(Public Comment Period)
1.
Proclamation
presented to Monty Dill, owner of Water Dynamics, for his contribution to the
Community of Seville in Tulare County.
Acknowledge and accept the donation of a water pressure tank, valued at
$6,905.95, from Water Dynamics Inc., designated for use by the Seville Water
Company for the benefit of the community of Seville. Approve the necessary budget adjustments.
(4/5ths vote required)
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
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 Parts II B and II G of Section 16 of Uncodified
Tulare County Ordinance No. 352 as amended (Commonly known as the Zoning
Ordinance of Tulare County) pertaining to reviewing non-commercial kennels
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 the
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 5 through 57)
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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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Agricultural Commissioner/Sealer
5.
Approve
an agreement with the United States Department of Agriculture in the amount of
$570,000 for providing funding for an Area Wide Glassy-winged Sharpshooter
Management Program, retroactive to December 1, 2011 through November 30,
2012. Find that the Board had 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. Approve and authorize the Chairman to sign an
Application for Federal Assistance (Standard Form 424) retroactive to December
1, 2011 through November 30, 2012.
Authorize and empower the Chairman of the Board, pursuant to resolution,
to execute and sign all grant related documents necessary to secure grant funds
and implement the approved grant project.
6.
Approve
an amendment to Agreement No. 24717 with the California Department of Food and
Agriculture reducing the two year agreement from $1,456,000 to $1,064,000 for
providing funding for the detection/suppression of the Glassy-winged
Sharpshooter, retroactive to July 1, 2010 through June 30, 2012. 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. (4/5ths vote required)
Auditor/Controller/Registrar of Voters
7.
Add
one exempt Accountant I/II/III flexibly allocated position to the
Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters Department. Approve the Personnel Resolution adding one
exempt Accountant I/II/III flexibly allocated.
Approve the necessary budget adjustments. (4/5ths vote required)
8.
Approve
the candidate statement regulations and printing fees for the June 5, 2012
Primary Election, and the November 6, 2012 General Election. Require each candidate filing a statement to
pay the estimated cost in advance.
Candidates will be refunded or billed for the difference. Limit each candidate's statement to no more
than 200 words for County offices and 250 words for State offices.
Board of Supervisors
9.
Ratify
a Proclamation Honoring Ron Davis for 50 years of Woodlake Rotary Club
Membership.
10.
Reappoint
Bill Place and Larry Jordan to the Eshom Valley Cemetery District for terms
ending January 4, 2016.
11.
Reappoint
Jack McPhetridge and Jerry Stover to the Tipton-Pixley Public Cemetery District
for terms ending January 4, 2016.
12.
Reappoint
Mike Rising to the Woodville Public Cemetery District for a term ending January
4, 2016.
13.
Reappoint
Dennis Medders and Rachel Hill to the Lindsay-Strathmore Public Cemetery
District for terms ending January 4, 2016.
14.
Appoint
Peg L. Yeates, District 3 Representative to the Defined Contribution Committee
for a term ending January 2, 2013.
15.
Appoint
Supervisor Phillip Cox and John Hess, Public Member to the County of Tulare
Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the
Board.
16.
Appoint
Supervior Phillip Cox and John Hess, Public Member to the City of Visalia
Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the
Board.
17.
Appoint
Supervisor Allen Ishida and Laurie Mercer, Public Member to the City of
Farmersville Redevelopment Successor Agency Oversight Board to serve at the
Pleasure of the Board.
18.
Appoint
Supervisor Allen Ishida and Laurie Mercer, Public Member to the City of Exeter
Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the
Board.
19.
Appoint
Supervisor Allen Ishida and Laurie Mercer, Public Member to the City of Lindsay
Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the
Board.
20.
Appoint
Supervisor Pete Vander Poel and Betty Morehead, Public Member to the City of
Tulare Redevelopment Successor Agency Oversight Board to serve at the Pleasure
of the Board.
21.
Appoint
Supervisor Steven Worthley and John Hess, Public Member to the City of Woodlake
Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the
Board.
22.
Appoint
Supervisor Mike Ennis and John Hess, Public Member to the City of Porterville
Redevelopment Successor Agency Oversight Board to serve at the Pleasure of the
Board.
County Administrative Office
23.
Ratify
actions taken by the County Administrative Officer during the months of
December 2011 and January 2012.
