(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
CONSENT CALENDAR (Number 3 through 16)
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
3.
Approve
an amendment to Agreement No. 25369 with the United States Department of
Agriculture to extend the term of the agreement to January 13, 2013 for
providing funding for an area-wide Glassy-winged Sharpshooter Management
Program.
Board of Supervisors
4.
Ratify
the following Proclamations: Honoring
Janet M. Honadle for ten years of loyal and dedicated service to Tulare County;
and Honoring Armida Valero Martinez for her dedication and service to the City
of Woodlake.
County Administrative Office/General Services
5.
Approve
an amendment to Lease Agreement No. 18414 with Olivewood Properties, LLC to
extend the term of the lease agreement for five years, to commence upon
approval by the Board of Supervisors, for use of office space located at 248
Highway 65, Suite 248 and Suite 250, Lindsay, CA.
6.
Waive
the formal bidding process and purchase the replacement Micropress System
copiers from Stanton Office Machines.
Approve Micropress System Maintenance Agreement with Stanton Office
Machines for a term of 60 months for the period of September 25, 2012 to
September 25, 2017 to provide maintenance services. Approve a Lease Purchase Agreement with US
Bank effective September 25, 2012 for a term of 60 months for the period of September
25, 2012 to September 25, 2017 to provide a Micropress System.
District Attorney
7.
Approve
an agreement with the United States Department of Justice to participate in the
Federal Equitable Sharing Program, 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.
Health & Human Services Agency
8.
Approve
an amendment to Agreement No. 19959 with Kaweah Delta Health Care District for
the provision of mental health services from Kaweah Delta Mental Health's Acute
Psychiatric Hospital, to update the Rate Structure listed in paragraph 4.1 for
the Psychiatric Acute Hospitalization Rate, 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.
9.
Approve
an amendment to Agreement No. 23923 with Proteus, Inc. in an amount not to
exceed $2,198,296 to provide comprehensive job services to clients of
TulareWORKs from October 1, 2012 through September 30, 2014.
10.
Approve
an amendment to Agreement No. 23924 with SEE and Company in an amount not to
exceed $950,000 to provide comprehensive job services to clients of TulareWORKs
from October 1, 2012 through September 30, 2014.
11.
Approve
an amendment to Agreement No. 23972 with Community Services and Employment
Training, Inc., in an amount not to exceed $2,702,548, to provide comprehensive
job services to clients of TulareWORKs from October 1, 2012 through September
30, 2014.
12.
Approve
an amendment to Agreement No. 24419 with Porterville Unified School District to
receive immunizations or Public Health Services from Tulare County Health &
Human Services Agency, retroactive to July 1, 2012 through June 30, 2015. 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.
13.
Approve
an agreement with the California Department of Public Health for California's
Personal Responsibility and Education Program in an amount not to exceed
$1,160,336, 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. Authorize the Tulare
County Health & Human Services Director of Administration to sign the
Attestation of Compliance with the Sexual Health Education Accountability Act of
2007 (Exhibit K).
Human Resources & Development
14.
Approve
the Side Letter Agreement between the County of Tulare and the Tulare County
Professional Law Enforcement Manager's Association (PLEMA) amending the current
MOU to eliminate the furlough, restore the vacation accrual rate, restore the
Uniform Allowance, and extend the term of the agreement to June 30, 2014.
Probation
15.
Approve
an amendment to Agreement No. 21657 with the City of Lindsay to extend the term
of the agreement for the services of one Probation Officer for Non-Custody
Intake Program, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to enter
into the proposed amendment to agreement as of July 1, 2012, and that it was in
the County's best interest to enter into the agreement as of that date.
16.
Approve
an amendment to Agreement No. 23448 with the City of Visalia to extend the term
of the agreement for the services of Juvenile Probationers for the Juvenile
Probation Work Program, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to enter
into the proposed amendment to agreement as of July 1, 2012, and that it was in
the County's best interest to enter into the agreement as of that date.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
17.
Request
from Health and Human Services Agency to approve an agreement with the
California Department of Public Health (State Agreement No. 12-10187) and
accept the award for funding from the California Department of Public Health in
the amount of $3,595,155 for the Network for a Healthy California Program
beginning October 1, 2012 through September 30, 2016.
18.
Request
from Resource Management to 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.
19.
Request
from Resource Management Agency to approve and award the contract for
construction of Well No. 8 in the community of Ivanhoe, CA to the lowest
responsive and responsible bidder. 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 ten percent (10%) of the contract amount to cover unexpected construction
conditions. Approve Amendment No. 1 to Agreement No. 25022 with the Ivanhoe
Public Utility District (IPUD) to clarify the parties’ financial
responsibilities. Authorize the Chairman
to execute the Amendment to Agreement No. 25022.
20.
Request
from Resource Management Agency to receive a recommendation by the Agricultural
Policy Advisory Committee to require a Rural Valley Lands Plan evaluation for
every Special Use Permit on agriculturally zoned parcels. Presentation by the Resource Management
Agency analyzing the effects of implementing the recommendation of the
Agricultural Policy Advisory Committee.
Approve Resource Management Agency's recommendation to refer the matter
back to the Agricultural Policy Advisory Committee in light of the recently
adopted General Plan policies regarding the use of the RVLP and for further
study of Special Use Permits on agriculturally zone parcels.
21.
Presentation
given by Resource Management Agency regarding an overview of Criteria for
Public and Private Utility Structures located on Agricultural Zoned Lands and
lands under Williamson Act Contracts (Solar Policy). Provide input and direction to staff
regarding the Solar Policy.
22.
Presentation
given by Resource Management Agency regarding regional efforts to promote
increased public access to broadband and high speed internet in the Central
Valley, and progress on the Central Valley Next Generation Broadband
Infrastructure Project.
(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: 3
Award of
Construction Contract Well No. 8 in the community of Ivanhoe California.
Please see
Board of Supervisors Agenda September 25, 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: 3
Bid
Protest and Award of the Construction Contract for the Mountain Road 319 Bridge
Replacement Project over the South Fork of Kaweah River.
Please see
Board of Supervisors agenda September 25, 2012
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL- EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: County of Tulare vs. Bruce Kenneth
Belknap
Tulare
County Superior Court Case Number 10-295868
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: 4
Threats of
litigation in the public record regarding Certification of the Final
Environmental Impact Report and Adoption of Tulare County General Plan 2030
Update and Draft Environmental Impact Report
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: 3
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: 1
Potential
Litigation regarding opposition to the Tulare County Traffic and Facilities
Development Impact Fee Program
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: 9
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: 1
Next Item(s) Sitting
as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL- EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: D.L., a minor, by and through his
Guardian Ad Litem, Kariann Junio vs. County of Tulare, et. al.
Tulare
County Superior Court Case Number 246425
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: 25
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...