regarding their Strategic Plan.
2.
Presentation
of the Final Report from the 2011 Advisory Committee on Redistricting of
proposed mapping alternatives for setting new boundaries for supervisorial
districts.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request from the Resource Management
Agency to review and receive public comment on the Annual Grantee Performance
Reports for Grant Nos. 07-EDEF-3721, 08-EDEF-5894, 09-EDEF-6541, 09-STAR-6387,
09-STBG-6419 and the Program Income Revolving Loan Account, and receive
comments regarding the closeout of Community Development Block Grant No.
07-EDEF-3721. Approve the Annual Grantee
Performance Reports and authorize the Chairman of the Board to sign the reports
for submittal to the State Department of Housing and Community
Development. Authorize the County
Administrative Officer to sign the final closeout certification documents. Authorize submittal of all signed closeout
documents to the State Department of Housing and Community Development. Provide direction and approve the 2011-2012
Grant Project Consideration List.
6.
PUBLIC
HEARING: Request from the Resource Management
Agency to approve the placement of County Service Area No. 1 and County Service
Area No. 2 delinquent sewer and water service fees, delinquent penalties and
Auditor's collection charges on the 2011/2012 Tax Rolls as identified.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TERRA BELLA SEWER
MAINTENANCE DISTRICT
7.
PUBLIC
HEARING: Request from the Resource Management
Agency to approve the placement of Terra Bella Sewer Maintenance District
delinquent sewer service charges, delinquent penalties and Auditor's collection
charges on the 2011/2012 Tax Roll as identified.
ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 36)
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
8.
Ratify
the following Proclamations: Honoring
Steven E. Tree upon his Retirement from Porterville Sheltered Workshop;
Honoring J.D. Heiskell & Company on its 125th Anniversary; and Honoring St.
Mary Armenian Church on its 100th Anniversary.
9.
Appoint
William P. Bennett, II and Jim Zimmerman to the Southern Tulare County Citrus
Pest Control District for terms ending July 6, 2011.
Child Support Services
10.
Approve
the Proclamation to recognize and acknowledge the month of August 2011 as Child
Support Awareness Month on behalf of the Tulare County Department of Child
Support Services and the California Department of Child Support Services.
County Administrative Office
11.
Ratify
actions taken by the County Administrative Officer during the month of June
2011 regarding Personnel/Payroll Changes and Good Works Funding Agreements.
District Attorney
12.
Authorize
the submission of a grant application for funding in an amount not to exceed
$75,000 from the State of California, Department of Justice, Attorney General's
Privacy and Piracy Fund for Fiscal Year 2011/2012 to provide funding for
training and equipment.
Health & Human Services Agency
13.
Reaffirm
the Declaration of State of Emergency pertaining to flooding set out in
Resolution No. 2010-1016 and adopted on December 21, 2010.
14.
Authorize
the submittal of the Public Health Institute's application to the Centers for
Disease Control and Prevention for the Public Prevention Health Fund: Community
Transformation Grants in the amount of $10 million to provide funding for a
five-year initiative aimed at preventing heart attacks, strokes, cancer, and
other leading causes of death or disability for the period of September 15,
2011 through September 15, 2012.
15.
Ratify
and approve an agreement with Cutler-Orosi Joint Unified School District in an
amount not to exceed $234,177 for three (3) years at $78,059 per year to
provide direct skill training to high-risk parents, retroactive to July 1, 2011
through June 30, 2014 . 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.
16.
Approve
an agreement with Goodfellow Occupational Therapy for the purpose of providing
occupational and/or physical therapy services in an amount not to exceed
$130,000, 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.
17.
Adopt
the Subvention Certificate of Compliance and the Medi-Cal Certificate of
Compliance for the California Department of Veterans Affairs County Subvention
Program for Fiscal Year 2011/2012.
Human Resources & Development
18.
Approve
the increase in expense appropriations for Fiscal Year 201/2011 for
unanticipated obligations in excess of the Adopted Budget for Fiscal Year
2010/2011 for ISF 065. Approve the
necessary budget adjustments. (4/5ths
vote required)
19.
