(Public Comment Period)
1.
Present
Proclamation declaring the week of September 17-23, 2012 as Constitution Week
in Tulare County.
2.
Present
Proclamation honoring Taylor Brown for winning the World Championship Title in
Trail at the 2012 Built Ford Tough American Quarter Horse Youth Association World
Championships.
3.
Present
Proclamation honoring Makayla Reed for winning the World Championship Title in
Boxing at the 2012 Built Ford Tough American Quarter Horse Youth Association
World Championships.
4.
Public
Comments.
5.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from Health and Human Services Agency to adopt the
fee recommended for Tulare County Health & Human Services Agency,
Environmental Health approved Milk Inspection Services, effective October 1,
2012.
10:30 A.M. – TIMED ITEMS
7.
BUDGET
HEARINGS:
Introduction and Overview
PUBLIC HEARING: Citizens’ Option for Public Safety (COPS) (Budget
Book Page 266)
Review proposed expenditure of funds allocated from
the California State Legislature for the Citizens’ Option for Public Safety
Program – Supplemental Law Enforcement Funding. Authorize the
Auditor-Controller to distribute the monies, when received, per the spending
plan as modified by public input and Board of Supervisors direction.
ADJOURN AS
THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS
THE TERRA BELLA SEWER MAINTENANCE DISTRICT
Enterprise
Fund (Budget
Book Page 435)
Terra Bella Sewer Maintenance
District
1. Approve the Resolution to adopt the Final Budget for
the Terra Bella Sewer Maintenance District as modified during the hearings; and
2. Authorize the Auditor-Controller to make necessary
minor adjustments in order to bring the Fiscal Year 2012/2013 Budget into final
balance.
ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND
CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT
Special District (Budget Book Page 487)
Tulare
County Flood Control District
1. Approve the Resolution to adopt the Final Budget for
the Tulare County Flood Control District as modified during the hearings; and
2. Authorize the Auditor-Controller to make necessary
minor adjustments in order to bring the Fiscal Year 2012/2013 Budget into final
balance.
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT
AND
CONVENE AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC
AUTHORITY
Public Authority (Budget Book Page 483)
In-Home
Supportive Services Public Authority
1. Approve the Resolution to adopt the Final Budget for
the In-Home Supportive Services Public Authority as modified during the
hearings; and
2. Authorize the Auditor-Controller to make necessary
minor adjustments in order to bring the Fiscal Year 2012/2013 Budget into final
balance.
ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC
AUTHORITY AND
RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS
Enterprise and Assessment Districts Funds - Consent
Budgets (Budget Book Page 425-463)
Solid Waste
Transit
L & M Funds—Assessment Districts
L01
Orosi Lighting/Landscape L85 Orosi Storm Drain
L05
Orosi Storm Drain L86
Visalia
(Cottontail) Storm Drain
L07
Poplar Storm Drain L87
Visalia (Kapsu)
Storm Drain
L10
Orosi Storm Drain M02
Visalia (El Rio) Road
L16 Earlimart Lighting/Landscape M03
Strathmore Road
L60
Tipton Storm Drain M04
Porterville Road
L65
Earlimart Storm Drain M06
Visalia (Acacia) Road
L70
Cutler Storm Drain M07 Poplar Road
L75
Teviston Storm Drain M86
Visalia
(Cottontail) Road
L80
Earlimart Storm Drain M87
Visalia (Kapsu) Road
County Service Areas #1 and #2 Zones of Benefit -
Consent Budgets (Budget Book Page 465-481)
El
Rancho Sewer Delft Colony Sewer Delft Colony Water
Lemon
Cove Water Seville Sewer Tonyville Sewer
Tooleville
Sewer Traver Sewer Yettem Sewer
Yettem
Water Wells Tract Water Wells Tract Sewer
Internal Services Funds — Consent
Budgets (Budget Book Page 365-424)
County Administrative Office
Copier Services
Custodial Services
Facilities
Fleet Services
Grounds Services
Mail Services
Print Services
Utilities
County Counsel – Insurance
Workers’ Compensation
General Liability
Property
Medical Malpractice
Information
& Communication Technology
Communications
Information & Communication Technology
Human
Resources and Development – Insurance
Dental Insurance
Operating
Funds — Consent Budgets (Budget Book Page 286-363)
Aviation Building
Debt Service
Capital Projects Child
Support Services
Fire Fish
and Game
Health Realignment Indigent
Health Care
Library Mental
Health Realignment
Pension Obligation Bond Roads
Social Services Realignment Tobacco Settlement Proceeds
Workforce Investment Board Home Program Fund
Community Development Block Grant
General
Fund — Consent Budgets (Budget Book Page 123-285)
Agricultural Commissioner/Sealer of Weights and
Measures
Assessor/Clerk—Recorder
Auditor-Controller/Treasurer-Tax Collector/Registrar
of Voters
Board of Supervisors
Capital Acquisitions
Central Telephone Services
Citizens’ Option for Public Safety (COPS)
Cooperative Extension
County Administration
County Counsel
District Attorney
Gang Task Force — Multi-Agency
General Services
Health and Human Services Agency
Human Resources and Development
Juvenile Justice Crime Prevention Act
Miscellaneous Administration
Miscellaneous Criminal Justice
Probation
Public Defender
Purchasing
Resource Management Agency
Rural Crime Prevention
Sheriff-Coroner
General Fund-
Auditor-Controller Certifies
General
Revenues
Final
Actions to Balance — General Fund
Contingency (Page 168)
Others as
Needed
Personnel
Changes
Approve changes to the class
specifications, class designations, compensation changes, position allocations
list reflecting adds, deletes, and re-classifications, and the elimination of
the hiring freeze.
