(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
3.
11:30
a.m. - 1:00 p.m. Tulare County Farm Bureau Board of Director's Luncheon
4.
Presentation
given by the 2012 Leadership Academy participants. Approve a recommendation for
the provision of a semi-annual County-Wide Staff Development Symposium.
5.
Presentation
given by the Sheriff's Department regarding illegal marijuana cultivation and
distribution suppression efforts.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from the Fire Department to
conduct a public hearing for Fire Hazard Abatement Cost Recovery. Confirm the accounting as modified. Order that the costs as confirmed be recorded
in the office of the Tulare County Recorder.
Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector
place such costs on the County Tax Roll as special assessments against the
respective parcels of land.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 36)
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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
7.
Approve
an agreement with the California Department of Food and Agriculture for
providing State subvention in the amount of $900 to offset costs of providing
soil treatment supervision, commodity treatment supervision and commodity and/
or soil sampling as required by the Nematode Control Program, 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.
8.
Approve
an agreement with the California Department of Food and Agriculture for
providing State subvention in the amount of $9,678.53 to offset costs
associated with providing enforcement of the California Food and Agriculture
Code pertaining to high risk shipments of plant material and bees 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.
Board of Supervisors
9.
Approve
the List of Appointive Offices on Regulatory Commissions and Advisory Boards,
Commissions and Committees for vacancies on Boards and Commissions and Special
Districts occurring in 2013 for compliance with the Maddy Act and Authorize
Posting.
10.
Approve
$100,000 in funding awards, as recommended by the Tulare County Youth
Commission, from the Step Up Youth Activities Grant Program as follows:
District 1: El Quinto Summer Youth Arts Program ($10,000), Courage to Change
Teen Connect Program ($10,000); District 2: Grandma's House ($5,000), Tulare
County Police Activities League for Earlimart After-School Programs ($5,000),
United Way for Allensworth/Alpaugh Youth ($5,000), Tulare Athletic Club
($5,000); District 3: Tulare County Youth for Christ Transitional Support
Program ($10,000), Christ Lutheran Institute of Performing Arts (CLIPArts)
($5,000), CHP Explorer Post ($5,000); District 4: Proteus for Employer Based
Skills Training ($10,000), Big Brothers Big Sisters of Central California for
Cutler/Orosi ($10,000); and District 5: Social & Environmental
Entrepreneurs (SEE)/Wildplaces ($10,000), Porterville Summer Strings ($5,000),
and Boys & Girls Club Porterville Diplomas to Degrees ($5,000). Authorize the Chairman to sign the grant
agreements, subject to review and approval as to form by County Counsel.
11.
Appoint
Patrick Isherwood to the Agricultural Policy Advisory Committee, Building
Member for a term ending June 30, 2014.
12.
Reappoint
Marc Lippincott to the Tulare County Employee's Retirement Board, Member 6 for
a term ending December 31, 2015.
13.
Reappoint
William D. West, Member 4, Steve Martin, Member 5 and Daniel Vink, Member 6 to
the Tulare County Flood Control District for terms ending September 1, 2016
14.
Reappoint
Cameron Hamilton, Mutually Selected Member for a term ending June 30, 2017 and
appoint Gilbert Ynigues, Mutually Selected Member-Alternate for a term ending
June 30, 2016 to the Indian Gaming Benefit Committee.
15.
Reappoint
Kathy Johnson, Community Partner to the Health Advisory Committee for a term
ending February 1, 2016.
16.
Reappoint
Irene Rodrigues, Tenant Commissioner to the Tulare County Housing Authority
Board for a term ending December 18, 2016.
17.
Reappoint
Robert Uchita, Trustee, Charlie Pitigliano, Jr., Trustee and Robert Clark,
Trustee to the Tulare Mosquito Abatement District for terms ending December 31,
2016.
18.
Appoint
Chris Bowman, Seat 7, Consumer for a term ending December 31, 2013 and Eve
Hill, Seat 14, Consumer for a term ending December 31, 2014 to the Tulare
County Mental Health Board.
19.
Reappoint
Scott Powell, Director to the Tulare County Resource Conservation District for
a term ending November 30, 2016.