Adopt
the proposed Memorandum of Understandings with the following Tulare County
Employee Associations and Unions: Professional
Law Enforcement Management Association (PLEMA); Tulare County Deputy Sheriff's
Association (TCDSA); and Professional Association of Tulare County Physicians
(PATCOP).
20.
Approve
the Memorandum of Understanding between the County of Tulare and the United
Automobile, Aerospace & Agricultural Implement Workers of America (UAW).
Information & Communications Technology
21.
Approve
the Memorandum of Understanding between Tulare County Information &
Communications Technology and Chicago Title, Data Trace and First American
Title for access to the property system electronically.
Probation
22.
Designate
the Probation Department as the agency to provide post release community
supervision in Tulare County, effective October 1, 2011.
Resource Management Agency
23.
Introduce
and waive the first reading of an Ordinance adding Section 3-01-1050,
"Allensworth" and deleting Section 3-01-1110, "Lindsay
Area" of Chapter 1 of Article 3 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).
24.
Introduce
and waive the first reading of an amendment to Ordinance No. 352, the Tulare
County Zoning Ordinance for Change of Zone No. PZ 10-003 (Pam Fitzpatrick),
from AE-20 (Exclusive Agriculture - 20 acre minimum) to R-1 (Single Family
Residential) and R-A-20 (Rural Residential - 20,000 sq. ft. minimum), on
approximately 77 acres, located on the south side of Avenue 152, approximately
1,700 feet west of Road 192, in Poplar-Cotton Center. Set a Public Hearing for August 16, 2011 at
9:30 a.m.
25.
Approve
a letter agreement with the Arvin-Edison Water Storage District for the
exchange of Cross Valley Canal Water for the 2010 water year, retroactive to
March 1, 2010. Find that the Board had
authority to enter into the proposed letter agreement as of March 1, 2010, and
that it was in the County's best interest to enter into the letter agreement on
that date. Authorize the Resource
Management Agency and Dennis R. Keller to take necessary actions to comply with
the provisions of the letter agreement.
26.
Approve
an amendment to Agreement No. 24503 with Peņa's Disposal, Inc., increasing the
rate for Construction and Demolition Recycling Services from $34.95 to $36.55
per ton, effective August 1, 2011.
27.
Approve
the Measure R Program Supplement to Cooperative Agreement for the construction
of the Hillman Street and Road 108 Widening Projects in the amount of
$3,130,758.
28.
Approve
the Cooperative Agreement between the County of Tulare and the City of Tulare
Board of Public Utility Commissioners for the County to be compensated by the
City of Tulare for the actual cost of installing sewer and water pipelines plus
5% as a part of the Hillman Street Widening Project between Leland Avenue and
Tulare Irrigation District Canal.
Authorize the Chairman to sign the cooperative agreement, subject to
approval as to form by County Counsel and execution by the City of Tulare Board
of Public Utility Commissioners.
29.
Approve
an agreement with the Tulare County Association of Governments for Tulare
County Area Transit to provide transit services under the Tulare County
Regional T-PASS, retroactive to July 1, 2010 and valid until succeeded or
terminated by either party. 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. Authorize the Chairman to
sign the Agreement, subject to review and approval as to form by County
Counsel.
30.
Ratify
and approve an agreement with R.L. Hastings & Associates, LLC for
Administrative Subcontractor Services for the Ivanhoe Family Apartments in the
amount of $50,000. Find that the Board
had authority to enter into the Agreement as of May 9, 2011, and that it was in
the County's best interest to enter into the Agreement on that date.
31.
Ratify
and approve the 2011/2012 Transit Agreement with the City of Woodlake for the
City to provide transit service to County of Tulare residents from July 1,
2011, through June 30, 2012. Find that
the Board had the authority to enter into the 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.
Prohibit
the parking of vehicles on the west side of Road 208 from a point 1,465 feet
south of Avenue 152 to 1,555 feet south of Avenue 152 at the curb in front of
Rockford Elementary School.
33.
Authorize
the Resource Management Agency to notify the California Department of
Transportation and the California Transportation Commission of its intent to
expend local funds for construction of the Road 80 phase 3 project prior to the
allocation of State Transportation Improvement Program funds.
