(Public Comment Period)
1.
Present
a Proclamation honoring Pena's Disposal Service as the 2012 recipient of the
California Resource Recovery Association "Outstanding Construction &
Demolition Debris Diversion" Award.
2.
Presentation
given by Kent Duysen of Sierra Forrest Products in regards to the Timber
Harvest Plan Reform Package described in Governor Brown's May Revise. Approve sending a letter of support of the
Timber Harvest Plan Reform Package.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request form the
Auditor-Controller to approve the rate of taxation of the State and County for
Fiscal Year 2012/2013 to be collected upon the taxable property of the County
of Tulare, State of California, at the rate of $1 per $100 of assessed
valuation, Article XIII California.
Approve the tax rates be levied and direct they be collected upon each
$100 valuation of the taxable property of the Unitary and operating Non-Unitary
property of the County of Tulare, State of California, as computed pursuant to
the provision of law, Revenue and Taxation Code Section 100. Approve the tax rates be levied and direct
they be collected upon each $100 valuation of the taxable property of the
several school districts of said County, for raising the necessary amount to
pay the principle and interest on the bonds and for special purpose of said
school districts, Revenue and Taxation Code Section 93. Approve the Special District Tax Rates be
levied and direct they be collected upon each $100 valuation of taxable property
of the various districts included on the schedule of Special Districts, Revenue
and Taxation Code Section 93. Approve
and accept the Statement of the Valuation of the Property in Tulare County as
compiled by the County Auditor-Controller/Treasurer-Tax Collector, Government
Code 25254(a).
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 30)
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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
6.
Introduce
and waive the first reading of an Ordinance amending Sections 8000, 8010, 8020,
8030 and 8090 of Article 8 of Chapter 5, Part 6 of the Tulare County Ordinance
Code pertaining to the theft of nuts.
Direct the Clerk to publish and post a summary of the Ordinance before
the second reading as required by law.
Board of Supervisors
7.
Ratify
the following Proclamations: Honoring
Jorge Castillo, Gilbert Hogan, Victor Vasquez, Jr., Victor Vasquez, Sr., and
Robert Vasquez for their heroic efforts in saving the life of Alice Falk; and
Designating the 4th Saturday of every July as the National Day of the Cowboy
and Cowgirl in Tulare County.
8.
Approve
sending a letter of support to the Consolidated Irrigation District for its
efforts to request State and Federal funding to increase water supplies in
Fresno County, Kings County and throughout the Central Valley by increasing the
District's ability to store and manage flood and other water. Authorize Chairman Allen Ishida to sign on
behalf of the Board of Supervisors.
County Administrative Office/Capital Projects
9.
Ratify
actions taken by the County Administrative Officer during the month of July
2012 regarding Good Works Funding Agreements.
10.
Approve
an Indemnification Agreement with Local Agency Formation Commission for the
application to form the Alpaugh Community Services District.
11.
Find
all seven bids non-responsive for the Youth Facility Roofing Project at 11150
Avenue 368. Reject all bids and rebid at a date undetermined.
Health & Human Services Agency
12.
Approve
an agreement with Terra Bella 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.
13.
Approve
an agreement with Alta Vista Elementary School District for Tulare 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.
14.
Approve
an agreement with Earlimart 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.
15.
Approve
an agreement with Valley Life Charter School 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 October 1, 2011 through June 30,
2015. Find that the Board had authority
to enter into the proposed agreement as of October 1, 2011, and that it was in
the County's best interest to enter into the agreement on that date.
16.
Adopt
the Subvention Certificate of Compliance and the Medi-Cal Certificate of
Compliance for the California Department of Veterans Affairs County Subvention
Program for Fiscal Year 2012/2013.
17.
Approve
an agreement with Ralph Agnello, Attorney at Law, to provide hearing officer
services for Certification and Riese Hearings 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.
18.
Approve
an agreement with David E. Kilgore, M.D. for the provisions of psychiatric
services in an amount not to exceed $216,000, 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.
19.
Approve
an amendment to Agreement No. 25103 with Turning Point of Central California,
Inc. for the provision of children's mental health 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.
20.
Approve
an agreement with Kirby Lester LLC for the purchase of two Kirby Lester KL20n
Automated Tablet/Capsule Counting Machines in an amount not to exceed $18,650.
21.
Approve
the spending plan recommendations from the Children's Services Network for the
Promoting Safe and Stable Families Program funding for Fiscal Year 2012/2013.
The total amount of funding is $550,000.
22.
Approve
an agreement with Cutler-Orosi Joint Unified School District for the delivery
of Time-Limited Family Reunification Services to at-risk families in an amount
not to exceed $110,000, retroactive to August 1, 2012 through June 30, 2013.
Find that the Board had authority to enter into the proposed agreement as of
August 1, 2012 and that it was in the County's best interest to enter into the
agreement on that date.
23.
