(Public Comment Period)
1.
Election
of the Chairman and Vice Chairman of the Board of Supervisors for the year
2012.
2.
Approve
a Proclamation to recognize and acknowledge the month of January 2012 as
National Mentoring Month on behalf of the Big Brothers Big Sisters of Central
California.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request from the Fire Department to
confirm the accounting as modified for the Fire Hazard Abatement Cost Recovery
and order that the costs as confirmed be recorded in the office of the Tulare
County Recorder. Order that the Tulare
County Auditor-Controller/Treasurer-Tax Collector place such costs on the County
Tax Roll as special assessments against the respective parcels of land.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 53)
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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
6.
Establish
the 2011-2012 GANN Appropriations Limit for the County to be $2,881,782,327.
Board of Supervisors
7.
Approve
the 2012 Board of Supervisors Committee Assignments.
8.
Cancel
the following meetings for the Board of Supervisors during 2012:
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January 17
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April 10
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July 17
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October 30
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February 14
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May 29
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August 7
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November 20
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February 21
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June 12
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August 21
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November 27
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March 27
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July 3
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September 4
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December 25
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9.
Reappoint
Clyde Stanger to the Tulare Mosquito Abatement District for a term ending
December 31, 2013.
10.
Appoint
John Rodriguez as Superintendent of School/Designee to the First 5 Tulare
County Commission to serve at the Pleasure of the Board.
11.
Appoint
Al Biard as a special alternate to the Assessment Appeals Board to sit on the
panel for the Sierra Power Corporation matter.
12.
Appoint
Andrew Lockman, Public Health, Tulare County OES, Seat #28, Mathew Caserza,
Paramedic Alternate, Seat #27, Dustin Hall, Advanced Life Support Fire, Visalia
City Fire Department, Seat #2 to the Tulare County Emergency Medical Care
Committee to serve at the Pleasure of the Board.
13.
Appoint
Doug Silveria, Member No. 1 and Jack M. Ritchie, Member No. 2 to the Airport
Land Use Commission for terms ending December 31, 2015.
14.
Appoint
John Hess, District 3, Regular Commissioner to the Tulare County Housing
Authority for a term ending December 18, 2015 and reappoint Pamela Shaw, Tenant
Commissioner to the Tulare County Housing Authority for a term ending December
18, 2013.
15.
Reappoint
Wayne O. Millies, Director 5 and Charles Norman, Member At-Large to the Tulare
County Planning Commission for terms ending December 31, 2015.
16.
Reappoint
Stan Noble to the Tulare County Resource Conservation District for a term
ending November 26, 2014.
County Administrative Office
17.
Approve
sending a letter of opposition to AB 801 (Swanson) which would require minimum
training standards, continuing education and the requirement to wear a uniform
for any public employee authorized to act as a code enforcement officer.
18.
Approve
an agreement with PolicyLink to acquire data for the County of Tulare
Disadvantaged Community Water Study.
Authorize the Chairman to sign the agreement, subject to review and
approval as to form by County Counsel.
19.
Approve
an agreement with Carolina Balazs to acquire data for the County of Tulare
Disadvantaged Community Water Study.
Authorize the Chairman to sign the agreement, subject to review and
approval as to form by County Counsel.
20.
Approve
the reclassification of Position No. 8341 Administrative Services Officer II to
Fiscal Manager for Tulare County Association of Governments.
District Attorney
21.
Approve
the capital asset purchase of a new vehicle for the Automobile Insurance Fraud
Prosecution Program in the amount of $19,509.
Approve the necessary budget adjustments. (4/5ths vote required)
General Services
22.
Approve
a five (5) year exclusive agreement with California Business Machines for the
rental of new Kyocera Mita Digital Photocopiers for use by all County
departments. Approve the Rental
Financing Agreement with U.S. Bancorp Business Equipment Finance Group for the
rental payments.
Health & Human Services Agency
23.
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 July 1, 2009 through
December 31, 2012. Find that the Board had authority to enter into the
amendment as of July 1, 2009, and that it was in the County's best interest to
enter into the amendment on that date.
24.
Approve
the Memorandum of Understanding to provide services on behalf of Child Welfare
Services foster children through cooperation, collaboration, and sharing of
appropriate information between the Tulare County Health & Human Services
Agency Child Welfare Services Division and Legacy Behavioral Services Foster
Family Agency retroactive to July 1, 2011.
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 Memorandum of Understanding on that date.
25.
Approve
the Memorandum of Understanding to provide services on behalf of Child Welfare
Services foster children through cooperation, collaboration, and sharing of
appropriate information between the Tulare County Health & Human Services
Agency (HHSA) Child Welfare Services Division and Karing 4 Kids, Foster Family
Agency retroactive to July 1, 2011. 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 Memorandum of Understanding on that date.
26.