24.
Approve
an agreement with Jay W. Powell in the amount of $177,890.17 per month plus
ancillary services to provide conflict public defender services, retroactive to
February 1, 2012 through December 31, 2014.
Authorize the Chairman to sign the Conflict Public Defender contract,
subject to review and approval as to form by County Counsel. Find that the Board had authority to enter
into the proposed agreement as of February 1, 2012, and that it was in the
County's best interest to enter into the agreement on that date.
District Attorney
25.
Approve
a Personnel Resolution amending the Fiscal Year 2011/2012 position allocations
of the District Attorney's office to add a Prosecution Assistant and a Legal
Office Assistant I. Approve the
necessary budget adjustments. (4/5ths
vote required)
26.
Approve
an amendment to Agreement No. 24021 with the California Emergency Management
Agency to accept grant funding in the amount of $6,775 for the Central Valley
Rural Crime Prevention Program, retroactive to July 1, 2010 through December
31, 2012. 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. (4/5ths vote required)
General Services
27.
Allow
the Civil War Reenactment at Mooney Grove Park, including the discharge of
firearms (limited to blank ammunition), on March 1-4, 2012. Allow overnight camping during the event by
participants. Allow the use of fire
pits.
28.
Limit
the number of vehicles to a maximum of 1,000 on both Easter Saturday, April 7,
2012 and on Easter Sunday, April 8, 2012 at Mooney Grove Park. Prohibit drinking alcohol on both, Easter
Saturday, April 7, 2012 and Easter Sunday, April 8, 2012 at Mooney Grove
Park. Close the parking lot at
Government Plaza on Easter Saturday, April 7, 2012 and Easter Sunday, April 8, 2012. Authorization to post signs at Mooney Grove
Park on Easter Saturday, April 7, 2012 and Easter Sunday, April 8, 2012 with
the following language, "Anyone exhibiting inappropriate behavior will be
removed from the park".
29.
Approve
a Lease Agreement with the Boys and Girls Club of Tulare County, d.b.a. Boys
and Girls Club of the Sequoias for space located at 15892 Azalea in the
community of Ivanhoe. Authorize the
Chairman to execute the Lease Agreement upon submission, subject to County
Counsel approval as to form. Approve the
necessary budget adjustments. (4/5ths vote required)
Health & Human Services Agency
30.
Approve
an amendment to Agreement No. 25028 with Aspiranet, to increase the maximum
amount of the agreement from $120,000 to $130,352 for Fiscal Year July 1, 2011
through June 30, 2012. Approve the
necessary budget adjustments. (4/5ths vote required)
31.
Approve
an agreement with Eleanor Roosevelt Community Learning Center for Tulare County
Health & Human Services Agency, as the Local Government Agency, to act as
the claims processing agent of Medi-Cal Administrative Activities claims on
behalf of their school district, retroactive to July 1, 2011 through June 30,
2015. 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.
32.
Approve
an agreement with the California Department of Public Health, Office of AIDS
for the AIDS Drug Assistance Program in the amount of $2,624, 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.
33.
Approve
the adjustment in the Capital Asset line and Fiscal Year 2011/2012 budget in
the amount of $5,280 for the purchase of a network switch for the County's
Emergency Operations Center. Approve the
necessary budget adjustments. (4/5ths vote required)
34.
Allow
Tulare County Health & Human Services Agency (HHSA) to receive the contract
for the Summer Food Program with the California Department of Education,
Nutrition Services Division.
35.
Designate
the Tulare County Health & Human Services Agency as the public agency
responsible for administration of the Child Abuse Prevention, Intervention and
Treatment; Community Based Child Abuse Prevention; and Promoting Safe and
Stable Families Plan Contracts. Designate the Children's Services Network as
the community group to make funding recommendations to the Board for Promoting
Safe and Stable Families Funds.
Designate the Child Abuse Prevention Council community group to make
funding recommendations for Child Abuse Prevention, Intervention, and
Treatment; Community Based Child Abuse Prevention; and Child Trust Funds.
36.
Approve
the adjustment in the Capital Asset line and Fiscal Year 2011/2012 budget in
the amount of $35,000 for the purchase of one full-size pick-up truck to
replace the current high mileage vehicle for the Dairy and Milk Inspection
Program. Approve the necessary budget
adjustments. (4/5ths vote required)
Probation
37.
