(Public Comment Period)
1.
12:00
p.m. - 1:30 p.m. County Center Rotary meeting for a Veterans Day Program, Lamp
Liter Inn, 3300 W. Mineral King, Visalia.
2.
Presentation
given by Health & Human Services acknowledging those Tulare County Restaurants
and Retail Food Establishments who have attained the Certificate of Excellence
in Food Safety Award during the past year.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request from Resource Management Agency to accept a
Categorical Exemption consistent with the California Environmental Quality Act
(CEQA) and the State CEQA Guidelines, pursuant to Section 15303, Class 3
pertaining to new construction of limited small new facilities. Approve Tentative Tract Map No. TM 807, filed
by Lane Engineers, Inc., 979 N. Blackstone, Tulare, CA 93275 on behalf of Keith and Lisa Wilson,
4731 Avenue 400, Dinuba, CA 93618 for the division of a 2.59-acre parcel into
two residential lots and a Remainder (Lot 1 = 19,150 sq. ft.; Lot 2 = 19,150
sq. ft.; Remainder = 87,120 sq. ft.) in the R-A-12.5 (Rural Residential -
12,500 sq. ft. minimum) Zone, located on the north side of Avenue 393,
approximately 1,000 feet west of Road 34, adjacent to the south boundary of the
Kings River Golf and Country Club, approximately two miles southeast of the
City of Kingsburg. Adopt the Findings of
Approval for Tentative Tract Map No. TM 807 as set forth in the
Resolution. Adopt the Conditions of
Approval for Tentative Tract Map No. TM 807 as set forth in the Resolution.
Direct the Resource Management Agency to file the Notice of Exemption with the
Tulare County Clerk-Recorder.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 31)
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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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Board of Supervisors
6.
Ratify
the following Proclamations: Declaring
the month of November 2012 as Court Adoption and Permanency Month; and
Recognizing the efforts of outgoing Porterville Chamber Board Chair Dr. Amber
Bush Wiloth.
7.
Appoint
John Crivello, County Representative-Alternate to the Indian Gaming Local
Community Benefit Committee for a term ending June 30, 2015.
8.
Appoint
the following individuals In Lieu of Election for Short-Terms ending December
5, 2014:
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Springville Memorial District
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Pixley Public Utility
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David W. Eshelman, Director
5-Veteran
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Ronald G. Prine, Director-Seat 2
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9.
Appoint
the following individuals In Lieu of Election for Full-Terms ending December 2,
2016:
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Goshen Community Service District
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Alta Health Care District
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Katheryn Garza, Director
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Irene Atilano, Zone No. 5
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Helen Gonzalez, Director
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Lindsay Hospital District
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Kaweah Delta Health Care District
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Greag McQueen, Director
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Jonathan "Jody" Graves,
Director Zone No. 1
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Rachel L. Hill, Director
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John E. Hipskind, Director Zone
No. 3
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Roberta "Bobbie"
Valasquez, Director
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Maria Teresa Ramos, Director Zone
5
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Exteter Ambulance District
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North Kern-South Tulare Hospital
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Daymon Qualls, Director
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Lorene Hill, Director Seat 4
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Richard V. Downs, Director
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Jaime Mendoza, Director Seat 5
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Wes Grim, Director
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Dinuba Memorial District
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Tulare Local Health District
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Robert O. Olivas, Director
3-Veteran
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Sherrie Bell, Director Area 4
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Joe Trinidad Rivera, Director
4-Veteran
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Jerry L. Whitaker, Director
5-Non-Veteran
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Orosi Memorial District
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Springville Memorial District
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Roger Norton, Director 4-Veteran
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John T. Millwee, Director
1-Veteran
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Joe Quevedo, Director
5-Non-Veteran
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Jason I. Otter, Director 2-Veteran
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Larry L. Marcotte, Director
3-Veteran
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Tulare Memorial District
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Pixley Public Utiliey
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James Pidgeon, Director 1-Veteran
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Robert Chandler, Director
- Seat 4
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Philip E. Vandergrift, Director 2,
Veteran
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Roger Ward, Director -
Seat 5
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Manual J. Toledo, Director 3,
Veteran
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County Administrative Office
10.