County Counsel/Risk Management
20.
Approve
an agreement with California State Association of Counties-Excess Insurance
Authority to extend the County's participation in the Medical Malpractice
Insurance Program retroactive to October 1, 2012 through October 1, 2014. Find that the Boar 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.
District Attorney
21.
Ratify
and approve an amendment to Agreement No. 24021 with California Emergency
Management Agency to accept grant funding in the amount of $5,478 for the
Central Valley Rural Crime Prevention Program, retroactive to July 1, 2010
through June 30, 2013. Find that the
Board had authority to enter into the proposed agreement as of July 1, 2010,
and that it was in the County's best interest to enter into the agreement on
that date. Ratify the Chairman's
signature on two copies of the grant award amendment to Agreement 24021. Approve the necessary budget adjustments
(4/5ths vote required).
22.
Ratify
and approve an amendment to Agreement No. 24022 with California Emergency
Management Agency to accept grant funding in the amount of $3,399 for the
Vertical Prosecution Block Grant Program, 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, 2010, and that
it was in the County's best interest to enter into the agreement on that date. Ratify the Chairman's signature on two copies
of the grant award amendment to Agreement No. 24022. Approve the necessary budget adjustments
(4/5ths vote required).
23.
Ratify
and approve the Grant Award Agreement for acceptance of grant funding from the
Insurance Fraud Prosecution Program in the amount of $220,000, retroactive to
July 1, 2012 through June 30, 2013 and recognize an additional $9,725 in carry
over funds from Fiscal Year 2011/2012 for a total of $229,725. Ratify and approve the District Attorney's
signature on the agreement. 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. Direct the Board Clerk to
prepare a certified copy of the Resolution for the District Attorney's
Office. Approve the necessary budget
adjustments. (4/5ths vote required).
Health & Human Services Agency
24.
Approve
the Personnel Resolution to add two (2) ParalegaI-IIIK (Confidential)
positions. Approve the necessary budget
adjustments. (4/5ths vote required).
25.
Approve
an agreement with First Five Tulare County in the amount of $11,695 for
fluoride varnish treatment to eligible aged 0 to 6 pediatric patients of the
Tulare County Health & Human Services Clinics, retroactive to December 1,
2012 through December 31, 2013. Find that
the Board had authority to enter into the proposed agreement as of December 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).
26.
Approve
an agreement with Parenting Network 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.
27.
Approve
the acceptance of funds from the California Emergency Management Agency for the
Fiscal Year 2012 State Homeland Security Grant Program in the amount of
$389,556, retroactive to October 12, 2012 through April 30, 2014. Find that the Board had authority to accept
the grant funds as of October 12, 2012 and that it was in the County's best
interest to accept the funding on that date. Accept funds from the Tulare
County Office of Emergency Services on behalf of Fire, Resource Management
Agency, and HHSA-Public Health Emergency Preparedness Program. Approve the necessary budget adjustments
(4/5ths vote required).
28.
Approve
the Influenza Reagent Resource (IRR) User Agreement with the American Type
Culture Collection for the utilization of the free Influenza PCR (Polymerase
Chain Reaction) test reagents necessary for the Tulare County Public Health Lab
Influenza Surveillance Program.
29.
Approve
a Memorandum of Understanding with the Superior Court of Tulare County for the
provision of two (2) Courtroom Clerk positions for the Drug Court and Mental
Health Court in the amount of $89,994, 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.
Approve the necessary budget adjustments (4/5ths vote required).
Resource Management Agency
30.
Approve
the Personnel Resolution for reclassification of Position No. 2486 and
incumbent from Road Superintendent to Heavy Equipment Superintendent. Approve the designation of the Heavy
Equipment Superintendent classification to At-Will status and approve
grandfathering current incumbent, Position No. 2486, to retain competitive
status. Authorize and approve salary
realignment of the Heavy Equipment
Superintendent classification with that of the Road Superintendent
classification. Authorize and approve a
one-time payment, effective November 4, 2012.
Sheriff/Coroner
31.