Approve
the Capital Asset purchase of a Surveillance System for the AB109 Program in
the total amount of $10,500. Approve the
necessary budget adjustments. (4/5ths vote required)
Public Defender
38.
Approve
the new classification and compensation of Public Defender Investigative
Assistant. Approve allocation of three
Public Defender Investigative Assistant positions. Approve the reclassification of one Investigator
Aide (Position 7574) to the new classification of Public Defender Investigative
Assistant. Approve the deletion of three
Investigator Aide Position (Position 7574, 9352, 9383) (two vacant, one
filled).
Resource Management Agency
39.
Approve
the necessary budget adjustments for Resource Management Agency Grants Division
and Program Income. (4/5ths vote
required)
40.
Waive
the second reading and adopt the Ordinance amending Sections 7-27-1010,
7-27-1100 and 7-27-1180 of Chapter 27 of Part VII of the Tulare County
Ordinance Code pertaining to flood damage prevention. Direct the Clerk to the Board to publish a
summary of the Ordinance and post a full copy of the ordinance within 15 days
adoption as required by law.
41.
Approve
and accept the Earlimart Safety & Community Study Final Report.
42.
Approve
the Measure R Program Supplement to Cooperative Agreement with the Tulare
County Transportation Authority for the construction of the Avenue 416 at Road
80 Intersection Improvements project in the amount of $1,252,574.
43.
Approve
the Notice of Restrictive Covenant to Prospective Purchasers for the Orosi
Landfill. Authorize the Chairman to sign
the Notice of Restrictive Covenant to Prospective Purchasers. Direct the Clerk of the Board to record the
Notice of Restrictive Covenant to Prospective Purchasers in the office of the
Tulare County Recorder.
44.
Approve
participation and support of the San Joaquin Valley as a Designation of an
Economic Development District.
45.
Approve
and award the contract for construction of Avenue 416 at Road 80 Intersection
Improvements to the lowest responsive and responsible bidder, Dawson-Mauldin
Construction, Inc. of Huntington Beach, California, in the amount of
$1,943,711.50. Authorize the Chairman to
sign the contract after review and approval as to form by County Counsel and
upon receipt of certificates of insurance, bonds and evidence that the Contractor
possesses a valid State contractor's license.
Allow funds in the amount of $194,371 (10%) to cover unexpected
construction conditions. Approve the
necessary budget adjustments. (4/5ths vote required).
46.
Approve
an agreement with Delta Habitat LLC in the amount of $60,000 for the purchase
of fifteen Valley Elderberry Longhorn Beetle conservation credits as part of
the environmental mitigations required for the Avenue 416 Kings River Bridge
Replacement Project.
47.
Approve
"No Parking Zone" (painted red curb) for 15 feet on each side of the
proposed mid-block school crossing.
Approve the Measure R Program Supplement to the Cooperative Agreement with
the Tulare County Transportation Authority, in the amount of $35,000, for the
Hope Elementary School Zone Driver Speed Feedback Signs and LED Rectangular
Rapid Flashing Beacon School Crossing Signs.
48.
Approve
the Measure R Program Supplement to the Cooperative Agreement with the Tulare
County Transportation Authority, in the amount of $25,600, for the Palo Verde
Elementary School Zone Driver Speed Feedback Signs.
49.
Approve
a request to adopt revisions to the Indemnification and Cost Recovery Agreement
with New Cingular Wireless (Special Use Permit No. PSP 11-032).
Sheriff/Coroner
50.
Ratify
and approve an amendment to Agreement No. 24491 with the California Emergency
Management Agency to extend the term to September 30, 2012 for the Tulare
County Clandestine Laboratory Unit Program, retroactive to March 1, 2010. Find that the Board had authority to enter
into the agreement as of March 1, 2010, and that it was in the County's best
interest to enter into the agreement as of that date.
51.
Approve
the Capital Asset purchase of a Mugshot and Digital Crime Scene Backup Server
not to exceed $7,000. Approve the
necessary budget adjustments. (4/5ths vote required)
52.
Ratify
and approve an amendment to Agreement No. 23774 with the California Emergency
Management Agency to increase funding by $22,610 for the Tulare County Sexual
Assault Felony Enforcement Program, retroactive to July 1, 2010, through March
31, 2012. Find that the Board had
authority to enter into the 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. (4/5ths vote required)
53.