Ratify
actions taken by the County Administrative Officer during the month of October
2012 regarding Good Works Funding Agreements.
11.
Rescind
Tulare County Agreement No. 24583-B.
Approve Amendment Two to Agreement No. 24583 with the Tulare County
Association of Governments (TCAG) Joint Powers Agreement among the cities and
the County to give TCAG the authority to implement and manage a Regional
Transportation Impact Fee Program and to join the Central California Railroad
Authority.
12.
Approve
a Memorandum of Understanding with the Superior Court of Tulare County for the
provision of internal services for County managed court facilities and for the
cost of a Legal Processing Clerk, II for the Pre-Trial facility, retroactive to
July 1, 2012 through June 30, 2013. 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.
13.
Approve
a Resolution constituting the Order to Reorganize School Districts for the new
Unified School District in the Exeter area.
Direct the Clerk to file certified copies of the Resolution and required
attachments with the State Board of Equalization, Assessor,
Auditor-Controller/Treasurer-Tax Collector, State Superintendent of Public
Instruction, and County Superintendent of Schools.
14.
Approve
a Resolution requesting a modification to the AB 109 (2011 Realignment)
allocation formula to provide funding more closely tied to offender populations. Approve sending copies of the Resolution to
Governor Brown, Members of Legislature representing Tulare County, the
California State Association of Counties, and the County Administrative
Officers Association of California.
District Attorney
15.
Authorize
the submission of a National Women's Health Week 2013 grant application for
$1,305 from the U.S. Department of Health and Human Services, Office on Women's
Health, to promote healthy behaviors in Tulare County.
16.
Ratify
and approve the Grant Award Agreement from the State of California, Department
of Justice, Attorney General's Privacy and Piracy Fund in the amount of $31,475
for Fiscal Year 2012/2013, retroactive to July 1, 2012. Ratify the District Attorney's, or his
designee's, signature on the Recipient Award and Disbursement Approval on
behalf of the Chairman, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had the 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. Approve the necessary budget adjustments
(4/5ths vote required).
17.
Ratify
and approve the Grant Award Agreement for acceptance of grant funding from the
Insurance Commissioner of the State of California for the Workers' Compensation
Insurance Fraud Prosecution Program in the amount of $504,393, retroactive to
July 1, 2012 through June 30, 2013, and recognize an additional $5,019 in carry
over funds from Fiscal Year 2011/2012, for a total of $509,412. Ratify and approve the District Attorney's
signature on the Agreement. 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.
Fire Department
18.
Approve
the Capital Asset purchase of two (2) Self Contained Breathing Apparatus Fit
Testing Machines in the amount of $19,200. Approve the necessary budget adjustments
(4/5ths vote required).
Health & Human Services Agency
19.
Reappoint
Kyle Melton, Seat No. 3 and George Patterson, Seat No. 5 to the Kings/Tulare
Area Agency on Aging Advisory Council for terms ending December 31, 2016.
20.
Approve
the acceptance of funds from the California Emergency Management Agency for the
Fiscal Year 2012 Emergency Management Performance Grant in the amount of
$215,494, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to accept
the grant funds as of July 1, 2012, and that it was in the County's best
interest to accept the funding on that date.
21.
Approve
the Capital Asset purchase of up to 4 portable radios for the Office of
Emergency Services for Fiscal Year 2012/2013 budget in the amount of
$20,000.00. Approve the necessary budget
adjustments (4/5ths vote required).
22.
Approve
an amendment to Agreement No. 24418 with the Tulare Joint Union High 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.
23.
Approve
an agreement with the Tulare County Office of Education, Special Services 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
agreement as of July 1, 2012, and that it was in the County's best interest to
enter into the agreement on that date.
24.