Direction
and Authorizations
1. Authorize Auditor-Controller to make necessary minor adjustments
in order to bring the Fiscal Year 2012/2013 Budget into final balance.
2. Other direction as needed.
Budget Adoption
Upon conclusion of
Final Budget Hearings, adopt consent budgets for all funds and activities as modified during the Final
Budget Hearings, amend the class specification, class designations,
compensation changes, position allocation list reflecting adds, deletes, and
reclassifications, and approve the elimination of the hiring freeze, and
authorize the Auditor-Controller to make necessary minor adjustments in order
to bring the Fiscal Year 2012/2013 Budget into final balance budgets.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 22)
|
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.
|
County Administrative Office/General Services-Property
Management
8.
Approve
an agreement and Exhibits A, B, C, D and E with the Joe and Cora Gong Family
Limited Partnership, a California Limited Partnership, and the Tom and Sarah
Gong Family Limited Partnership, a California Limited Partnership, for design,
alteration, and lease of premises at 520 E. Tulare Avenue and 822 S. Santa Fe
Street in Visalia for a seven year term.
Approve Exhibit F - Memorandum of Lease for property at 520 E. Tulare
Avenue and 822 S. Santa Fe Street in Visalia.
Authorize the Chairman to sign Exhibit F - Memorandum of Lease, subject
to County Counsel approval as to form.
Authorize the County Administrative Officer, or designee, to record
Exhibit F - Memorandum of Lease, upon
execution by the Chairman.
9.
Amend
the Job Specifications for Deputy Clerk - Board of Supervisors and Deputy Clerk
II - Board of Supervisors to clarify these positions will be flexibly
allocated; and re-title Deputy Clerk - Board of Supervisors to Deputy Clerk I -
Board of Supervisors. Amend the
Department Allocation to change the two Deputy Clerk - Board of Supervisors
(Position #0413 and #0412) position allocations to Deputy Clerk II - Board of
Supervisors. Approve the
re-classification of one Deputy Clerk II - Board of Supervisors (Position
#9309) position allocation to one Account Clerk - Principal position
allocation.
Human Resources & Development
10.
Approve
revisions to the Tulare County Personnel Rules and Administrative Regulation
No. 26.
11.
Approve
a new Administrative Regulation on Travel and Training Time effective September
18, 2012 for represented and unrepresented employees.
12.
Approve
the Administrative Services Agreement with Chimienti & Associates Insurance
Services to perform administrative services related to the Tulare County
Flexible Benefit Plan for the period of January 1, 2013 through December 31,
2014.
13.
Renew
the Blue Cross PPO plan offerings provided by the San Joaquin Valley Insurance
Authority with a 4.9% rate increase.
Approve the addition of an HMO plan offering provided by the San Joaquin
Valley Insurance Authority. Renew the
Kaiser Permanent plans with an increase of 4.8% for the $1,000 deductible plan
and an increase of 4.6% for the $0 deductible plan. Approve participation in the Delta Dental PPO
and DHMO plans through the San Joaquin Valley Insurance Authority without a
rate increase in the dental plan rates.
Approve participation in the Vision Service Plan through the San Joaquin
Valley Insurance Authority. Approve a
change in providers for the Employee Assistance Program from Avante to Anthem.
Resource Management Agency
14.
Declare
their intent to vacate excess right of way on Ben Maddox Way northeast of
Visalia. Set a public hearing for
October 23, 2012 at 9:30 A.M. or thereafter, in the Board of Supervisors Chambers,
2800 W. Burrell Avenue, Visalia to consider the vacation of the aforementioned
portion of right of way. Direct the
Resource Management Agency to publish and post the notice of public hearing in
accordance with the Streets and Highways Code.
15.
