(Public Comment Period)
1.
Present
Proclamation to Major David and Ruth Scott upon their retirement for their
years of service to the Salvation Army Tulare Corps.
2.
Presentation
given by the Agricultural Commissioner/Sealer regarding the 2011 Tulare County
Annual Crop and Livestock Report.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
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 2012/2013
tax rolls.
6.
PUBLIC
HEARING: Request from the Resource Management
Agency to approve placement of County Service Area No. 1 and County Service
Area No. 2 delinquent sewer and water service fees, delinquent penalties and
Auditor's collection charges on the 2012/2013 tax rolls.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TERRA BELLA SEWER
MAINTENANCE DISTRICT
7.
PUBLIC
HEARING: Request from the Resource Management
Agency to approve placement of Terra Bella Sewer Maintenance District
delinquent sewer service charges, delinquent penalties and Auditor's collection
charges on the 2012/2013 tax roll.
ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 34)
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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County Administrative Office/Capital Projects
8.
Ratify
actions taken by the County Administrative Officer during the month of June
2012.
9.
Approve
and adopt the AB 900 Phase II Jail Construction Funding Grant Site Assurance
Resolution.
District Attorney
10.
Authorize
the submission of a Community Awareness Program grant application for $4,989
from the National Association of VOCA Assistance Administrators to promote
National Crime Victims' Rights Week in Tulare County during the week of April
21-27, 2013.
Health & Human Services Agency
11.
Approve
the Tulare County Child Abuse Prevention Council's request for their annual
funding in the amount of $40,000 from the County Children's Trust Fund for Fiscal
Year 2012/2013.
12.
Approve
an amendment to Agreement No. 24080 with the Department of Health Care Services
for the Medi-Cal Administrative Activities Program, retroactive to July 1, 2009
through June 30, 2014. Find that the
Board had authority to enter into the proposed amendment as of July 1, 2009,
and that it was in the County's best interest to enter into the amendment on
that date.
13.
Approve
an amendment to Agreement No. 24233-B with the City of Porterville for the
Recycle-Only Household Hazardous Waste Program, retroactive to July 1, 2012
through June 30, 2013. Find that the
Board had authority to enter into the proposed amendment as of July 1, 2012,
and that it was in the County's best interest to enter into the proposed
amendment on that date.
14.
Approve
an amendment to Agreement No. 25067 with Family Builders Care, Inc. in an amount
not to exceed $300,000 to provide Therapeutic Behavioral Services, retroactive
to July 1, 2012 through June 30, 2013.
Find that the Board had authority to enter into the proposed amendment
as of July 1, 2012, and that it was in the County's best interest to enter into
the amendment on that date.
15.
Approve
an agreement with Porterville Unified School District 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, 2012 through June 30,
2015. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2012, and that it was in the
County's best interest to enter into the agreement on that date.
16.
Approve
an agreement with Star View Adolescent Center to provide Community Treatment
Facility and Psychiatric Health Facility beds and related mental health
treatment for the benefit of Tulare County patients in an amount not to exceed
$120,000, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2012, and that it was in the County's
best interest to enter into the agreement on that date.
Human Resources & Development
17.
Approve
a Memorandum of Understanding between the County of Tulare and the Service
Employees International Union (SEIU).
18.
Approve
a Memorandum of Understanding between the County of Tulare and the Tulare
County District Attorney Investigators Association (TCDAIA).
19.
Approve
a Memorandum of Understanding between the County of Tulare and the United
Automobile, Aerospace, and Agricultural Implements Workers of America (UAW).
Information & Communications Technology
20.
Approve
the renewal with NetApp in an amount not exceed $259,918 to provide use
licenses and maintenance support for NetApp SupportEdge for the period of
August 1, 2012 to July 31, 2013.
Resource Management Agency
21.
Introduce
and waive the first reading of an Ordinance adding Chapter 27 to Part IV;
adding Subsection (m) to Section 1-21-1000 (Issuance of Citations: Resource
Management Agency) of Chapter 21 of Part I; and amending Section
1-23-1020(c)(1) (Administrative Enforcement Authority) of Part I, Chapter 23 of
the Ordinance Code of Tulare County pertaining to Storm Water Quality and
Regulation. Set the second reading for
August 14, 2012. Direct the Clerk of the
Board to publish a summary of the Ordinance before the second reading as
required by law.
