(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)
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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
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
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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 - 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
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. Juan Gabriel
Reyes
Tulare
County Superior Court Case Number VCU247500
Next Item(s)
Sitting as...
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
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: 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
Next Item(s)
Sitting as...
ITEM
J
CONSIDER PUBLIC
EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:
Details
[Government
Code Section 54957 (b)(1)]
County
Counsel
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...
