(Public Comment Period)
1.
Honor
Nettie Morrison for her decades of service to Allensworth.
2.
Recognize
United Way's Woodlake Concilio de Salud participants for their service to the
community of Woodlake.
3.
Public
Comments.
4.
Board
of Supervisors matters.
CONSENT CALENDAR (Number 5 through 39)
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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
5.
Accept
the Certified Statement of Vote as submitted by the Registrar of Voters for
those Offices/Measures for which the Board of Supervisors is the Governing
Body. Review and accept the Certified
Statement of Vote as submitted by the Registrar of Voters for the unification election
in the Woodlake area, and direct staff to forward a copy of this statement to
the appropriate recipients.
Board of Supervisors
6.
Ratify
the following Proclamations: Recognizing
November 11, 2011 as Veteran's Day in Tulare County and Honoring Veronica
Garcia for her services as Chairman of the Board of Directors for the
Porterville Chamber of Commerce.
7.
Appoint
Tracy Molina to the Tulare County Water Works District #1 for a term ending May
1, 2012.
8.
Appoint
Glen R. Fowler, District 1 Representative to the Assessment Appeals Board for a
term ending September 2, 2013.
9.
Approve
the Conflict of Interest Code submitted by the Alpaugh Irrigation District.
10.
Approve
$95,000 in funding awards from the Step Up Youth Activities Grant Program as
recommended by the Tulare County Youth Commission as follows: District 1:
Courage to Change ($10,000) and El Quinto Summer Arts Program ($5,000);
District 2: Tulare Athletic Boxing Club ($10,000), Greater Tulare Recreation
Foundation ($5,000) and Tulare County
Police Assistance League ($5,000); District 3: Proteus Neighborhood Youth
Counselor Program ($10,000) and Visalia Police Assistance League ($10,000);
District 4: AYSO ($5,000), Big Brothers Big Sisters ($5,000), Sequoia Council,
Boy Scouts of America ($5,000) and YESS Sports Program ($5,000); and District
5: Porterville Education Foundation ($10,000), and Wild Places ($10,000). Authorize the Chairman to sign grant
agreements, subject to review and approval as to form by County Counsel.
County Administrative Office
11.
Approve
Administrative Regulation No. 40 regarding Employee Appreciation Policy.
12.
Approve
Revision #1 of Administrative Regulation No. 31 - Use of County Facilities by
non-County organizations.
District Attorney
13.
Approve
an amendment to Agreement No. 24021 with the California Emergency Management
Agency to accept grant funding in the amount of $21,486 for the Central Valley
Rural Crime Prevention Program, retroactive to July 1, 2010 through December
31, 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. Approve the necessary budget
adjustments. (4/5th's vote required)
14.
Ratify
and approve an amendment to Agreement No. 24022 with the California Emergency
Management Agency to accept grant funding in the amount of $15,509 for the
Vertical Prosecution Block Grant Program, retroactive to July 1, 2010 through
December 31, 2011. Ratify the Chairman's signature on the amendment to agreement. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2010, and that is was in the County's
best interest to enter into the agreement on that date. Approve the necessary budget
adjustments. (4/5ths vote required)
15.
Approve
an amendment to Agreement No. 25098 with the California Emergency Management
Agency to reduce the grant award by $44,429 for the Violence Against Women
Vertical Prosecution Program for the grant 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.
16.
Ratify
and approve an agreement with the State of California, Insurance Commissioner
to accept grant funding in the amount of $200,000 for the Automobile Insurance
Fraud Prosecution Program, retroactive to July 1, 2011 through June 30,
2012. Recognize an additional $7,302 in
carry over funds from Fiscal Year 2010/2011 for a total of $207,302. Ratify and approve the District Attorney's
signature on the Agreement. 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. Approve the necessary
budget adjustments. (4/5ths vote required)
17.
Ratify
and approve an agreement with the State of California, Insurance Commissioner
to accept grant funding in the amount of $362,221 for the Workers' Compensation
Insurance Fraud Prosecution Program, retroactive to July 1, 2011 through June
30, 2012. Recognize an additional $6,840
in carry over funds from Fiscal Year 2010/2011 for a total of $369,061. 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. Ratify and approve the District Attorney's
signature on the Agreement.
General Services
18.
Approve
the Assignment to Joint Exercise of Powers Agreement No. 19844 with Kaweah
Delta Water Conservation District for the Elk Bayou Park Sinking Basin
assigning Tulare County's rights and responsibilities to the City of Tulare.