Ratify
and approve an amendment to Agreement No. 23774 with the California Emergency
Management Agency to increase funding by $10,428 for the Tulare County Sexual
Assault Felony Enforcement Program, retroactive to July 1, 2010, through June
30, 2013. Ratify the Chairman's
signature on the amendment to 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. Approve the
necessary budget adjustments. (4/5ths
vote required)
32.
Ratify
and approve an amendment to Agreement No. 24026 with the California Emergency
Management Agency to increase funding by $4,531 for the Tulare County Clandestine
Laboratory Enforcement Unit, retroactive to July 1, 2010, through June 30,
2013. Ratify the Chairman's signature on
the amendment to the agreement. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2010, 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)
33.
Rescind
Board Resolution No. 2012-0809. Ratify the
Chairman's signature on a grant application to the Board of State and Community
Corrections for Fiscal Year 2012/2013 for $211,963 to operate the Tulare County
Inter-Agency Narcotics Enforcement Team Program, retroactive to October 1, 2012
through September 30, 2013. Approve operating agreements with Exeter,
Farmersville, and Lindsay police departments for the Tulare County Inter-Agency
Narcotics Enforcement Team Program, retroactive to October 1, 2012, through
September 30, 2013 and ratify the Chairman's signature on each agreement. 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. Assure that
federal Justice Assistance Grant funds from the Board of State and Community
Corrections awarded to the County under the Anti-Drug Abuse Program will not be
used to supplant other funds for the same activities, and that the County will
abide by all statues and regulations governing the Justice Assistance Grant
Program and terms as well as the terms and conditions of the grant agreement
for the program by the Board of State and Community Corrections.
34.
Rescind
Board Resolution 2012-0870. Ratify the
Chairman's signature on a grant application to the Board of State and Community
Corrections for Fiscal Year 2012/2013 for $331,546 to operate the South Valley
Marijuana Suppression Program, retroactive to October 1, 2012 through September
30, 2013. Approve an 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 and ratify the
Chairman's signature on the agreement.
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. Assure
that federal Justice Assistance Grant funds from the Board of State and
Community Corrections C awarded to the County under the Anti-Drug Abuse Program
will not be used to supplant other funds for the same activities, and that the
County will abide by all statues and regulations governing the Justice
Assistance Grant program as well as the terms and conditions of the grant
agreement for the program by the Board of State and Community Corrections.
35.
Approve
an amendment to Agreement No. 25264 with TLOxp to add the cost for services for
the search database used to investigate criminal cases, retroactive to November
15, 2012, and to remain in effect until terminated by either party.
36.
Approve
the Capital Asset Purchase of four mugshot capture stations in the amount of
$27,371. Authorize the necessary budget
adjustments (4/5ths vote required).
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
37.
Request
from Health and Human Services Agency to approve an agreement with Diamond
Drugs, Inc., d.b.a. Diamond Pharmacy Services, in an amount not to exceed
$3,700,000, to provide Pharmaceutical Management Services for the Tulare County
Health & Human Services Agency's Criminal Justice facilities from January
1, 2013 through June 30, 2016.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
38.
Request
from Resource Management Agency to approve the proposed Flood Control Projects
as recommended by the Flood Control Commission and instruct staff to proceed
with further study and concept development and to design and construct the
following three flood control projects:
Juvenile Detention Facility-Cottonwood Creek; Seville-Sontag Ditch; and
Yettem-Button Ditch. Authorize the
necessary budget adjustments. (4/5ths vote required).
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
39.
Presentation
given by Resource Management Agency regarding the status of major road projects
for construction in Tulare County.
40.
Request
from the County Administrative Office to introduce and waive the first reading
of an ordinance to amend Section 1-07-1060 of Chapter 7 of Article 3 of the
Ordinance Code of Tulare County pertaining to the Board of Supervisors
salaries. Set the second reading for
December 18, 2012 and direct the Clerk of the Board to publish the full
ordinance prior to the second reading as required by law.
(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 – INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c)]
Number of Potential Cases: 25
Next Item(s)
Sitting as...
ITEM
B
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
C
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
D
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
E
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 Number 156119
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
CONSIDER PUBLIC
EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:
Details
(Government
Code Section 54957 (b)(1)]
County
Counsel
Next Item(s)
Sitting as...
ITEM
J
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...