Approve
the Final Map for Unit 2 of Subdivision Tract No. 804, located at the northeast
corner of Road 72 and Avenue 310, in the community of Goshen. Approve the agreement to complete all
required public improvements for Unit 2 of Subdivision Tract No. 804. Approve the agreement for the installation of
streetlights for Unit 2 of Subdivision Tract No. 804 and authorize the Chairman
to sign the agreement. Accept the road
right-of-way dedications for Unit 2 of Subdivision Tract No. 804 as shown on
the Final Map, subject to completion of road construction and acceptance of
public improvements.
16.
Rescind
Measure R Program Supplement Agreement No. 25624 (Resolution No. 2012-0592)
dated July 24, 2012, with the Tulare County Transportation Authority in the
amount of $320,000 for funding of the construction of the Mountain Road 319
Bridge Replacement. Approve a Measure R
Program Supplement Agreement with the Tulare County Transportation Authority in
the amount of $700,000 for funding of the construction of the Mountain Road 319
Bridge Replacement.
17.
Approve
and award the contract to the lowest responsive and responsible bidder Emmett's
Excavation, Inc of Clovis, California, in the amount of $1,188,697.60, for
construction of Mountain Road 319 Bridge Replacement over the South Fork of the
Kaweah River. 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 for contingencies in the amount
of $118,870 (10%) of the contract amount to cover unexpected construction
conditions.
18.
Approve
an agreement with Kleinfelder West, Inc. in the amount of $26,673 to provide
material testing services during construction of the Mountain Road 319 Bridge
Replacement Project from September 2012 to December 2013. Authorize the Chairman to sign the agreement,
subject to review and approval as to form by County Counsel.
19.
Approve
an Agreement with Kleinfelder West, Inc. in the amount of $293,915 to provide
material testing services during construction of the Avenue 416 Kings River
Bridge Replacement Project from September 2012 to December 2014. Authorize the
Chairman to sign the agreement, subject to review and approval as to form by
County Counsel.
20.
Approve
an agreement with Quad Knopf in the amount of $43,000 to provide environmental
services during construction of the Mountain Road 319 Bridge Replacement
Project from September 2012 to December 2013.
Authorize the Chairman to sign the agreement, subject to review and
approval as to form by County Counsel.
21.
Approve
proceedings to form Assessment District No. 12-804R-GOSHEN to pay for the
continuing cost of maintenance of the public streets within Subdivision Tract
No. 804, located at the northeast corner of Road 72 and Avenue 310, in the
community of Goshen. Approve the Engineer's
Report. Approve the Proposed Boundaries
Map and direct the Clerk of the Board to file certified copies with the
County-Recorder. Declare the Board's
intention to levy and collect assessments.
Accept the ballot and waiver of public meetings and hearings, including
notice thereof, provided by the property owner.
Approve the formation of the Assessment District and imposition of
assessments. Approve the agreement
authorizing Self Help Enterprises to collect the assessments for Fiscal Year
2012/2013 upon first conveyance of each lot.
22.
FOR
INFORMATION ONLY: Bid Opening results
for the Ivanhoe Public Utility District Well No. 8 Domestic Water Well and
Appurtenances.
|
Contractor
|
Amount
|
|
Steve Dovali
Construction, Inc.
|
$709,332.00
|
|
Travioli
Construction, Inc.
|
$732,345.84
|
|
HPS Mechanical, Inc.
|
$891,630.00
|
|
Engineer's Estimate
|
$750,000.00
|
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
23.
Request
from the County Administrative Office to consider, modify as needed, and
approve the response to the Tulare County Grand Jury 2011/12 Final Report
regarding the report entitled, "Lack of Oversight of Tulare County Special
Districts." Authorize the Chairman
to sign the response letter.
(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
|
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: Kristina Brooks vs. County of
Tulare
Workers’
Compensation Appeals Board Number ADJ8109410 and ADJ8214344
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: DL, a minor, by and through his
Guardian Ad Litem, Kariann Junio vs. Rodolfo Vicente, MD; Mark Wiseman, MD; and
Pavel Mundl, MD
Tulare
County Superior Court Case Number 246425
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Kerry Kelly vs. County of Tulare
Workers’
Compensation Appeals Board Number ADJ 7320539
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: (1) In re: Municipal Derivatives
Antitrust Litigation; and
(2) County
of Tulare vs. Bank of America et al.
County of
Tulare vs. Bank of America et al. Case Number 1:09-cv-02155-OWW-DLB (Eastern
District of California), and Number 1:10-CV-628 (Southern District of New York)
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: 1
Wrongful
Termination Action; DEFH/EEOC Complaint against County of Tulare and individual
employees: Government Tort Claim by an employee against the County of Tulare
Next Item(s)
Sitting as...
ITEM
F
CONSIDER THE
DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:
Details
Public
Employee Discipline/Dismissal/Release pursuant to Government Code Section
54957, et seq.
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 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 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...
