(Public Comment Period)
1.
State
of the County presented by the Chairman Allen Ishida.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from Probation Department for the establishment of
fees for processing jurisdictional transfer and requests for interstate compact
supervision by the Probation Department.
Approve the jurisdictional transfer and interstate compact fees and
authorize the Probation Department to adopt these fees upon approval by the
Board of Supervisors. Approve the
necessary budget adjustments. (4/5ths vote required)
5.
PUBLIC
HEARING: Request from Resource Management Agency to find there is no
substantial evidence that the proposed amendment to the Zoning Ordinance will
have a significant effect on the environment and that a Notice of Exemption for
said Zoning Ordinance Amendment reflects the independent judgment of the County
and has been completed in compliance with the California Environmental Quality
Act and the State Guidelines for the Implementation of the California
Environmental Quality Act of 1970, as amended.
Waive the second reading and adopt an Ordinance amending Section 2 and
Part II G of Section 16 of the Tulare County Zoning Ordinance pertaining to
reviewing public works staging areas for public projects through administrative
use permits. Direct the Clerk of the
Board of Supervisors to publish the adopted Ordinance and to post a certified
copy of the full Ordinance amending Tulare County Ordinance No. 352, with the
names of the Board of Supervisors voting for and against the amendment, within
fifteen (15) days as required by Government Code Section 25124 and to cause the
Notice of Exemption to be filed with the Tulare County Clerk-Recorder.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 27)
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
6.
Reappoint
Catherine Doe, Jeff Ritchie, and Mike Shannon to the St. Johns Water District
as Directors for terms ending January 4, 2016.
7.
Reappoint
Stanley Bennett as Public Member to the Treasury Oversight Committee for a term
ending December 17, 2014.
8.
Reappoint
John D. Lollis as Incorporated Cities Representative, Tim Spade as Hospitals
Representative and Stephen C. Harrell as Member - At Large Representative to
the Ambulance Independent Compliance Committee for terms ending December 31,
2013.
9.
Reappoint
Philip Larson and Joaquin Parsons to the Porterville Public Cemetery District
for terms ending January 4, 2016.
10.
Ratify
the following Proclamations: Honoring
Dylan Chun Wong and Brian Russo for Earning the Rank of Eagle Scout; and
Honoring Patricia Foster for 36 Years of Loyal and Dedicated Service to Tulare
County.
Cooperative Extension
11.
Approve
the submittal of an application for the Tulare County Weed Management Area
Noxious Weed and Invasive Plant Control within Mines project. Certify that the Applicant understands the
assurances and certification requirements in the application. Appoint Jim Sullins, Department Head, or
designee, as agent to submit application and conduct all contract negotiations.
Fire Department
12.
Approve
an agreement with the Orange Cove Fire Protection District for fire protection
service enhanced mutual aid, retroactive to November 1, 2011 through June 30,
2012 to be renewed annually unless terminated by either party upon 90 days
written notice. Find that the Board had
authority to enter into the proposed agreement as of November 1, 2011, and that
it was in the County's best interest to enter into the agreement on that date.
Health & Human Services Agency
13.
Approve
an amendment to Agreement No. 23165 with the State Department of Alcohol and
Drug Programs to decrease the agreement by $4,359,722 from $16,146,924 to
$11,787,202 for combined Drug/Medi-Cal and Net Negotiated Funds to provide
substance abuse treatment and prevention programs, retroactive to July 1, 2010
through June 30, 2013. 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.
14.
Approve
an agreement with Traditions Psychology Group d.b.a Traditions Behavioral
Health in an amount not to exceed $200,000 for the provision of acute
psychiatric inpatient professional services for Short-Doyle patients and
Medi-Cal beneficiaries, retroactive from July 1, 2011 through June 30,
2012. Find that the Board had 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.
15.
Approve
a Memorandum of Understanding with the California Department of Public Health
to delineate the conditions under which the California Department of Public
Health will transfer medical surge assets to the County of Tulare Health
Department effective January 24, 2012 through June 30, 2012.
16.
Approve
the annual Certification Statements for California Children's Services and
Child Health and Disability Prevention for Fiscal Year 2011/2012, retroactive
to July 1, 2011. Find that the Board had
authority to approve the annual Certification Statements as of July 1, 2011,
and that it was in the County's best interest to approve the statements on that
date.
17.
Adopt
the 2011 Tulare County Local Hazard Mitigation Plan.
18.
Approve
the Tulare County Child Care Planning and Development Council Certification
Statement.
19.
Approve
the acceptance of funds from the Health Resources and Services Administration
for the Federal Fiscal Year 2010/2011 Public Access Defibrillation
Demonstration Project in the amount of $225,890, retroactive to September 1,
2009 through August 31, 2012. Find that
the Board had authority to accept the grant funds as of September 1, 2009, and
that it was in the County's best interest to accept the funding on that
date. Find that the Tulare County Health
& Human Services Agency has the authority to spend these funds in the amounts
that are necessary to fulfill the terms of this grant. Approve the necessary budget adjustments.
(4/5th vote required)
20.
Authorize
Tulare County to participate as a member in the California Mental Health
Services Authority, a Joint Powers Authority, with other California counties in
order to jointly develop and implement mental health services and education
programs on a regional and state-wide basis.
Appoint the Tulare County Director of Mental Health as the
representative for Tulare County in the California Mental Health Services
Authority. Authorize the Chairman of the
Board to sign three (3) copies of the New Data Fee Form and the Joint Powers
Agreement.
Human Resources & Development
21.
Approve
an agreement with the Service Employees International Union for the provision
of a stipend for the Child Welfare Services classifications of Social Services
Worker III-CWS, Social Services Worker III-CWS-Lead, and Child Welfare Services
Supervisor that possess a Masters of Social Work degree.