34.
Certify
that pursuant to Chapter 13 of the Public Resource Code and Title 14 of the
California Code and Title 14 of the California Code of Regulations, that the
Final Environmental Impact Report for the Santa Fe Bike Path/Multi-Purpose
Trail Connection Project has been completed in Compliance with California
Environmental Quality Act (CEQA); the Tulare County Board of Supervisors has
reviewed and considered the information contained in the Environmental Impact
Report prior to approving the project; and reflects the Board of Supervisors
independent judgment and analysis. Adopt
a Mitigation Monitoring and Reporting Plan for the Santa Fe Bike
Path/Multi-Purpose Trail Connection Project.
Adopt the California Environmental Quality Act Findings of Fact. Adopt of Final Findings for the Santa Fe Bike
Path/Multi-Purpose Trail Connection Project and approve the Santa Fe Bike
Path/Multi-Purpose Trail Connection Project as described in the Final
Environmental Impact Report. Direct
staff to file a Notice of Determination within five working days after deciding
carryout and approve the project.
35.
FOR
INFORMATION ONLY: Bid Opening Results
for the Traffic Signal at Avenue 280 and Road 180:
Contractor
|
Amount
|
Madco Electrical, Inc.
|
$425,687.00
|
Lee's Paving, Inc.
|
$493,504.40
|
|
|
Engineer's Estimate
|
$341,561.00
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Sheriff/Coroner
36.
Approve
an agreement with EZ Card and Kiosk for the installation of one kiosk at the
Detention Facility, effective on the date of installation and shall continue
for thirty-six months, with the option of up to two extensions of twelve months
each.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
37.
Request
from the Sheriff's Department to approve an amendment to Agreement No. 23050
with the United States Forest Service to increase the funding amount by
$100,000 for operations to suppress manufacturing and trafficking of controlled
substances on or affecting National Forest Service land, retroactive to October
1, 2010 through September 30, 2011. Find
that the Board had authority to enter into the agreement as of October 1, 2010,
and that it was in the County's best interest to enter into the agreement on
that date.
38.
Request
from Health and Human Services Agency to approve the adoption of Connecting the
Dots: A Proactive Approach to Addressing Homelessness as the local guiding
document in addressing the issues surrounding homelessness in the County of
Tulare and support for the Kings/Tulare Continuum of Care in implementation of
Connecting the Dots. Designate a staff
member and/or elected official to participate as a member of the Connecting the
Dots Action Committee, to begin implementation of Connecting the Dots.
39.
Request
from Health and Human Services Agency to approve the Personnel Resolution to
add the following positions: Mental Health: (1) Electronic Health Records (EHR)
Manager, (2) Staff Services Analyst III, (2) Licensed Social Worker (Clinician)
Health: (1) Electronic Health Records (EHR) Specialist, (1) Quality Assurance
Nurse, (1) Coding Specialist, (1) Training Officer II. Approve the Job Specifications.
40.
Request
from Information Communications & Technology to approve the re-title of the
following positions: (10) IT Business Analyst I/II to IT Client Specialist
I/II; (1) IT Business Analyst III to IT Client Specialist III; (2) IT Manager
to IT Project Manager III; and (4) IT Project Lead to IT Project Manager I/II,
subject to meet and confer with the union where applicable. Approve the job descriptions for
re-classification of the following positions: (1) IT Business Analyst I/II to
IT Funding Specialist I/II; (1) IT Business Analyst I/II to IT Data Center Administrator;
(5) IT Business Analyst I/II to IT Specialist Application Support I/II; (3) IT
Systems and Procedures Analyst I/II to IT Business Intelligence I/II; and (1)
IT Systems and Procedures Analyst I/II to IT Business Intelligence III, subject
to meet and confer with the union where applicable. Approve the addition of the following new
positions: (3) IT Enterprise Content Management Specialist I/II; (2) IT Systems
& Applications Trainer; and (1) IT Specialist Application Support I/II,
subject to meet and confer with the union where applicable. Approve the Personnel Resolution related to
the job descriptions, effective July 26, 2011.
