MEMBERS OF THE BOARD

ALLEN ISHIDA - Chairman

District One

PETE VANDER POEL

District Two

PHILLIP A. COX

District Three

J. STEVEN WORTHLEY

District Four

MIKE ENNIS

District Five

Board of Supervisors

Agenda

JEAN M. ROUSSEAU

County Administrator

KATHLEEN BALES-LANGE

County Counsel

MICHELLE BALDWIN

Chief Clerk

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 636-5000

FAX (559) 733-6898

October 9, 2012

9:00 A.M. Board Convenes

PLEDGE OF ALLEGIANCE

Moment of Silence

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda. Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time. For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration. Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak with a total of fifteen (15) minutes allotted for the Public Comment Period. At all times, please use the microphone and state your name and address for the record.

(Public Comment Period)

1. Present Proclamation recognizing Physician Assistant Week.

2. Public Comments.

3. Board of Supervisors matters.

CONSENT CALENDAR (Number 4 through 17)

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.

Board of Supervisors

4. Appoint Betty Morehead, Public Member to the Tulare County Redevelopment Successor Agency Oversight Board to serve at the pleasure of the Board.

Child Support Services

5. Approve the Plan of Cooperation between California Department of Child Support Services and Tulare County Department of Child Support Services. Authorize the Director of the Tulare County Department of Child Support Services to sign the Plan of Cooperation between California Department of Child Support Services and Tulare County Department of Child Support Services.

County Administrative Office

6. Ratify actions taken by the County Administrative Officer during the month of September 2012 regarding Good Works Funding Agreements.

7. Approve sending a letter requesting the repeal of the recently enacted Food and Agriculture Code Section 33253 which mandates the remittance of 15% of dairy farm inspection fees to the Secretary of Food and Agriculture. Approve sending a letter to the Secretary of Food and Agriculture requesting a modification to the Dairy Class 4b pricing formula to a formula more closely reflecting the prices paid through the Federal Milk Marketing Orders Class III pricing.

Health & Human Services Agency

8. Approve an amendment to Agreement No. 23832 with Wrime, Inc. to develop a Groundwater Quality Monitoring Plan, retroactive to May 16, 2012 through September 30, 2012. Find that the Board had authority to enter into the proposed amendment as of May 16, 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. 24871 with the California Department of Public Health Office of AIDS, for the HIV/AIDS Surveillance and HIV Care Programs to increase the agreement amount by $12,847 to a total amount of $563,322, retroactive to July 1, 2010 through June 30, 2013. Find that the Board had authority to enter into the proposed amendment as of July 1, 2010, and that it was in the County's best interest to enter into the amendment on that date.

10. Approve an amendment to Agreement No. 25043 with Medical Hill Rehabilitation Center, LLC in an amount not to exceed $175,200 for the provision of a Mental Health Rehabilitation 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 agreement on that date.

11. Approve an agreement with the California Department of Public Health for the California HIV/AIDS Case Reporting System Data Use and Disclosure Agreement, retroactive to March 1, 2012 through March 2, 2013. Find that the Board had authority to enter into the proposed agreement as of March 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

12. Approve a Memorandum of Understanding (MOU) between Tulare County Health & Human Services Agency and the University of California, Berkeley Optometric Eye Center in the amount of $15,000 for the provision of Diabetic Retinopathy Screening, equipment, and software, retroactive to July 1, 2012 through June 30, 2014. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2012, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

Human Resources & Development

13. Approve the Side Letter Agreement between the County and the Tulare County Deputy Sheriff's Association (TCDSA) amending the current Memorandum of Understanding to eliminate the reduction in the vacation accrual rate, restore the Uniform Allowance, and extend the term of the agreement to June 30, 2014.

Resource Management Agency

14. Ratify and approve the release of monies and securities for retention on deposit to Teichert Construction, Inc. held in Bank of the West Escrow Account No. 014-728642 for the completed Road 80 Phase 1A Project. Find that the Board had the authority to approve the release of funds held in Bank of the West Escrow No. 014-728642 as of September 21, 2012 and that it was in the County's best interest to do so on that date. Authorize the Chairman to sign the letter requesting the release of funds.

Sheriff/Coroner

15. Approve the Capital Asset purchase of a satellite communications antenna in an amount not to exceed $6,000. Authorize the necessary budget adjustments. (4/5ths vote required).

16. Approve the Capital Asset purchase of expanded computer storage and a tape back-up system in an amount not to exceed $32,000. Authorize the necessary budget adjustments. (4/5ths vote required).

Workforce Investment Board

17. Approve the budget adjustments adding $375,000 to provide 105 eligible dislocated workers with on-the-job training in Tulare County resulting from the State of California's unilateral modification of Tulare County's Agreement No. 24096. (4/5ths vote required).

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

18. Presentation given by the Resource Management Agency regarding the Tulare County Area Transit Services, with emphasis on key indicators since the introduction of Measure "R" Transit funding from Fiscal Year 2007/2008 to present.

(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: Tharp Family Limited Partnership vs. County of Tulare, et. al.

Tulare County Superior Court Case No. 12-247734

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

Wrongful Termination Action; DFEH/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 C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Sierra Club vs. County of Tulare, et. al.

Tulare County Superior Court Case No. 249061

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]