(Public Comment Period)
1.
Honor
Steve Sunderland, Tulare County Fire Chief upon his Retirement for his decades
of public service to Tulare County.
2.
Recognize
August 8 - 14, 2011 as National Health Center Week and receive a presentation
from Family Healthcare Network regarding the importance of Health Centers.
3.
Presentation
given by Lauren Brant with Public Financial Management regarding the Annual
Administrator's Report for the Millennium Fund.
4.
Public
Comments.
5.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from the County Administrative Office to receive
comments regarding the 2011 Redistricting Maps.
7.
PUBLIC
HEARING: Request from the Resource Management
Agency to approve placement of Seville Water Company delinquent water service
fees, delinquent penalties and Auditor's collection charges on the 2011/2012
Tax Rolls.
8.
PUBLIC
HEARING: Request from the Resource Management
Agency for Acquisition of Property by Eminent Domain for the Road 108
Reconstruction Project Pursuant to Code of Civil Procedure Section 1245.330;
Kampen. Adopt, determine, find, declare,
and resolve as follows: a) The proposed
Project is acquired for a public use; b) The public interest and necessity
require the Project; c) The Project is planned and located in the manner that
will be most compatible with the greatest public good and the least private
injury; d) The property described in Appendix A is necessary for the Project;
e) Pursuant to Code of Civil Procedure 1240.610, the use for which the Subject
Property is sought to be taken is a more necessary public use than the use to
which the property is appropriated; f) The offer described in Appendix B and
required by Government Code Section 7267.2(a), together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owners of record, and the offer, accompanying
statement and summary complied with the requirements of Government Code Section
7267.2(a); and g) County Counsel is authorized to file a legal action in
eminent domain against the property owners to acquire the subject
property. (2/3rds vote required)
(Consent Calendar)
CONSENT CALENDAR (Number 9 through 29)
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NOTICE TO THE PUBLIC
Background information
has been provided to the board on all matters listed under the Consent
Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are
normally approved by one motion. If
discussion is requested by any Board members on any item, that item will be
removed from the Consent Agenda if separate action is required.
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Auditor-Controller/Registrar of Voters
9.
Approve
the Candidate Statement Regulations and Printing Fees for the November 8, 2011
Uniform District Election Law Election.
Require each candidate filing a statement to pay the estimated cost in
advance. The estimated cost will be
adjusted to actual cost upon completion of the Election. Candidates will be refunded or billed for the
difference. Limit each Candidate's
Statement to no more than 200 words for Special Districts.
County Administrative Office
10.
Approve
sending a letter to the Board of Forestry and Fire Protection opposing
implementation of Abx1 29, the "State Responsibility Area Fire Prevention
Fees" legislation.
General Services
11.
Approve
an amendment to Agreement No. 16893 between the County of Tulare and Lloyd
Turner, in the amount of $6,556, for office space located at 240 E. Honolulu,
in the City of Lindsay.
Health & Human Services Agency
12.
Approve
the termination of Resolution No. 2010-1016, adopted December 21, 2010,
declaring a local state of emergency in Tulare County due to the winter storm
of 2010.
13.
Approve
the application and acceptance of funds from the Department of Alcohol and Drug
Programs, Office of Criminal Justice, for the Comprehensive Drug Court
Implementation (CDCI) Notice of Grant Award No. CDCI-11/12-54 Program in the
amount of $156,155 for the Grant Award Period January 1, 2012 through December
31, 2012. Authorize Cheryl L. Duerksen,
Ph.D., County Alcohol and Drug Administrator, to sign the Notice of Grant
Award, the CDCI Proposed Budget Request, and the CDCI Multi-Agency Plan.
14.
Authorization
to pursue and enter into service agreements from companies that have the
ability to process the receipt of credit card payments on client/patient
accounts.
15.
Approve
an agreement with JDT Consultants, Inc. in an amount not to exceed $470,000 to
provide Therapeutic Behavioral Services (TBS), 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.
16.
Ratify
and approve an amendment to Agreement No. 25036 with CF Merced, LLC d.b.a.
Country Villa Merced Behavioral Health Center, a locked skilled nursing
facility, in an amount not to exceed $814,000 for the continued provision of
stabilization and long-term maintenance for mentally disabled clients,
retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter
into the proposed amendment on July 1, 2011, and that it was in the County's
best interest to enter into the amendment on that date.
17.
Approve
an amendment to Agreement No. 23225 with California Department of Health
Services (DHS), for Tulare County to participate in the Targeted Case
Management (TCM) Program, retroactive to June 1, 2011 through June 30,
2012. Find that the Board had authority
to amend the Agreement as of June 1, 2011, and that it was in the County's best
interest to amend the Agreement on that date.
18.
Approve
an amendment to Agreement No. 21964 with the National Council on Alcoholism and
Drug Dependence in an amount not to exceed $450,000 to amend and update Exhibit
"A" and "B" for the provision of alcohol and drug
prevention services upon signing through June 30, 2013.
19.
Ratify
and approve an amendment to Agreement No. 24976 with Unilab Corporation d.b.a.
