(Public Comment Period)
1.
Request
from Health and Human Services Agency to receive a presentation on the
TulareCare Low Income Health Program, California's "Bridge to Health Care
Reform". Approve the implementation
of the TulareCare Low Income Health Program upon execution of the
"Contract for Low Income Health Program" with the California
Department of Health Care Services.
Approve an agreement with the California Department of Health Care
Services for Low Income Health Program, and authorize the Health and Human
Services Agency Director or designee to sign four (4) copies on behalf of the
Board. Approve a host agreement with Los
Angeles County in the amount of $1,000 per year for a 2 year period. Approve an agreement with the Foundation for
Medical Care with an initial cost of $75,000 and monthly fees of $16,500,
terminating December 31, 2013. Approve
the necessary budget adjustments (4/5ths vote required). Approve the Personnel Resolution to add four
(4) Administrative Specialist II and two (2) Office Assistant IV positions.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the Fire Department to
confirm the accounting as modified for Fire Hazard Abatement Cost
Recovery. 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 cost on the County Tax Roll as special assessments against
the respective parcels of land.
5.
PUBLIC
HEARING: Request from Resource Management
Agency to certify that the Mitigated Negative Declaration for the Road 148
Outside Creek Bridge Replacement Project is complete and adequate and has been
completed in compliance with the California Environmental Quality Act and the
State California Environmental Quality Act Guidelines. Find that the Project is accurately described
in the Mitigated Negative Declaration.
Approve the Project as described in the Mitigated Negative Declaration. Find that significant impacts could result
from the Project, but are mitigated to a level that is less than significant by
Project features or deliberate mitigation measures. Approve and adopt the Mitigated Negative
Declaration, including the accompanying Mitigation Monitoring Plan. Authorize
the Environmental Assessment Officer, or designee, to sign and file the Notice
of Determination with the County Clerk.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 26)
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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
6.
Approve
an agreement with the California Department of Food and Agriculture for
providing State subvention in the amount of $301,832 to offset costs of
providing Asian Citrus Psyllid detection trapping services, 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.
Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
7.
Establish
the 2012/2013 GANN Appropriations Limit for the County to be $3,024,815,414.
Board of Supervisors
8.
Adopt
the Form 806: Public Official Appointments as required by the Fair Political
Practices Commission Regulation 18705.5.
9.
Ratify
Proclamation honoring Roche Oil for 50 years of business in Tulare County.
10.
Reappoint
Diana Pearcy, Unincorporated Cities and John P. Binaski, County Fire Chief's
Association to the Independent Ambulance Compliance Committee for terms ending
December 31, 2014.
11.
Reappoint
Thomas C. Brodersen, Member-County Bar to the Tulare County Law Library for a
term ending December 31, 2013.
12.
Reappoint
Erma Montion, Community Health Board to the Health Advisory Committee for a
term ending February 1, 2016.
13.
Appoint
Sharon Herbert, At-Large Member to the Tulare County Library Advisory Board for
a term ending December 31, 2016.
14.
Appoint
Jeff Scott, County Department Head to the Tulare County Museum Board.
County Administrative Office
15.
Ratify
the actions taken by the County Administrative Officer during the months of
December 2012 and January 2013.
16.
Allow
the Civil War Reenactment at Mooney Grove Park, including the discharge of
firearms (limited to blank ammunition), on February 28 to March 3, 2013 and
future reenactments. Allow overnight
camping during the events by participants.
Allow the use of fire pits during the events by participants.
Health & Human Services Agency
17.
Approve
an amendment to Agreement No. 25619 with Star View Adolescent Center to provide
Community Treatment Facility, Psychiatric Health Facility, and Therapeutic
Behavioral Services beds and related mental health treatment for the benefit of
Tulare County patients in an amount not to exceed $160,000 (the maximum amount
of the total agreement not to exceed $280,000), 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 amendment on
that date.
18.
Approve
an amendment to Agreement No. 23197 with Central Valley Recovery Services, Inc:
Pine Recovery Center, New Visions, Mothering Heights, New Heights and New Hope
in the amount of $124,149 (the maximum amount of the total agreement not to
exceed $1,831,078 for Fiscal Year 2012/2013) to provide continued alcohol and
drug recovery services through the end of the Fiscal Year 2012/2013,
retroactive to January 1, 2013 through June 30, 2013. Find that the Board had authority to enter
into the proposed amendment as of January 1, 2013, and that it was in the
County's best interest to enter into the amendment on that date.
19.
Approve
an agreement with Decade Software Company, LLC. in an amount not to exceed
$324,378 for License and Support Fees for Envision and Envision Connect
software products, retroactive from July 1, 2012 through June 30, 2016. 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.
Probation
20.
Approve
an agreement with The PAAR Center in the amount of $150,000 to provide
offenders recently realigned under State legislature continued Residential
Treatment and Training Services, including Outpatient Services, retroactive to
January 1, 2013 to June 30, 2013. Find
that the Board had authority to enter into the proposed agreement as of January
1, 2013, and that it was in the County's best interest to enter into the
agreement as of that date.