22.
Declare
the intent to vacate Avenue 247 west of Road 212 north of Lindsay. Set a Public
Hearing for August 28, 2012 at 9:30 a.m., or thereafter, in the Board of
Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation
of the aforementioned road. Direct the
Resource Management Agency to publish and post the notice of public hearing in
accordance with the Streets and Highways Code.
23.
Declare
the intent to vacate Lincoln Avenue north of Avenue 416 in Orosi. Set a public hearing for August 28, 2012 at
9:30 a.m., or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel
Avenue, Visalia to consider the vacation of the aforementioned road. Direct the
Resource Management Agency to publish and post the notice of public hearing in
accordance with the Streets and Highways Code.
24.
Approve
the Plans, Special Provisions, Proposal and Contract for the Construction of
the Mountain Road 319 Bridge Replacement over the South Fork of the Kaweah
River Project. Authorize the Chairman of
the Board to sign the Plans. Approve the
advertisement for bids for the Construction of the Mountain Road 319 Bridge
Replacement over the South Fork of the Kaweah River Project. Set the bid opening date for 2:00 p.m. on
August 15, 2012.
25.
Approve
the designation and installation of a two-way YIELD sign on Snowflake Drive
legs of the Ponderosa Drive and Snowflake Drive intersection in accordance with
Section 21356 of the California Vehicle Code.
26.
Approve
an Operation and Maintenance Agreement with the City of Porterville for
portions of Yates Avenue from 2nd Street to Roche Street, Roche Street from
Yates Avenue to Worth Avenue, Worth Avenue from Roche Street to 425 feet east
of the west quarter corner of Section 6, Township 22 South, Range 28 East,
M.D.B.&M, and Plano Street from Worth Avenue to 900 feet north. Authorize the Chairman to execute the
Operation and Maintenance Agreement with the City of Porterville on behalf of
the County of Tulare, subject to review and approval as to form by County
Counsel.
27.
Approve
a Measure R Program Supplement Agreement with the Tulare County Transportation
Authority in the amount of $320,000 for funding of the construction of the
Mountain Road 319 Bridge Replacement.
28.
Approve
Program Supplement Agreement No. N063 in the amount of $209,000 with the
California Department of Transportation for the period of August 1, 2012 to
August 1, 2017 for the Avenue 392 Sand Creek Bridge project.
29.
Approve
a letter agreement with the Arvin-Edison Water Storage District effective from
July 24, 2012 to February 28, 2013 for the exchange of Cross Valley Canal Water
for the 2012 water year. Authorize the
Chairman to sign the letter agreement subject to review and approval as to form
by County Counsel. Authorize the
Resource Management Agency and Dennis R. Keller to take necessary actions to
comply with the provisions of the letter agreement.
Sheriff/Coroner
30.
Approve
an agreement with First 5 Tulare County for the Gang Awareness Parenting
Project in the amount of $489,917, retroactive to July 1, 2012 through June 30,
2015. Accept grant funding in the amount
of $489,917 from First 5 Tulare County for the three year period of July 1, 2012
through June 30, 2015. Find that the
Board had authority to enter into the proposed agreement as of July 1, 2012,
and that it was in the County's best interest to enter into the agreement on
that date.
31.
Approve
an agreement with Family Services of Tulare County in the amount of $329,197 to
provide two parenting educators, retroactive to July 1, 2012 through June 30,
2015. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2012, and that it was in the
County's best interest to enter into the agreement on that date.
32.
Approve
additional income in the amount of $2,208 for the Region V Anti-Gang
Intelligence-led Policing Program grant for the period of July 1, 2012 through
June 30, 2013.
33.
Approve
an agreement with United States Department of Justice, Drug Enforcement
Administration for participation in the Drug Enforcement Administration Group 2
Task Force, for the period of October 1, 2012 through September 30, 2013.
34.
Approve
an agreement with the United States Army Corps of Engineers for law enforcement
services at Success Lake Recreation Area, retroactive to April 1, 2012, through
no later than September 30, 2012. Find
that the Board had authority to enter into the proposed agreement as of April
1, 2012, and that it was in the County's best interest to enter into the
agreement on that date.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
35.