Ratify
and approve an amendment to Agreement No. 24752 with the California Emergency
Management Agency to extend the term of the agreement to June 30, 2013 for the
South Valley Marijuana Suppression Program, retroactive to July 1, 2011, Find that the Board had authority to enter
into the amendment as of July 1, 2011, and that it was in the County's best
interest to enter into the agreement on that date.
54.
Ratify
and approve an amendment to Agreement No. 24488 with the California Emergency Management
Agency to extend the term to September 30, 2012 for the Tulare County
Inter-Agency Narcotics Enforcement Team Program, retroactive to March 1,
2010. Find that the Board had authority
to enter into the agreement as of March 1, 2010, and that it was in the
County's best interest to enter into the agreement as of that date.
55.
Approve
a Memorandum of Understanding with Superior Court of California, County of
Tulare to provide the Courts with essential security services, retroactive to
July 1, 2011 and extending through June 30, 2013. Find that the Board had the 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. Approve and
authorize a Personnel Resolution increasing the Sheriff's position allocation
by one Sheriff's Security Officer due to the Tulare County Superior Court's
request to increase staffing at the west entrance of the Courthouse. Approve the necessary budget
adjustments. (4/5ths votes required)
56.
Approve
the Capital Asset purchase of a handheld radar system in an amount not to
exceed $6,000.
57.
Authorize
the Purchasing Agent to approve Tulare County Agreement 6311 with Community
Services & Employment Training; Tulare County Agreement 6312 with United
Way of Tulare County; Tulare County Agreement 6313 with Cutler-Orosi Joint
Unified School District; Tulare County Agreement 6314 with Allison Writing
Services; and Tulare County Agreement 6315 with Turning Point of Central
California for providing services for the Cutler-Orosi Weed & Seed Program,
retroactive to October 1, 2010 through January 31, 2012. Find that the Purchasing Agent had authority
to enter into the proposed agreements as of October 1, 2010, and that it was in
the County's best interest to enter into the agreements on that date.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
58.
Presentation
to provide an overview of Tulare County's Child Protection Plan (2012-2017) and
Tulare County's 2012-2016 Integrated System Improvement Plan. Adopt the Tulare County's Child Protection
Plan (2012-2017) as the overarching, county-wide plan for protecting Tulare
County Children from abuse and neglect. Approve Tulare County's 2012-2016
Integrated System Improvement Plan in compliance with the California Outcomes
and Accountability System to improve outcomes for children. Authorize the Director of the Health &
Human Services Agency and the Chief of Probation to sign and submit Tulare
County's 2012-2016 Integrated System Improvement Plan to California Department
of Social Services.
59.
Request
from Resource Management Agency to direct the Agency to capture sales tax as
part of project approval, environmental clearance, or other discretionary
action for solar facility projects, public projects, road projects, and other
similar large-scale projects approved by Tulare County.
60.
Request
from Resource Management Agency to consider the following options and direct
staff accordingly regarding properties subject to code enforcement liens.
Option 1: Property abated but no payment of fees, penalties and interest has
been received: a) Direct staff to release the liens and close the
enforcement cases; or b) Direct staff to
reissue the liens and take action to collect the fees, penalties and
interest. Option 2: Property not abated and no payment of fees,
penalties and interest has been received: a)
Direct staff to reissue the liens and begin a new enforcement case if
the violation remains; or b) Direct
staff to release the liens and close the enforcement cases.
(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
AT&T
Mobility Indemnification and Cost Recovery Agreement Revisions.
Board of
Supervisors Agenda Item February 28, 2012
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: Estimate 10 or more
Requests
from RMA for the Board of Supervisors to consider options regarding properties
subject to the County's code enforcement liens.
See Board
of Supervisors Agenda March 28, 2012
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: Estimate 10 or more
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
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
F
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
G
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
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Arthur Garcia vs. County of Tulare
Workers'
Compensation Appeals Board Number: ADJ2513993
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Mario Lopez, Jr., deceased vs.
County of Tulare, et al.
USDC
1:11-CV-01547-LJO-BAM
Next Item(s)
Sitting as...
ITEM
J
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
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
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Board
Representative
(Government
Code Section 54957.6)
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...