Authorize
the Director of Mental Health, in conjunction with Tulare County General
Services - Property Management and Tim Sciacqua, Consultant for Tulare County
Department of Mental Health Consumer Housing Projects, to proceed with
development of Mental Health Services Act Capital Facilities program. Approve expending due diligence costs not to
exceed $40,000 from existing budget.
27.
Approve
an agreement with Access Capital Services, Inc., to provide collection services
for Tulare County Health & Human Services Agency retroactive to 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.
28.
Approve
the acceptance of funds from the California Emergency Management Agency for the
Fiscal Year 2011 State Homeland Security Grant Program in the amount of
$667,589, retroactive to November 18, 2011 through April 30, 2014. Find that the Board had authority to accept
the grant funds as of November 18, 2011, and that it was in the County's best
interest to accept the funding on that date.
Accept funds from the Tulare County Office of Emergency Services on
behalf of Sheriff, Fire, District Attorney, Resource Management Agency, and
Health and Human Services Agency-Public Health Emergency Preparedness
Program. Approve the sole-source
purchase of an Air/Light Truck for the Fire Department. Authorize the
Purchasing Agent to waive the bid process for the sole-source purchase of an Air/Light
Truck, and to sign contract documents related to the purchase. Approve the capital asset purchase of a
digital video recording system in the amount of $6,500 for the Sheriff's
Department. Approve the necessary budget
adjustments for Health & Human Services Agency, District Attorney, Fire,
Resource Management Agency, and Sheriff. (4/5ths vote required)
29.
Approve
an agreement with Unilab Corporation d.b.a. Quest Diagnostics in an amount not
to exceed $225,000 for the provision of clinical laboratory 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.
30.
Approve
an agreement with Staffing Connection, Inc., in an amount not to exceed a total
of $150,000 to provide on-call nursing staff to fill temporary vacancies for
Tulare County Health & Human Services Agency Criminal Justice Facilities,
retroactive from September 22, 2011 to June 30, 2012. Find that the Board had authority to enter
into the proposed agreement as of September 22, 2011, and that it was in the
County's best interest to enter into the agreement on that date.
31.
Approve
the Mental Health Services Act, Innovation (INN) Component Plan. Authorize the Tulare County Director of
Mental Health to sign the County Certification and submit the Mental Health
Services Act, Innovation (INN) Component Plan to the State Department of Mental
Health.
32.
Approve
an agreement with Elitecare Nursing Staffing, LLC, in an amount not to exceed a
total of $350,000 to provide on-call nursing staff to fill temporary vacancies
for Tulare County Health & Human Services Agency Criminal Justice
Facilities, retroactive from September 16, 2011 to June 30, 2012. Find that the Board had authority to enter
into the proposed agreement as of September 16, 2011, and that it was in the
County's best interest to enter into the agreement on that date.
Human Resources & Development
33.
Approve
an agreement with Service Employees International Union to allow Health and
Human Services Agency employees in units 1, 4 and 7 to be paid for overtime
when working on case backlogs through April 7, 2012.
Information & Communications Technology
34.
Authorize
the County to sponsor a Tech Fair for all Tulare County employees. Authorize invitations for outside attendees,
not limited to; local city governments, local county governments, and local
education institutions. Authorize
employees who are working during the Fair's hours to attend on County time,
subject to coordination and approval of their department to assure that
services continue to be provided.
Authorize the department to require a registration fee for a booth and
additional fees for additional services needed by a vendor. Authorize Tulare County Information &
Communications Technology to expend no more than $5,000, in the event fees
received do not cover the cost of the event.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY IHSS
PUBLIC AUTHORITY
In-Home Supportive Services Public Authority
35.
Approve
the side letter agreement with the California United Homecare Workers Union to
extend the term of the Memorandum of Understanding through June 30, 2012.
ADJOURN AS THE TULARE COUNTY IHSS PUBLIC AUTHORITY AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
Resource Management Agency
36.
Introduce
and waive the first reading of an Ordinance amending Section 2 and Part II G of
Section 16 of the Tulare County Zoning Ordinance pertaining to public works
staging areas for public projects through administrative use permits. 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. Set a public hearing for January 24, 2012.
37.
Approve
the Relinquishment Agreement by and between Caltrans and the County of Tulare
(Caltrans Agreement Number 06-1489) for specified collateral facilities along
State Route 198 between State Route 99 and the Kings County Line.
38.
Accept
the work as complete for construction of the Orosi Landfill Final Closure
Project as completed by Mass X Inc. of Clovis, California. Approve payment to Contractor for contract
contingencies of $202,286.23 in excess of the contract bid amount. Authorize the Chairman to sign the Notice of
Completion. Direct the Clerk of the
Board to have the Notice of Completion recorded with the County Recorder.
39.
Authorize
the County Administrative Officer to forward a request, on behalf of the Board
of Supervisors, that the Tulare County Association of Governments assume the
responsibility to prepare the Tulare County Regional Traffic Impact Fee
Program, establish a Traffic Development Impact Fee, and cause collection of
said fees.