Health & Human Services Agency
19.
Approve
an agreement with Dr. Roldofo Vicente, Inc. in an amount not to exceed a total
of $250,000 to provide medical 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.
20.
Approve
the Special Education Local Plan Area Memorandum of Understanding with the
Tulare County Office of Education, retroactive to July 1, 2011 through June 30,
2012. Find that the Board had authority
to enter into the proposed Memorandum of Understanding as of July 1, 2011, and
that it was in the County's best interest to enter into the agreement on that
date.
21.
Approve
the formation of the Tulare Medical Reserve Corps by the County of Tulare
Department of Public Health to provide critical volunteer medical professionals
in the event of a public health emergency or disaster. Approve the Tulare Medical Reserve Corps to
receive grant funding from government grants and other private grant-making
sources. Approve the Confidentiality
Agreement with Disaster Healthcare Volunteers to allow Dr. Karen Haught, or her
appointed designee, to sign the form agreeing to maintain the security and
confidentiality of all records and information used for Disaster Healthcare
Volunteers system.
22.
Approve
the Program Letter of Agreement between Kaweah Delta Health Care District and
Tulare County Mental Health Services for the Psychiatry Residency Training
Program effective January 1, 2012 through December 31, 2017. Authorize the Tulare County Director of
Mental Health, or her designee, to sign any ministerial documents associated
with the residency program.
Human Resources & Development
23.
Authorize
the extension of the Voluntary Time Off (VTO) Program to June 30, 2013.
Probation
24.
Ratify
and approve an amendment to Agreement No. 23955 with the United States
Department of Justice for seized and forfeited drug assets, retroactive to July
1, 2011 through June 30, 2012. Find that
the Board had the authority to enter into the proposed amendment to 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.
25.
Accept
funding from the United States Department of Justice, Bureau of Justice
Assistance, Office of Justice Programs, Bulletproof Vest Program in the amount
of $2,160 for Fiscal Year 2011/2012.
Ratify the Probation Grants Specialist's signature on the Certifications.
26.
Approve
an agreement with the California Franchise Tax Board for Court Ordered Debt
Collections, retroactive to December 1, 2011 through November 30, 2014. Find that the Board had the authority to
enter into the proposed agreement as of December 1, 2011, and that it was in
the County's best interest to enter into the agreement on that date.
27.
Approve
the capital asset purchase of a van and a trailer for Probation Department's
Juvenile Work Program in the total amount of $33,500. Approve the necessary budget
adjustments. (4/5ths vote required)
Resource Management Agency
28.
Approve
an amendment to Agreement No. 24817 with the Tulare County Association of
Governments to extend the term of the agreement to May 31, 2012 for providing
transit services to the College of Sequoias.
29.
Approve
Program Supplement No. N058 in the amount of $348,205 to Administering
Agency-State Agreement for Federal-Aid Project No.06-5946 for design of
pedestrian improvements on Road 126 - Avenue 414 to Ella Avenue, Avenue 414 -
David Road to Road 126, David Road - Avenue 414 to Luxor Avenue, Avenue 413 -
Road 127 to David Road and Road 127 - Avenue 416 to Avenue 413.
30.
Find
that the applicant, Atwell Island Water District, has satisfied the conditions
and contingencies enumerated in the Certificate of Tentative Cancellation
approved for Land Conservation Contract No. 7191 for project PAC 10-002. Execute the Certificate of Cancellation of
Land Conservation Contract No. 7191.
Direct the Clerk of the Board of Supervisors to record the Certificate
in the Office of the Tulare County Recorder.
31.
Amend
Resolution No. 2009-1014 and authorize the Resource Management Agency Director
and/or Assistant Directors to Sign Indemnification Agreements on behalf of the
County.
32.
Approve
the Plans, Special Provisions, Proposal and Contract for the Construction of
the Road 80 (Phase 3) Project located between south of the St. Johns River to
Avenue 384. Authorize the Chairman of
the Board of Supervisors to sign the Plans.
Approve the advertisement for bids of the Construction of the Road 80 (Phase
3) Project. Set the bid opening date for
January 9, 2011 at 2:00 p.m.
33.
Approve
the Joint Funding Agreement with the United States Geological Survey for water
resources investigations retroactive to November 1, 2011 through October 31,
2012. Find that the Board had authority to enter into the proposed agreement as
November 1, 2011, and that it was in the County's best interest to enter into
the agreement on that date.
34.