Request
from County Administrative Office to approve a Memorandum of Understanding with
Alta Irrigation District, Cutler Public Utility District, Orosi Public Utility
District, East Orosi Community Services District, and Sultana Community
Services District for Water Supply Safe Drinking Water Program Feasibility
Study.
36.
Request
from County Administrative Office to approve the Pilot Projects proposed by the
Stakeholder Oversight Advisory Committee for the Tulare Lake Basin Hydrologic
Region Disadvantaged Community Water Study.
Approve additional Stakeholder Oversight Advisory Committee meetings.
37.
Request
from Resource Management Agency to approve Program Supplement Agreement No.
N064 in the amount of $500,000 with the California Department of Transportation
for the period of August 1, 2012 to August 1, 2017 for the Road 224 Deer Creek
Bridge Project. Approve the
de-obligation of the Federal Emergency Management Agency project PW Ref No.
TCCLC04 to replace the Road 224 Deer Creek low water crossing. Authorize the County Administrative Officer
to sign the letter to the Federal Emergency Management Agency requesting the
de-obligation of the federal funding for the replacement of the Road 224 Deer Creek
low water crossing.
38.
Request
from Resource Management Agency to receive a report regarding the protest
letters received protesting the user fee increase proposed for the El Rancho
Sewer, Tonyville Sewer, Tooleville Sewer, Yettem Sewer, Wells Tract Sewer and
Wells Tract Water zones of benefit in County Service Areas 1 and 2. Acknowledge that a written protest against
the proposed user fee increase was received from a majority of the
owners/tenants of the properties affected by the proposed user fee increase in
the El Rancho Sewer, Tonyville Sewer, Tooleville Sewer, Yettem Sewer, Wells
Tract Sewer and Wells Tract Water zones of benefit. Approve the user fees identified in Exhibit A
with no change in the user fees that were adopted on July 20, 2010 as
Resolution No. 2010-0594 for El Rancho Sewer, Tonyville Sewer, Tooleville
Sewer, Yettem Sewer, Wells Tract Sewer and Wells Tract Water zones of benefit.
39.
Request
from Resource Management Agency to direct staff to work with the Consolidated
Waste Management Authority to develop a model sharps waste ordinance. Consider additional options available to
manage sharps waste as follows: Option 1
- Develop an ordinance that deals with sharps waste in a different manner; or
Option 2 - Do not develop a sharps waste ordinance.
40.
Presentation
given by Resource Management Agency regarding an overview of the Sequoia Field
Capital Improvement Program.
(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 - 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 2012/2013 Tax Rolls. Board of Supervisors Public
Hearing July 24, 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: 1
Place
County Service Area No. 1 and County Service Area No. 2 water and sewer service
fees, delinquent penalties and Auditor collection charges on the 2012/2013 Tax
Rolls. Board of Supervisors Public Hearing July 24, 2012
Next Item(s)
Sitting as...
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Place Terra
Bella Sewer Maintenance District sewer service fees, delinquent penalties and
Auditor collection charges on the 2012/2013 Tax Rolls. Public Hearing July 24,
2012
Next Item(s)
Sitting as...
ADJOURN AS THE TERRA BELLA SEWER
MAINTENANCE DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 8
Board of
Supervisors July 24, 2012 Agenda Item pertaining to the Rate Adjustment of
County Service Area Zones of Benefit
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: 2
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: 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
G
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
H
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
I
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 9
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: 3
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Larry Micari vs. County of Tulare
Workers’ Compensation Appeals Board Number: Unassigned (Claim Number
CT-11-0510309)
Next Item(s)
Sitting as...
ITEM
L
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Application
for Leave to Present Late Claim filed by Victor Valadez regarding a traffic
collision with San Joaquin Valley Railroad Engine
Next Item(s)
Sitting as...
ITEM
M
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Edgar Saucedo vs. County of
Tulare, et al. Tulare County Superior Court Case No. 12-246701
Next Item(s)
Sitting as...
ITEM
N
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Tharp Family Limited Partnership
vs. County of Tulare, et al., Tulare County Superior Court Case No. 247734
Next Item(s)
Sitting as...
ITEM
O
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 25
Next Item(s)
Sitting as...
ITEM
P
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...