40.
Accept
the work as complete for construction of the asphalt concrete overlay on Road
152 and three (3) overpasses over State Route 99 as complete by Teichert
Construction of Fresno, California.
Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the
Notice of Completion recorded with the County Recorder.
41.
Approve
the Notice of Restrictive Covenant to Prospective Purchasers for the Earlimart
Landfill. Authorize the Chairman to sign
the Notice of Restrictive Covenant to Prospective Purchasers. Direct the Clerk to the Board to record the
Notice of Restrictive Covenant to Prospective Purchasers in the office of the
Tulare County Recorder.
42.
Approve
the 2011/2012 Transit Agreement with the City of Visalia, for the City to
provide transit service to County of Tulare residents living adjacent to the
City of Visalia, 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. Authorize the Chairman to sign the Agreement.
43.
Approve
the Plans, Special Provisions, Proposal and Contract for construction of the
Avenue 416 at Road 80 Intersection Improvements, subject to review and approval
as to form by County Counsel. Authorize
the Chairman to sign the Plans. Approve the
advertisement of the Avenue 416 at Road 80 Intersection Improvements construction
project. Set the bid opening for
February 1, 2012 at 2:00 p.m.
44.
Approve
Program Supplement No. N059 to Administering Agency-State Agreement for
Federal-Aid Project No. 06-5946 for the Repowering of 3 Off-Road Construction
Engines.
45.
Approve
2011/2012 Transit Agreement with the City of Porterville, for the City to
provide transit service to County of Tulare residents living adjacent to the
City of Porterville, 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.
46.
Rescind
Tulare County Agreement No. 24817-B (Resolution No. 2011-0876) an amendment to
Agreement No. 24817. Approve an
amendment to Agreement No. 24817 with 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. The amendment is retroactive to January 1,
2012 and extends the life of the original agreement through May 31, 2012. The
amendment was originally approved by the Board of Supervisors on December 6,
2011, however, the Tulare County Association of Governments has requested a
language change relative to how the reimbursement to the County is
calculated. Find that the Board had the
authority to enter into the proposed amendment as of January 1, 2012, and that
it was in the County's best interest to enter into the amendment on that date.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
47.
Ratify
and approve the retroactive renewal of 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, and the Tulare Lake Basin Water Storage District. The term
of the agreement is indefinite until terminated by any party. Find that the Board has the authority to
enter into the Agreement renewal as of July 1, 2011, and that it was in the
County's best interest to enter into the Agreement renewal on that date.
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
Sheriff/Coroner
48.
Approve
the capital asset purchase of one replacement patrol vehicle for $38,407
purchased with funds from the Sheriff's Vehicle Replacement Trust Fund
510. Approve the necessary budget
adjustments. (4/5ths vote required)
49.
Approve
the capital asset purchase of a farm tractor for an amount not to exceed
$24,000. Approve the necessary budget adjustments. (4/5ths vote required)
50.
Approve
the capital asset purchase of a wood chipper for an amount not to exceed
$8,000. Authorize the necessary budget adjustments. (4/5ths vote required)
51.
Approve
the capital asset purchase of a livescan machine in the amount of $34,266.
Treasurer/Tax Collector
52.
Approve
an amendment to Agreement No. 25087 in the amount of $3,060 with System
Innovator's for additional service request for a custom web page to assist the
Treasury division with cash receipts.
Workforce Investment Board
53.
Approve
the budget adjustments resulting from the State of California's unilateral modification
of Employment Development Department Agreement No. K282513/Tulare County
Agreement No. 25077, adding $167,152.
This money will be used to provide dislocated workers temporary clean-up
jobs as a result of the December 2010 storms.
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
54.
Review
California High-Speed Rail project and take action on one of the following
options: Support the California
High-Speed Rail project as currently presented in the Draft 2012 Business Plan;
Oppose the California High-Speed Rail project as currently presented in the
Draft 2012 Business Plan; Support the California High Speed Rail project under
a modified scenario; Do not take a position on the California High-Speed Rail
Project.
(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: County of Tulare vs. State of
California, et al.
Fresno
County Superior Court No. 11 CE CG 04410
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Gilbert and Enedina Marroquin vs.
County of Tulare, Tulare Irrigation District, Evans Ditch Company
Tulare
County Superior Court Case No. 11-242155
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare vs. Gustavo
Martinez, et al.
Tulare
County Superior Court Case Number 11-242061
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare vs. Bruce Kenneth
Belknap
Tulare
County Superior Court Case Number 10-295868
Next Item(s)
Sitting as...
ITEM
E
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
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
Potential
Litigation Regarding Opposition to the Tulare County Traffic and Facilities
Development Impact Fee Program
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: 4
Threats of
litigation in the public record regarding the proposed Tulare County General
Plan 2030 Update and Draft Environmental Impact Report
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: 3
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...
Sitting as the In-Home Supportive Services Public Authority
ITEM
L
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...