Approve
a Remittance Agreement between the County of Tulare and the Tulare County
Redevelopment Agency to transfer a portion of Redevelopment Agency tax
increment to the County in an amount not to exceed the annual remittance
required each year pursuant to Assembly Bill X1 27, the Voluntary Program Act,
Section 34194.2, conditioned on and operative upon the California Supreme Court
lifting the Stay ordered in the case California Redevelopment Association v.
Matosantos (filed on July 18, 2011), and ultimately deciding that AB1X 27 is
constitutional.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
35.
Approve
a Remittance Agreement between the County of Tulare and the Tulare County
Redevelopment Agency to transfer a portion of Redevelopment Agency tax
increment to the County in an amount not to exceed the annual remittance
required each year pursuant to Assembly Bill X1 27, the Voluntary Program Act,
Section 34194.2, conditioned on and operative upon the California Supreme Court
lifting the Stay ordered in the case California Redevelopment Association v.
Matosantos (filed on July 18, 2011), and ultimately deciding that AB1X 27 is
constitutional. Authorize the Chairman of the Board to execute the Agreement.
36.
Approve
an amendment to Agreement No. RA-207 with 4Creeks, Inc., amending the
expiration date of the consultant's agreement from December 31, 2011, to
correspond with the grant termination date of February 28, 2012.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
Sheriff/Coroner
37.
Approve
an amendment to Agreement No. 25219 with the United States Department of
Justice, Drug Enforcement Administration, Organized Crime Drug Enforcement Task
Force, for investigation services retroactive to December 1, 2011 through
September 30, 2012. Find that the Board
had authority to enter into the agreement as of December 1, 2011, and that it
was in the County's best interest to enter into the agreement on that date.
38.
Approve
the reclassification of Position No. 7388 Administrative Aide to Paralegal 1-K
(Confidential). Pending meet and confer
with impacted units.
Workforce Investment Board
39.
Approve
the budget adjustment resulting from the State of California's unilateral
modification of Agreement No. 24616-1, adding $400,000 to Grant 338 for receipt
of second increment of National Emergency funding for On the Job Training
project. 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
40.
Request
from Resource Management Agency to delete one Heavy Equipment Mechanic II
(position #3104) from Fire Department.
Delete one Heavy Equipment Mechanic III (position #7585) from Fire
Department. Approve the addition of one
Heavy Equipment Mechanic II position to Resource Management Agency and move
incumbent of position #3104 into that position.
Approve the addition of one Heavy Equipment Mechanic III position to
Resource Management Agency and move incumbent of position #7585 into that
position. Approve the addition of two
Accountant I/II positions per the Personnel Resolution. Approve the necessary
budget adjustments. (4/5ths vote
required)
41.
Request
from Resource Management Agency to approve the addition of a new classification
and the position of Chief Environmental Planner. Approve the designation of all new and vacant
Planner IV positions to At-Will status and approve grandfathering incumbent of
position #7960 to remain as competitive status per the attached Personnel
Resolution. Approve the necessary budget
adjustments. (4/5ths vote required)
42.
Presentation
given by the Resource Management Agency regarding operations of the Countywide
Planning Division.
(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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Alice Renee Smylie vs. County of
Tulare John Davis an Individual, et al Tulare County Superior Court Visalia
Judicial District Case Number: 11-244606
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Alice Renee Smylie vs. County of
Tulare John Davis an Individual, et al Tulare County Superior Court Visalia
Judicial District Case Number: 11-244606
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Michael Helman (Deceased) vs.
County of Tulare Workers' Compensation Appeals Board Numbers: ADJ6886052 &
ADJ6875740
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Michael Alan Yocom vs. County of
Tulare Tulare County Superior Court No. 09-234899
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare vs. Brett
Simmonds
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: SEIU Local 521 vs. County of
Tulare Public Employment Relations Board Charge No. SA-CE-748-M
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL COUNSEL
- EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Marroquin vs. County of Tulare, et
al. Tulare County Superior Court No. 11-242155
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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Matheny Tract Committee vs. County
of Tulare, et al. Tulare County Superior Court Case No. 11-243725
Next Item(s)
Sitting as...
ITEM
J
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
K
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
L
CONFERENCE WITH LEGAL
COUNSEL
Details
Deciding
Whether or Not Basis Exists for Anticipated Litigation Closed Session (Gov.
Code § 54956.9(b)(2).)
Next Item(s)
Sitting as...
ITEM
M
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...