Resource Management Agency
21.
Authorize
the filing of Notices of Partial Non-Renewal for four (4) Land Conservation Contracts
as provided in the Williamson Act. Three of the requests fulfill conditions
resulting from the creation of one parcel map and the approval of two lot-line
adjustments. Approve the execution of
amendments to the Land Conservation Contracts as a condition of approval for
the aforementioned partial non-renewals.
22.
Ratify
and approve submittal of a State of California Department of Public Health
application for $50,000 to finance the installation of a water vending machine
at the Stone Corral School pursuant and subject to all of the terms and
provisions of The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Costal Protection Bond Act of 2006 (Proposition 84) and all amendments
thereto. Find that the Board had
authority to submit the application as of February 12, 2013, and that it was in
the County's best interest to submit the application on that date. Certify that the County has the authority to
construct, operate, and maintain the water vending machine. Certify that the County desires to enhance
the provision and protection of the drinking water supplied to the community of
Seville. Authorize and direct the
Chairman of the Board to cause the necessary data to be prepared,
investigations to be performed and application to be signed and filed with the
State of California.
23.
Accept
the work for the construction of Road 80 Phase 2 from Avenue 384 to Avenue 416
as complete by Emmett's Excavation, Inc. of Clovis, California. Authorize the Chairman to sign the Notice of
Completion. Direct the Clerk of the
Board to have the Notice of Completion recorded with the County Recorder.
24.
Approve
Program Supplement No. K16 to Administering Agency-State Agreement for Project
No. 00120S for design of pedestrian improvements along Road 126, along the east
side from Miller Avenue to north of Avenue 419 which is located in front of
Orosi High School campus. Authorize the
Chairman to sign Program Supplement No. K16 on behalf of the County of Tulare.
25.
Approve
an amendment to Agreement No. 25114 with the California Department of Fish and
Game that allows the construction contractor to perform night work by using
artificial lighting as necessary to complete the construction of the Avenue 416
Kings River Bridge Replacement Project, retroactive to November 27, 2012. Find that the Board had the authority to
enter into the proposed agreement as of November 27, 2012, and that it was in
the County's best interest to enter into the agreement on that date. Authorize the Chairman to sign the amendment
to the agreement, subject to review and approval as to form by County Counsel.
Sheriff/Coroner
26.
Accept
an operational agreement with the Merced County Sheriff's Department for $4,496
under the Region V Anti-Gang Intelligence-Led Policing Program (RILP),
retroactive to November 1, 2009 through September 30, 2012. Find that the Board had authority to enter
into the proposed agreement as of November 1, 2009, 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
27.
Request
from the Agricultural Commissioner/Sealer to approve the Personnel Resolution
to expand the flexible allocations within the Agricultural Commissioner
Department to change twenty (20) Agricultural & Standards Inspector
Trainee, I, and II positions to Agricultural & Standards Inspector III
allocations.
28.
Request
from the Sheriff's Office to approve a Personnel Resolution to add one (1)
Deputy II to the Sheriff's Position Allocation, retroactive to October 1, 2012
for the South Valley Marijuana Suppression Program.
29.
Request
from Resource Management Agency to approve reclassification of position #2532
and incumbent from Administrative Aide, to Staff Services Analyst I/II. Approve the deletion of position #7273 (Staff
Services Analyst III) from Budget 045-235-2000 (Solid Waste Enterprise) and add
position #7273 (Staff Services Analyst III) to Budget 014-225-2300 (Road Fund).
30.
Request
from Resource Management Agency to amend the Agricultural Policy Advisory
Committee's Bylaws, specifically Chapter II, Section B.3(e), as follows: The
Committee may declare vacant the position of an appointed member who fails to
attend three or more meetings in a calendar year without good and sufficient
reason as determined by a majority vote of the Committee after the member's
failure to attend three (3) consecutive regular meetings.
31.
Request
from Resource Management Agency to receive recommendations of the Agricultural
Policy Advisory Committee. Approve the
revised solar policy regarding citing of utility scale solar facilities as
recommended by the Agricultural Policy Advisory Committee.
32.
Receive
a report from Resource Management Agency regarding the Solid Waste Enterprise
Fund.
(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 (d)(1)]
Name of
Case: Martina Robles vs. Jannelle
Cornelia Malek, County of Tulare and Does 1 through 50
Tulare
County Superior Court Case Number VCU249429
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Sierra Club vs. County of Tulare,
et al. Tulare County Superior Court Case Number 249061
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: City of Porterville vs. County of
Tulare, et al. Tulare County Superior Court Case Number 249043
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: County of Tulare vs. City of
Porterville, et al., Tulare County Superior Court Case No. 249877
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
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
F
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (d)(4)]
Number of
Potential Cases: 9
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (d)(4)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 3
Next Item(s)
Sitting as...
ITEM
I
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...
ITEM
J
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
County
Librarian
(Government
Code Section 54957)
Next Item(s)
Sitting as...
