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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

December 18, 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 to honor Ernie Hernandez upon his retirement from United Way of Tulare County.

2.                  Recognize Brian Lewis, County Librarian upon his retirement for his many years of County service.

3.                  Recognize Undersheriff Dahl Cleek, Sheriff's Department upon his retirement for his many years of County service.

4.                  Recognize Captain Jim Hinesly, Sheriff's Department upon his retirement for his many years of County service.

5.                  Recognize Lieutenant Ramon Alanis, Sheriff's Department upon his retirement for his many years of County service.

6.                  Recognize Lieutenant Gary Chambers, Sheriff's Department upon his retirement for his many years of County service.

7.                  Public Comments.

8.                  Board of Supervisors.

 (Consent Calendar)

CONSENT CALENDAR (Number 9 through 35)

 

 

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

9.                  Approve canceling the January 1, 2013 regularly scheduled meeting.

10.             Ratify a Proclamation honoring Harry Foster for his dedication and service to Family Healthcare Network.

11.             Appoint Dr. Cheryl Duerksen, Department Head seat, to the Financial Advisory Committee for a term ending December 31, 2013.

12.             Reappoint Irma Rangel, Seat 3 - At-Large Member, to the Tulare County Mental Health Board for a term ending December 31, 2015.  Appoint Mary Mederos, Seat 13 - Family, to the Tulare County Mental Health Board for a term ending December 31, 2014.

13.             Appoint Fergus Morrissey to the Flood Control District, Member 7, for a term ending September 1, 2016.

14.             Reappoint Dennis R. Keller, At-Large Member, to the Tulare County Water Commission for a term ending April 30, 2014.

15.             Reappoint Neal Wallis, Retiree At-Large Member, and Peg Yeates, District 3 Member, to the Defined Contribution Committee for terms ending January 2, 2017.  Appoint Christopher Glidden, District 1 Member, and Kevin Mikesell, District 2 Member, to the Defined Contribution Committee for terms ending January 2, 2017.

 

County Administrative Office

16.             Approve the Bylaws of the Financial Advisory Committee.

17.             Approve the consolidation of certain In-Home Supportive Services activities into the County of Tulare Health and Human Services Agency.  Approve an agreement with the Tulare County In-Home Supportive Services Public Authority to provide for these activities.  Approve and authorize a Personnel Resolution adding one position and transferring and reclassifying one position to the Health & Human Services Agency.  Approve the necessary budget adjustments (4/5ths vote required).

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

19.             Waive the second reading and adopt the 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.  Direct the Clerk of the Board to publish the adopted Ordinance as required by law.

Fire Department

20.             Approve an agreement with the Ivanhoe Volunteer Fire Fighters Association for donating used fire protection equipment.

Health & Human Services Agency

21.             Approve an agreement with Tulare County Office of Education, Early Childhood Education Program 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.

22.             Approve an agreement with Tulare County Office of Education, Health Division, 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.

23.             Approve an amendment to Agreement No. 25036 with CF Merced, LLC d.b.a Country Villa Merced Behavioral Health Center, a locked skilled nursing facility, to increase the dollar amount of the agreement by $136,000 from $814,000 to $950,000 for the continued provision of stabilization and long-term maintenance for mentally disabled clients, 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 amendment on that date.

 

24.             Approve an agreement with Siemens Healthcare Diagnostics to provide maintenance and support for the Public Health Lab, retroactive to July 1, 2012 through June 30, 2013 in an amount not to exceed $3,200.  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.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

In-Home Supportive Services Public Authority

25.             Approve the consolidation of certain In-Home Supportive Services activities into the County of Tulare Health and Human Services Agency.  Approve an agreement with the County of Tulare Health and Human Services Agency to provide for these activities. Approve and authorize a Personnel Resolution deleting three positions from the In-Home Supportive Services Public Authority.

ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Probation

26.             Approve the sole source purchase of twenty-three (23) Gemini vehicle safety and emergency response system equipment from CalAmp Wireless Networks in the amount of $71,812.  Authorize the Purchasing Agent to waive the bid process and make the sole source purchase.