41.
Request
from the Resource Management Agency to receive a report regarding the protest
letters received protesting the user fee increase proposed for the Tonyville
sewer zone of benefit in County Service Area 1.
Acknowledge that a written protest against the proposed user fee
increase was received from a majority of the owners/tenants of the properties
affected by the proposed user fee increase in the Tonyville sewer zone of
benefit. Approve the user fees
identified with no change in the user fees that were adopted on July 20, 2010
as Resolution No. 2010-0594 for Tonyville.
42.
Request
from Human Resources & Development to Impose the County's Last, Best, and
Final proposal adjusting the wages, terms, and conditions of employment as they
apply to employees in the G-LAW Bargaining Unit (Unit #8), effective August 1,
2011 as follows: 1) SALARY AND MERITS
(STEP) INCREASE: All merits (step)
increases are frozen and will not increase; 2) FLEXIBLY-ALLOCATED CLASSIFICATIONS: Maintain current suspension of Personnel Rule
3.1.1 for all classifications within a flexibly allocated class series; 3) SICK
LEAVE BUYBACK: Maintain current
suspension of Sick Leave Buyback; 4) FURLOUGH:
Maintain current Furlough Program of forty (40) unpaid furlough hours
reducing an employee's earnings by 1.923% from August 1, 2011 through July 31,
2012; and 5) DEFERRED COMPENSATION PROGRAM:
Maintain current suspension of Deferred Compensation Match Program.
43.
Request
from Human Resources & Development to Impose the County's Last, Best, and
Final proposal adjusting the wages, terms and conditions of employment for
employees in SEIU 521 Bargaining Units 1, 3, 4, 6, and 7, effective August 1,
2011 as follows: 1) EMPLOYEE BENEFIT PLAN: Modify language to include for plan years
2012 to cover increases to minimum benefit amount for the $1,000.00 deductible
employee-only medical, dental, vision, and $10,000.00 life insurance coverage;
2) SICK LEAVE USAGE: Maintain current
suspension of sick leave buyback; 3) SALARY AND RENEGOTIATIONS: No salary increases or cost of living
adjustments; 4) FLEXIBLY-ALLOCATED CLASSIFICATIONS: Maintain current suspension of Personnel Rule
3.1.1 for all classifications within a flexibly allocated class series; 5)
MERIT INCREASES: All merit (step)
increases are frozen and will not increase; 6) FURLOUGH: Maintain current Furlough Program of forty
(40) unpaid furlough hours August 1, 2011 - July 31, 2012 reducing an
employee's earnings by 1.923%; and 7) Other non-economic provisions.
44.
Request
from Human Resources & Development to Impose the County's Last, Best, and
Final proposals adjusting the wages, terms, and conditions of employment for
employees in the Tulare County District Attorney's Investigators Association
(TCDAIA), Unit #5, effective August 1, 2011 as follows: 1) SALARY:
Maintain current suspension of all merit (step) increases; 2) EMPLOYEE
BENEFIT PLAN: Update provision to
reflect that for employees participating in the Health Plan that have a benefit
amount that is less than the premium charged for the $1,000 deductible
employee-only medical, dental, vision and $10,000 life insurance coverage, the
County will increase the MINIMUM benefit amount to pay for any premium increase
for plan year 2012. The increase to the
benefit amount, IF ANY, will coincide with the premium increase for plan year
2012; 3) SICK LEAVE: Maintain current
suspension of Sick Leave Buy Back; 4) FLEXIBLY-ALLOCATED POSITIONS: Maintain current suspension of Personnel Rule
3.1.1 for all classifications within a flexibly allocated class series; and 5)
FURLOUGH: Maintain current Addendum B
"FURLOUGH POLICY _ FLSA Covered Employees" Program of forty (40)
furlough hours per Fiscal Year (August 1 through July 31, 2011) - reducing an
employee's earnings by 1.923%.
45.