Resource Management Agency
22.
FOR
INFORMATION ONLY: Bid Opening results
for the construction of Road 80 from South of St. John's River to Avenue 384
and Culvert on Avenue 360 (Phase 3).
Contractor
|
Amount
|
Menefee Construction
|
$
16,367,582.06
|
Papich Construction Inc
|
$
16,502,321.72
|
Teichert Construction
|
$
16,887,308.00
|
Granite Construction
Company
|
$
16,943,933.00
|
American Paving Company
|
$
17,226,065.00
|
Agee Construction Crop
|
$
17,660,014.00
|
RGW Construction Inc
|
$
17,772,476.00
|
Lees Paving Inc
|
$
17,981,866.05
|
Emmett's Excavation Inc
|
$ 18,175,399.00
|
DeSilva Gates
Construction
|
$
18,181,818.00
|
W.Jaxon Baker Inc
|
$
18,423,793.50
|
RJ Berry Jr Inc
|
$
18,750,431.00
|
Engineers Estimate
|
$
17,355,695.00
|
23.
Approve
the Federal Fiscal Year 2012 Certifications and Assurances for Federal Transit
Administration Assistance Programs.
Authorize the Chairman to execute the Affirmation of Applicant signature
page, subject to review and approval as to form by County Counsel. Authorize future Chairman to execute the
Affirmation of Applicant signature page for up to three (3) subsequent Federal
Fiscal Years.
24.
Approve
an amendment to Agreement No. 23914 with BRADCO Environmental for a one (1)
year extension to provide wood and green waste recycling services at the County
landfills, under the same terms and conditions, through January 31, 2013.
25.
Approve
the Measure R Program Supplement to Cooperative Agreement No. 23149 with the
Tulare County Association of Governments, acting as the Local Transportation
Authority, for right of way and construction of the Avenue 416 Kings River
Bridge Replacement Project in the amount of $1,714,077.
26.
Approve
the Pipeline Development Agreement with Alta Irrigation District for culvert
extensions for the Road 80 Phase 3 Widening Project from south of the St.
John's River to Avenue 384. Approve the
Joint Escrow Instructions with Alta Irrigation District and authorize the
Chairman to sign the letter to Fresno Escrow Corporation containing said
instructions. Approve the deposit of
$130,100 into an escrow account at Fresno Escrow Corporation under the terms of
the Pipeline Development Agreement and Joint Escrow Instructions.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
27.
Review
and accept the following documents as complete and adequate for each of the
Tulare County Redevelopment Agency's eight project areas, including
Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center, Richgrove
and Traver, for the Fiscal Year ending June 30, 2011: Annual Audit Report of
financial activities of the Tulare County Redevelopment Agency; Annual State
Controller's Report; Annual Housing Report to the California Department of
Housing and Community Development; Annual Blight Report; Annual Land Report;
and Annual Loan Report. Direct that
these reports be submitted by the Executive Director, as required by the
California Health and Safety Code, to the Office of the State Controller and
the California Department of Housing and Community Development.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
28.
Request
from the Probation Department to delete an existing Grants Specialist II
position. Add a new Staff Services
Analyst flexibly allocated to I/II/III and flexibly allocate existing Staff
Services Analyst II to I/II/III. Approve
the Personnel Resolution deleting one (1) Grants Specialist position, adding
one (1) Staff Services Analyst flexibly allocated to I/II/III and flexibly
allocating one (1) existing Staff Services Analyst II to I/II/III.
29.
Request
from Resource Management Agency to delete seven (7) allocated Community
Development Specialist positions (six (6) filled, one (1) vacant), effective
February 24, 2012. Direct the Resource
Management Agency and Human Resources and Development Department to initiate
the layoff process, including the issuance of layoff notices. Delegate and authorize the County
Administrative Officer and Human Resources Director to extend the layoff
notices if circumstances regarding Redevelopment funding and issues warrant the
extension past the original 30 day period.
Authorize Human Resources and Development to initiate meet and
confer. Approve the addition of one (1)
allocated Grants Specialist II position and three (3) allocated Grants
Specialist positions in a new budget unit RMA-Administration Branch-Grants
Division (001-230-4000). Allocate one
(1) new position of Grants and Development Manager and adopt the new job
specification and salary grade of Salary Band 6. Delete the position of Community Development
Manager (#9072). Reclassify the
incumbent in position #9072 to the new position of Grants and Development
Manager (At-Will) and appoint incumbent to current annual salary level, $78,854,
within the band. Transfer one (1) Accountant
III position (#8932) from the RMA-Community Development Division to the
RMA-Fiscal Division, effective January 29, 2012. Authorize the County Administrative Officer
and Auditor-Controller to make the necessary adjustments to the budget as
needed (4/5ths vote required).
30.
Presentation
from the Resource Management Agency regarding an update of the Economic
Development Web Site.
31.
Presentation
from the Resource Management Agency by the Tulare County Tourism Manager
regarding an overview of Sequoia Tourism Council's marketing activities.
(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 - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Linda Marquez vs. County of Tulare
Workers'
Compensation Appeals Board Number ADJ953136
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: County of Tulare vs. Bank of
America et. al.
Case No.
1:09-cv-02155-OWW-DLB (Eastern District of CA) and No. 1:10-cv-628 (Southern
District of NY)
Next Item(s)
Sitting as...
ITEM
C
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
D
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
E
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Interim
Health and Human Services Agency Director
(Government
Code Section 54957.6)
Next Item(s)
Sitting as...
ITEM
F
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Board
Representative
(Government
Code Section 54957.6)
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
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...