Approve
an amendment to Agreement No. 17621 to upgrade the current Mental Health
software system, Netsmart Technologies CMHC/MIS software product, to Netsmart
Technologies Avatar software product, not to exceed $665,000, from September 1,
2012 through December 31, 2017. Approve
an addendum to Agreement No. 17621 with the Netsmart Technologies, Inc. Plexus
SSAE16-certified hosting environment, not to exceed $485,000, from September 1,
2012 through December 31, 2017. Approve the agreement of the Netsmart
Technologies, Inc., InfoScriber software, not to exceed $50,000, from September
1, 2012 through December 31, 2017.
Information & Communications Technology
24.
Approve
the Capital Asset purchase of two 30W UHF P25 Repeaters and Ancillary Equipment
for Emergency Medical Services communications on Case Mountain in the amount of
$21,912. Approve the necessary budget
adjustments. (4/5ths vote required).
Probation
25.
Ratify
and approve an agreement with the California Department of Corrections and
Rehabilitation to establish an information sharing agreement, retroactive to
August 1, 2012 through the duration of Post Release Community Supervision
releases from State institutions. Ratify
the Chief Probation Officer's signature on the agreement on behalf of the
County of Tulare. Find that the Board
had authority to enter into the proposed agreement as of August 1, 2012, and
that it was in the County's best interest to enter into the agreement as of
that date.
26.
Approve
the Capital Asset purchase of a van for Probation Department's Juvenile Work
Program in the amount of $27,261.
Resource Management Agency
27.
Rescind
Resolution No.2012-0565. Find that the
bid submitted by Emmett's Excavation, Inc. of Clovis, California to be
non-responsive. Approve and award the
contract to the lowest responsive and responsible bidder, Viking Construction
Company, Inc. of Rancho Cordova, California, in the amount of $15,147,207 for
construction of the Avenue 416 Replacement Bridge over the Kings River
Project. 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 Contractors License. Allow funds for contingencies in
the amount of $1,514,721(10%) to cover unexpected construction conditions.
28.
Approve
the revised Plans, Special Provisions, Proposal, and Contract for construction
of Ivanhoe Public Utility District Domestic Water Well No. 8 and
Appurtenances. Authorize the Chairman of
the Board of Supervisors to sign the revised Plans. Approve the
Re-Advertisement for Bids for construction of Ivanhoe Public Utility District
Domestic Water Well No. 8 and Appurtenances. Set the new Bid Opening date and
time for September 5, 2012 at 2:00 p.m. in Conference Room A/B of the County
Administration Building, 2800 West Burrel Avenue, Visalia, California, 93291.
29.
Accept
the work for construction of Road 80 Widening Project Phase 1A from Avenue 328
to the St. Johns River Bridge as complete by A. Teichert & Son, Inc., dba
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.
30.
Waive
the second reading and adopt the 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.
Determine that the Ordinance is exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Class 8 Section 15308,
pertaining to actions by regulatory agencies for protection of the environment,
and if the Ordinance is adopted, direct the Environmental Assessment Officer to
sign and file a Notice of Exemption with the Tulare County Clerk. Direct the
Clerk of the Board to publish a summary of the Ordinance and post a full copy
of the Ordinance after adoption as required by law.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
31.
Request
from the County Administrative Office to approve compensation changes for the
Local Agency Formation Commission Executive Officer to $88,000 annually. Approve the Personnel Resolution to change
one Part-Time Regional Planner to Full Time.
32.
Request
from the Resource Management Agency to receive an updated and amended 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. Rescind Resolution No. 2012-0603 adopted on July 24, 2012.
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, 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 12, 2011 as Resolution No. 2011-0490 for Tooleville
Sewer, Wells Tract Sewer and Wells Tract Water zones of benefit effective
August 1, 2012. Approve the user fees identified in Exhibit A with no change in
the user fee that was adopted on July 26, 2011 as Resolution No. 2011-0570 for
the Tonyville Sewer zone of benefit effective August 1, 2012. Ratify the user
fee identified in Exhibit A with no change in the user fee that was adopted on
July 12, 2011 as Resolution No. 2011-0490 for the El Rancho Sewer zone of
benefit effective August 1, 2012.
(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: 8
Board of
Supervisors August 14, 2012 Agenda Item pertaining to the Rate Adjustment of
County Service Area Zones of Benefit
Next Item(s)
Sitting as...
ITEM
B
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 of the State of California, Case Number 234899
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISITNG LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Hernandez, Jesse vs. County of
Tulare
Tulare
County Superior Case No. 11-244089
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
Application
to file claim. Applicant: Chad Staley
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
CONFERNCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
County of
Tulare vs. Floyd D. Kampen, et. al.
Tulare
County Superior Court Case No. 11-244707
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: 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
H
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
I
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
J
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
K
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 1
Wrongful
Termination Action; DFEH/EEOC Complaint; Government Tort Claim by an employee
against the County of Tulare
Next Item(s)
Sitting as...
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...