27.             Approve the Capital Asset purchase of Cisco hardware and software in the amount of $21,636.  Approve the necessary budget adjustments (4/5ths vote required).

28.             Approve an agreement with the California Office of Traffic Safety for DUI Probation Supervision, retroactive to October 1, 2012 through September 30, 2013.  Find that the Board had the 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.

29.             Approve an amendment to Agreement No. 25257 with BI Incorporated for providing electronic monitoring services, retroactive to July 1, 2011 through March 14, 2014.  Find that the Board had the 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 amendment to agreement on that date.

Resource Management Agency

30.             Affirm the finding that the County received less than one-half of the foregone property tax revenue pursuant to Government Code Sections 16142(e) and 16142.1(d) for the 2011/2012 Fiscal Year.  Affirm implementation of AB 1265 pursuant Government Code Sections 51244(b) and Section 51244.3 for a reduction of property tax benefits by ten percent, and also pursuant to Government Code Section 51244(b) a related reduction of the term of the contracts to nine years (eighteen years for Farmland Security Zone contracts).

31.             Approve the Fiscal Year 2012/2013 Williamson Act Subvention Application Report.

32.             Approve an agreement with the California Department of Transportation (Caltrans) to be responsible for installation and maintenance of a gateway monument sign on State Route 198 right of way near Three Rivers.  Delegate authority to the Resource Management Agency Assistant Director - Public Works or successive titled employee of comparable rank to sign and submit encroachment permit applications to Caltrans for the installation and maintenance of the gateway monument sign.

33.             Approve an agreement with the Three Rivers Village Foundation to be responsible for installation and maintenance of a gateway monument sign on State Route 198 right of way near Three Rivers.

34.             Approve the re-title of Position No. 2486 and incumbent from Road Superintendent to Heavy Equipment Superintendent.  Authorize and approve salary realignment of the Heavy Equipment Superintendent classification with that of the Road Superintendent classification.  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.

Sheriff/Coroner

35.             Approve flexible allocation of the classification of IT Desktop Technician I level up to III level (Position Numbers 2721, 8039, 3796 and 9792).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

36.             Request from the County Librarian to ratify and approve the submission of a State Library Literacy Grant Claim Form for literacy services in the City of Tulare.  Find that the Board had the authority to submit a State Library Literacy Grant Claim Form as of August 27, 2012, and that it was in the County's best interest to submit a Claim Form on or about that date.  Accept a $22,630 grant from the California State Library for literacy services in the City of Tulare.  Approve a Memorandum of Understanding with the Tulare Athletic Boxing Club for the implementation of the Adult Literacy Program formerly run by the City of Tulare for the period of December 18, 2012 to December 18, 2013.  Approve the necessary budget adjustments (4/5ths vote required).

37.             Presentation given Human Resources & Development regarding the Public Employees' Pension Reform Act.

38.             Request from Resource Management Agency to authorize the extension of closure of Earlimart and Kennedy Meadows Transfer Stations to March 30, 2013.  Find that the transfer station closure extensions are 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.

39.             Provide direction to the Resource Management Agency (RMA) and County Counsel to:  (1) prepare an Interim Ordinance prohibiting solar facility development within Tulare County, except for pipeline projects as specifically exempted in said Ordinance; or (2) provide direction to RMA regarding proposed amendments (including specific pipeline project exemptions) to the existing Utility Solar Policy.  Direct staff to return to the Board of Supervisors as soon as possible with a recommendation from the Agricultural Policy Advisory Committee regarding solar facility development within Tulare County.

(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 - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (b)(1)]

Number of Potential Cases: 1

Solar Policy Options and Proposed Amendments

Board of Supervisors Agenda Item, December 18, 2012

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Kent Haws, Deceased vs. County of Tulare

Workers’ Compensation Appeals Board Number Unassigned Claim Number CT-08-0510262

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ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  County of Tulare vs. Juan Gabriel Reyes

Tulare County Superior Court Case Number VCU247500

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ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  County of Tulare vs. Porterville, et al.

Tulare County Superior Court Case No. 249043

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ITEM E

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 F

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 G

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 H

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 I

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 1

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ITEM J

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

[Government Code Section 54957 (b)(1)]

County Counsel

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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

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