Quest Diagnostics to increase the maximum amount of the agreement by $60,000
from $150,000 to $210,000 for the provision of clinical laboratory services,
retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to amend
the Agreement as of July 1, 2010, and that it was in the County's best interest
to amend the Agreement on that date.
20.
Ratify
and approve an amendment to Agreement No. 24121 with Health Net of California,
Inc. to continue providing and/or arranging medical, vision, and mental health
services for the Tulare Healthy Kids 6-18 Program, retroactive to November 1,
2010 through December 31, 2011. Find
that the Board had authority to enter into the agreement as of November 1,
2010, and that it was in the County's best interest to enter into agreement on
that date.
Human Resources & Development
21.
Authorize
the temporary office closures for Fiscal Year 2011/2012 for selected County
operations on the specified prospective dates as follows:
Probation
22.
Find
that the County of Tulare desires to participate in the Federal Title II
Formula Block Grant Program supported by federal formula grant funds and
administered by the Corrections and Standards Authority. Authorize the submission of a grant
application for funding in the amount of $300,000 from Corrections and
Standards Authority to reduce the number of youth unnecessarily held in
detention for the period of January 1, 2012 through December 31, 2012.
23.
Approve
amendments to the following: Agreement
No. 21680 with Earlimart School District;
Agreement No. 21685 with Lindsay Unified School District; Agreement No.
21655 with Porterville School District; Agreement No. 21673 with Dinuba Joint
Unified School District; Agreement No. 21672 with Cutler-Orosi Unified School
District; and Agreement No. 21719 with Tulare Joint Union High School District
to provide services of Probation Officers for the continued operation of the
Campus Probation Officer Program, retroactive to July 1, 2011 through June 30,
2012. Find that the Board had authority
to enter into the proposed agreements as of July 1, 2011, and that it was in
the County's best interest to enter into the agreements on that date.
24.
Approve
amendments to the following: Agreement
No. 21656 with the City of Dinuba; Agreement No. 21659 with the City of
Visalia; and Agreement No. 21657 with City of Lindsay to provide the services
of Probation Officers for the continued operation of the Delinquency Prevention
Program, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had the authority to
enter into the proposed agreements as of July 1, 2011, and that it was in the
County's best interest to enter into the agreements on that date.
Resource Management Agency
25.
Authorize
submittal of 2011 Home Investment Partnerships Program (HOME) Project
Application not to exceed $5,100,000 in response to the Notice of Funding
Availability (NOFA) issued on June 1, 2011, for construction of a thirty unit
Single Family Rental New Construction Project to be located in the
unincorporated community of Pixley in Tulare County. Agree that if the application for funding is
approved, the County will use the HOME funds for eligible activities in the
manner presented in the application, as approved by the Department of Housing
and Community Development (HCD) and in accordance with Title II of the
Cranston-Gonzalez National Affordable Housing Act of 1990, in federal
implementing regulations set forth in Title 24 of the Code of Federal
Regulations, Part 92, and in Title 25 of the California Code of Regulations
commencing with Section 8200. Authorize
the Chairman of the Board to execute in the name of the County of Tulare, the
application, the Standard Agreement and any amendments thereto, subject to
County Counsel review and approval and all other documents required by the
Department of Housing and Community Development for participation in the HOME
Program.
26.
Approve
an agreement with Wadell Engineering Corporation in the amount of $89,750 for
Engineering Services to design the Apron and Ramp Rehabilitation Project at
Sequoia Field Airport.
27.
Approve
an Operation and Maintenance Agreement with the City of Porterville for a
portion of Teapot Dome Avenue (Avenue 128) from 1,342 feet east of West Street
(Road 220) to Westwood Street (Road 224).
28.
Waive
the second reading and adopt 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).
Workforce Investment Board
29.
Approve
the Workforce Investment Act Local Plan Modification for Plan Year 2011/2012.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
30.
Request
from the Resource Management Agency to receive a presentation about Tulare
County Film Commission activities and adopt the Tulare County Film Commission
Marketing Plan for Fiscal Year 2011/2012.
31.
Request
from the Resource Management Agency to receive a presentation about Tulare
County Tourism Development activities and adopt the Tulare County Tourism
Marketing Plan for Fiscal Year 2011/2012.
(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: 1
Acquisition
of Property by Eminent Domain for the Road 108 Reconstruction project pursuant
to Code of Civil Procedure 1245.330. Property owners Floyd Kampen and Gail
Kampen see Board of Supervisors agenda item August 9, 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
Place
Seville Water Co. water service fees, delinquent penalties and Auditor
collection charges on the 2011/2012 Tax Rolls. Board of Supervisors Public
Hearing August 9, 2011
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Dinuba Citizens for Responsible Planning, Roger Wazdatskey, Ruben
Navarro, Sr. vs. County of Tulare; Real Parties in Interest Richard Best Transfer,
Inc., Tulare County Superior Court Case No. VCU 11-242658
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Case Name Unspecified
Because of Jeopardy to Service of Process or Settlement Negotiations
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: 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
F
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
G
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
H
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
I
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
ITEM
J
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
K
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...