Approve
an agreement with the Laboratory Corporation of America for use of the
Laboratory Data Management System, retroactive from July 3, 2012 through June
30, 2013. Find that the Board had
authority to enter into the proposed agreement as of July 3, 2012 and that it was
in the County's best interest to enter into the agreement on that date.
Probation
25.
Approve
the Capital Asset purchase of two (2) Cellebrite Forensic Devices equipment and
software in the amount of $21,768.
Resource Management Agency
26.
Authorize
the extension of closure of Earlimart Transfer Station to January 1, 2013. Find
that the transfer station closure extension is exempt from the California
Environmental Quality Act pursuant to the adopted State of California CEQA
Guidelines Section 15061 (b)(3) and direct the Environmental Assessment Officer
to sign and file the Notice of Exemption with the Tulare County Clerk.
27.
Approve
Program Supplement No. N066 to Administering Agency-State Agreement for
Federal-Aid Project No. 06-5946 for the Preliminary Engineering Phase of the
Avenue 148 and Road 256 Traffic Signal project.
28.
Approve
the letter to the Tulare County Transportation Authority regarding Tulare
County's request that the Measure R Expenditure Plan Amendment Number Three
include a provision that 50 percent of the surplus identified in the
Transit/Bikes/Environment component of the Measure R Expenditure Plan not be
programmed by this amendment and that it be carried over into the second 15
years of the plan. Authorize the
Chairman to sign the letter to the Tulare County Transportation Authority.
Retirement
29.
Approve
and adopt the proposed revisions to the Tulare County Employees' Retirement
Association's Bylaws as approved by the Board of Retirement on October 10,
2012.
Sheriff/Coroner
30.
Accept
monetary donations of $9,856.87 from Friends of Tulare County designated for
the Sheriff's K-9 Unit, the Tulare County Sheriff's Explorers Program, and the
Tulare County Police Officer Memorial and Educational Foundation.
31.
Ratify
the Chairman's signature on a grant application to the Board of State and
Community Corrections for Fiscal Year 2012/13 for $331,546 to operate the South
Valley Marijuana Suppression Program, retroactive to October 1, 2012 through
September 30, 2013. Approve operating
agreement between the Tulare County Sheriff's Department, the Tulare County
District Attorney's Office, the Fresno County Sheriff's Office, and the Fresno
County District Attorney's Office for the South Valley Marijuana Suppression
Program, retroactive to October 1, 2012, through September 30, 2013. Find that the Board had authority to enter
into the proposed agreement as of October 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
32.
Request
from Resource Management Agency to approve the Funding Agreement with the
California Department of Public Health for $691,000 to complete a feasibility
study in meeting safe drinking water standards for the communities of Seville
and Yettem. Authorize the Chairman of the
Board to sign the Funding Agreement, and any amendments thereto, from the
California Department of Public Health, for the Seville and Yettem Water
Systems. Designate the Assistant Director-Public Works, a Registered Engineer
to: be Grant Administrator; approve claims for reimbursement; sign the
project's Budget and Expenditure Summary; sign the Certification of Project
Completion; and sign the Final Release Form.
Authorize the Tulare County Auditor to make the necessary budget
adjustments establishing a separate budget line that includes project and
funding agreement numbers (4/5ths vote required).
33.
Presentation
given by Resource Management Agency regarding an update of the Road Operations
Division.
(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 – EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Farshad A. Tafti vs. County of Tulare, et al.
Fifth
District Court of Appeal Case No. F065047
US
Bankruptcy Court Case No. 12-12998-A-11 and Case No. 12-01075-A
Next Item(s)
Sitting as...
ITEM
B
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
C
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Home Builders Association vs. County of Tulare, et al.
Tulare
County Superior Court Case No. 156119
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: City of Porterville vs. County of Tulare, et al.
Tulare
County Superior Court Case No. 249043
Next Item(s)
Sitting as...
ITEM
E
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
F
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
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 Adoption of Tulare County General
Plan 2030 Update
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
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Board
Representative II
(Government
Code Section 54957.6)
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...