Request
from Human Resources & Development to Impose the County's Last, Best, and
Final proposal adjusting the wages, terms, and conditions of employment as they
apply to employees in the Tulare County Corrections Association Bargaining Unit
(Unit #12), effective August 1, 2011 as follows: 1) MERITS:
Maintain current suspension of all merit (step) pay increases; 2)
EMPLOYEE BENEFIT AMOUNT: The same amount will be received for Health plan year
2012; 3) FLEXIBLY ALLOCATED POSITIONS: Maintain current article language; 4)
SICK LEAVE BUY BACK: Maintain current
suspension of Sick Leave Buy Back; and 5) FURLOUGH: Maintain current Furlough Program of forty
(40) unpaid furlough hours commencing August 1, 2011 - July 31, 2012 which
includes reducing an employee's earnings by 1.923% over the same period.
46.
Request
from Human Resources & Development to Impose the County's Last, Best, and
Final proposal adjusting the wages, terms, and conditions of employment as they
apply to employees in the Tulare County Professional Firefighters Association
Bargaining Unit (Unit #23), effective August 1, 2011: 1) FURLOUGH: All unit employees in each twelve month
period of the Memorandum of Understanding shall be furloughed. Captains and Lieutenants assigned to shift
work shall have their compensation reduced by forfeiting 56.8 paid Holiday
Hours (equivalent to a 1.923% wage reduction) and shall receive 56.8 furlough
hours. Administrative Captains shall have their wage reduced by 1.923% and
shall receive 40 furlough hours; 2) MERIT/STEP INCREASES: Suspended; 3) SICK LEAVE BUY BACK: Suspended; 4) DEFERRED COMPENSATION
MATCH: Suspended; 5) BENEFIT
AMOUNT: Effective with the new Health
Plan Year 2012, for employees participating in the Health Plan that have a
benefit amount that is less than the premium charged for the $1,000 deductible
employee-only medical, dental, vision, and $10,000 life insurance coverage, the
County will increase the benefit amount to pay for any premium increase for
plan year 2012. The increase to the
benefit amount will coincide with the premium increase for plan year 2012; and
6) Other items as cited.
47.
Request
from Human Resources & Development to Impose the County's Last, Best, and
Final proposal adjusting the wages, terms, and conditions of employment as they
apply to employees in the United Automobile, Aerospace & Agricultural
Implement Workers of America, Bargaining Unit #2, effective August 1, 2011 as
follows: 1) MERIT/STEP INCREASES: Maintain current suspension of all merit
(step) increases; 2) BENEFIT AMOUNT:
Update provision to reflect that for plan year 2012, employees
participating in the Health Plan that have, on the effective date of the
premium change, a benefit amount that is less than the premium charged for the
$1,000 deductible employee-only medical, dental, vision and $10,000 life
insurance coverage, will have that benefit amount increased to an amount
sufficient to pay for the 2012 premiums charged for the $1,000 deductible
employee-only medical, dental, vision, and $10,000 life insurance
coverage. The increase to the benefit
amount will coincide with the premium increase for plan year 2012; 3) SICK
LEAVE BUY BACK: Maintain current suspension of Sick Leave Buy Back; 4) FLEXIBLY
ALLOCATED CLASSIFICATIONS: Maintain current suspension of Personnel Rule 3.1.1
for all classifications within a flexibly allocated class series; 5) FURLOUGH:
Maintain current Furlough Program of forty (40) unpaid furlough hours
commending August 1, 2011 - July 31, 2012 and reducing an employee's earnings
by 1.923%; and 6) Additional items as cited.
(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
|
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: Frank Enepi Sisneroz v. Bill
Wittman, et al.
United
States District Court Case Nos. 1:08-cv-01971 DLB PC and 1:05-cv-00519-AWI GSA
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 REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 41680 Road 38, Reedley,
CA 93654
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Helmut Kaunzinger and Ingeborg
Kaunzinger
Under Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54958.8)
Property
Description: 4158 Avenue 416, Reedley, CA 93654
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Home Vineyard Company
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
F
COFERENCE WITH REAL PROPERTY
NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 41747 Road 38, Reedley,
CA 93654
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Steven Stoll and Hilda Stoll
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Jeff Cardell,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...